SCHEDULE 12 Protective provisions

PART 6 Protection of owners and operators at Wilton

24 Expert
(1) Except as provided in sub-paragraph (7), article 44 (arbitration) does not apply to this Part.
(2) Any difference under this Part must be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified on the application of either party, with notice to the other, by the local authority.
(3) All parties involved in settling any difference must use best endeavours to do so within 60 days from the date of an expert first being proposed.
(4) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.
(5) The expert must—
(a) invite the parties to make submission to the expert in writing within a specified period;
(b) permit a party to comment on the submissions made by the other party; and
(c) give reasons for his or her decision.
(6) The expert must consider where relevant—
(a) the development outcome sought by the undertaker;
(b) the ability of the undertaker to achieve its outcome in a timely and cost-effective manner;
(c) the nature of the power sought to be exercised by the undertaker;
(d) the nature of any operation or development undertaken or proposed to be undertaken by any party other than the undertaker;
(e) the ability of any party other than the undertaker to undertake a relevant operation or development in a timely and cost-effective manner;
(f) the effects of the undertaker’s proposals on any party other than the undertaker and the effects of any operation or development undertaken by any party other than the undertaker;
(g) whether this Order provides any alternative powers by which the undertaker could reasonably achieve the development outcome sought in a manner that would reduce or eliminate adverse effects on any party other than the undertaker;
(h) the effectiveness, cost and reasonableness of proposals for mitigation arising from any party; and
(i) any other important and relevant consideration.
(7) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 44.