4. After Article 7 of the 1997 Order insert—
7A.—(1) This Article applies in relation to any contractual provision made between the parties to a construction contract which concerns the allocation as between those parties of costs relating to the adjudication of a dispute arising under the construction contract.
It is immaterial whether or not the contractual provision is contained in the construction contract.
(2) The contractual provision referred to in paragraph (1) is ineffective unless—
(a)it is made in writing, is contained in the construction contract and confers power on the adjudicator to allocate his fees and expenses as between the parties, or
(b)it is made in writing after the giving of notice of intention to refer the dispute to adjudication.”.