Building and Construction Industry Security of Payment Act 2004 · 2020 Revised Edition · Part 4 · Adjudication of Payment Claim Disputes
18A. Appointment of replacement review adjudicator
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Where an authorised nominating body becomes aware that —
a review adjudicator or a member of a panel of review adjudicators appointed under section 18(5)(b) has ceased to meet the eligibility criteria for adjudicators under section 29; or
a review adjudicator or a member of a panel of review adjudicators has become unable to perform the adjudicator’s duties for any reason,the authorised nominating body must refer the adjudication review application to a person who is on the register of adjudicators established under section 28(4)(a) and whom the authorised nominating body considers to be appropriate for appointment as the replacement review adjudicator or a replacement member of a panel of review adjudicators to determine the adjudication review application in place of the review adjudicator or member of a panel of review adjudicators in paragraph (a) or (b), as the case may be.
The person to whom the adjudication review application has been referred under subsection (1) may agree or decline to determine the adjudication review application.
adjudication
“adjudication” means the adjudication of a payment claim dispute in accordance with Part 4, and includes an adjudication review under that Part;
The authorised nominating body must, within 7 days after becoming aware of the matters in subsection (1)(a) or (b) (as the case may be) serve on the parties to the adjudication review, the principal (if known) and the owner concerned a written notice confirming the appointment of the person who has agreed to determine the adjudication review application referred to the person under subsection (1) as the replacement review adjudicator or the replacement member of the panel of review adjudicators, as the case may be.
principal
“principal”, in relation to a respondent named in a payment claim served by a claimant under section 10, means a person who is liable to make payment to the respondent for or in relation to the whole or part of the construction work that is, or the whole or part of the goods or services that are, the subject of the contract between the respondent and the claimant;
The authorised nominating body must not appoint an adjudicator whose determination is the subject of the adjudication review.
adjudicator
“adjudicator” means a person appointed under this Act to determine a payment claim dispute that has been referred for adjudication, and includes —(a)a replacement adjudicator appointed under section 14A(3);(b)a review adjudicator or a panel of review adjudicators appointed under section 18(5)(b); and(c)a replacement review adjudicator or a replacement member of a panel of review adjudicators appointed under section 18A(3);