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.