BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 28
Nominating authorities
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 28
Nominating authorities
28 Nominating authorities
(1) Subject to the regulations, the Minister--
(a) may, on application made by
any person, authorise the applicant to nominate adjudicators for the purposes
of this Act, and
(b) may withdraw any authority so given.
(1A) The Minister
may--
(a) limit the number of persons who may, for the time being, be
authorised under this section, and
(b) refuse an application under subsection
(1) if authorising the applicant would result in any such number being
exceeded.
(1B) An authority under this section may be given unconditionally
or subject to conditions.
(2) A person--
(a) whose application for authority
to nominate adjudicators for the purposes of this Act is refused (otherwise
than on the ground referred to in subsection (1A)(b)), or
(b) whose authority
to nominate adjudicators is withdrawn or is given subject to conditions,
may
apply to the Civil and Administrative Tribunal for an administrative review
under the Administrative Decisions Review Act 1997 of the Minister's decision
to take that action.
(3) An authorised nominating authority may charge a fee
for any service provided by the authority in connection with an
adjudication application made to the authority. The amount that may be charged
for any such service must not exceed the amount (if any) determined by the
Minister.
(a) jointly and severally
liable to pay any such fee, and
(b) each liable to contribute to the payment
of any such fee in equal proportions or in such proportions as the adjudicator
to whom the adjudication application is referred may determine.
(5) An
authorised nominating authority must provide the Minister with such
information as may be requested by the Minister in relation to the activities
of the authority under this Act (including information as to the fees charged
by the authority under this Act).