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Part IVTransport

Chapter VIIPublic-Private Partnership Agreements

The PPP arbiter

225The PPP arbiter

(1)The Secretary of State may appoint a person to an office to be known as “the Public-Private Partnership Agreement Arbiter” (in this Chapter referred to as the “PPP arbiter”).

(2)The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.

(3)The PPP arbiter shall be a corporation sole by the name of “the Public-Private Partnership Agreement Arbiter”.

(4)If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.

(5)A request under subsection (4) above must not include a request for a particular person to be appointed.

(6)Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning—

(a)the person to be appointed; and

(b)the terms of the appointment.

(7)The office of PPP arbiter may not be held by—

(a)the Mayor;

(b)an Assembly member;

(c)the Authority or a member of staff of the Authority;

(d)Transport for London or a subsidiary of Transport for London;

(e)a member of Transport for London or a director of a subsidiary of Transport for London;

(f)a member of staff of Transport for London or of a subsidiary of Transport for London; or

(g)a director or employee of a PPP company or of a subsidiary of a PPP company or of a company of which a PPP company is a subsidiary.