The Airports Slot Allocation Regulations 2006

Independent reviewer

19.—(1) An independent reviewer shall be a natural person—

(a) nominated by the coordinator or schedules facilitator after consulting the persons specified in sub-paragraphs (a) to (c) of regulation 18(3), for which purpose—

(i) the person nominated shall disclose in writing to the coordinator or schedules facilitator any relationship with or interest in any—

(aa) airport operator;

(bb) air carrier; or

(cc) air traffic services provider; and

(ii) the coordinator or schedules facilitator shall disclose in writing to each of the persons specified in sub-paragraphs (a) to (c) of regulation 18(3), in such form as the coordinator or schedules facilitator considers appropriate, any relationship or interest disclosed to that coordinator or schedules facilitator pursuant to sub-paragraph (i); and

(b) whose identity, qualifications and terms of appointment by the coordinator or schedules facilitator have been approved in writing by the Secretary of State.

(2) Any approval given by the Secretary of State pursuant to paragraph (1)(b) may relate to an appointment for the purpose of a particular review or a standing appointment of—

(a) a single independent reviewer; or

(b) a panel comprising two or more independent reviewers, any one of whom may be selected for the purpose of a particular review.

(3) If it appears to the Secretary of State that any independent reviewer appointed for the purpose of a particular review is not independent and impartial having regard to the circumstances of the review in question, the Secretary of State may by notice in writing to the coordinator or schedules facilitator require that, for the purpose of that review, the independent reviewer—

(a) ceases to act as such; and

(b) is replaced by another independent reviewer.

(4) Subject to paragraph (5), the fees and expenses of an independent reviewer shall be borne by the coordinator or schedules facilitator but otherwise an independent reviewer shall not have any relationship with or interest in any coordinator or schedules facilitator.

(5) The costs of any review (including any legal costs) incurred by the person who has required the review and by the coordinator or schedules facilitator (including the fees and expenses of the independent reviewer) shall be—

(a) borne, as between the coordinator or schedules facilitator and the person who has required the review, in such manner as the independent reviewer may determine to be fair, having regard to all of the circumstances; and

(b) to the extent that the independent reviewer determines that such costs incurred by the coordinator or schedules facilitator shall be borne by the person who has required the review, reimbursed by that person to the coordinator or schedules facilitator; or

(c) to the extent that the independent reviewer determines that such costs incurred by the person who has required the review shall be borne by the coordinator or schedules facilitator, reimbursed by the coordinator or schedules facilitator to that person.

(6) Notwithstanding any of the terms of appointment of an independent reviewer, the appointment of an independent reviewer shall not be terminated without the prior written approval of the Secretary of State except in consequence of—

(a) death;

(b) resignation; or

(c) expiry of the period of the appointment.