49 Approval for issue of charging order over construction site owned by respondent
  • (1) This section applies if—

    • (a) a claimant has referred to adjudication a dispute about whether an amount is payable by a respondent under the construction contract; and

    • (b) the claimant has sought, in the notice of adjudication, the adjudicator's approval for the issue of a charging order in respect of a construction site owned by the respondent; and

    • (c) the adjudicator has determined that the respondent—

      • (i) is liable to pay (whether in whole or in part) the amount claimed in the adjudication; and

      • (ii) is the owner of the construction site.

    (2) If this section applies, the adjudicator must—

    • (a) approve the issue of a charging order in respect of the construction site owned by the respondent; and

    • (b) record that approval in his or her determination accordingly; and

    • (c) include in his or her determination sufficient particulars to identify the construction site to which the approval for the issue of a charging order relates.