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The Scheme for Construction Contracts (Scotland) Regulations 1998
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- 1998 No. 687 (S. 34)
- SCHEDULE
- PART I
- Regulation 9
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Notice of intention to seek adjudication
9.—(1) An adjudicator may resign at any time on giving notice in writing to the parties to the dispute.
(2) An adjudicator must resign where the dispute is the same or substantially the same as one which has previously been referred to adjudication, and a decision has been taken in that adjudication.
(3) Where an adjudicator ceases to act under sub-paragraph (1)–
(a)the referring party may serve a fresh notice under paragraph 1 and shall request an adjudicator to act in accordance with paragraphs 2 to 7; and
(b)if requested by the new adjudicator and insofar as it is reasonably practicable, the parties shall supply him with copies of all documents which they had made available to the previous adjudicator.
(4) Where an adjudicator resigns in the circumstances mentioned in sub-paragraph (2), or where a dispute varies significantly from the dispute referred to him and for that reason he is not competent to decide it, that adjudicator’s fees and expenses shall be determined and payable in accordance with paragraph 25.
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