Construction Contracts Regulations 2003

Schedule 2 Information that must be contained in application for authority to nominate adjudicators

 

An application form for an authority to nominate adjudicators must contain the following information:

(a)

the applicant’s full name; and

(b)

the applicant’s contact details for matters relating to the application and for ongoing matters relating to the authority to nominate adjudicators (if granted); and

(c)

if the applicant is an incorporated person, a copy of—

(i)

the certificate of incorporation or other documentary evidence of the incorporation of the applicant; and

(ii)

the memorandum or articles of association or constitution, as the case may be, or other documents or instruments constituting or defining the constitution of the applicant; and

(iii)

the certificate of registration of the business name of the applicant; and

(d)

evidence of the relevant qualifications and experience of the applicant and, in the case of an applicant who is an incorporated person, of the directors and officers of the applicant; and

(e)

details of any minimum standards or criteria that the applicant has in place (or plans to have in place) for selecting individuals to be nominated as adjudicators; and

(f)

details of any procedures that the applicant has in place (or plans to have in place) that will—

(i)

ensure the applicant selects individuals for nomination in a manner that is free of any bias or conflict of interest; and

(ii)

ensure the applicant nominates individuals who have the appropriate knowledge, skills, and expertise for the particular case; and

(iii)

ensure the applicant nominates individuals in a timely manner; and

(iv)

ensure the applicant nominates individuals who are available to act and who are free of conflict of interest in the particular case; and

(v)

ensure members of the public know how to contact the applicant; and

(g)

a description in summary form of the individuals (in so far as they are known at the relevant time) whom the applicant proposes to nominate as adjudicators, including (without limitation)—

(i)

the relevant knowledge, skills, and expertise of those individuals; and

(ii)

how many of those individuals there are; and

(h)

details of any systems that the applicant has in place (or plans to have in place) that will—

(i)

ensure the individuals whom the applicant proposes to nominate as adjudicators undertake appropriate continuing education and professional development programmes that are relevant to their role as an adjudicator; and

(ii)

ensure those individuals continue to comply with any minimum standards and other quality control requirements that the applicant has in place; and

(iii)

ensure that any of those individuals who fail to perform the functions and duties or to exercise the powers of an adjudicator in an efficient and proper manner are disqualified from being nominated as an adjudicator by the applicant; and

(i)

details of the fee (if any) that the applicant proposes to charge for the nomination of adjudicators; and

(j)

any other information that the applicant wishes to be considered.

Marie Shroff,
Clerk of the Executive Council.