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Part IVTransport

Chapter VIIPublic-Private Partnership Agreements

The PPP arbiter

230Guidance by the PPP arbiter

(1)Any matter relating to a PPP agreement may be referred to the PPP arbiter for consideration by him—

(a)by all the parties to the PPP agreement acting jointly, if they so agree; or

(b)by any party to the PPP agreement.

(2)Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and—

(a)if the matter was referred under paragraph (a) of that subsection, shall give to the parties who referred the matter such guidance as he considers appropriate; or

(b)if the matter was referred under paragraph (b) of that subsection, may give to the parties to the PPP agreement such guidance as he considers appropriate.

(3)The guidance which may be given by the PPP arbiter by virtue of subsection (2) above includes guidance about any matter which he considers relevant to the PPP agreement in question.

(4)Where the PPP arbiter has given any guidance under this section in relation to a matter which is subsequently referred to him for direction under subsection (3) of section 229 above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.