(1)Where—
(a)a registered social landlord does not, within a reasonable period, comply with a request made by a local authority under section 5,
(b)the local authority considers, having regard to any guidance issued under subsection (7) of that section, that the landlord had no good reason for not complying with the request, and
(c)the local authority and the landlord are unable, within such period as the Scottish Ministers may specify by order, to reach agreement as to whether there is such a good reason,
the local authority and the landlord must appoint an arbiter to determine the issue.
(2)In determining for the purposes of subsection (1)(a) what is a reasonable period, regard must be had to any guidance issued under section 5(7).
(3)If there is no agreement as to who is to be appointed as arbiter, the Scottish Ministers must, on the request of the local authority, appoint an arbiter.
(4)The cost of any arbitration under this section is to be shared equally between the local authority and the landlord unless the arbiter determines otherwise.
(5)The Scottish Ministers may issue guidance as to—
(a)the period within which an arbiter is to be appointed under subsection (1),
(b)the procedure for appointing an arbiter under that subsection,
(c)the remuneration and other expenses which may be paid to an arbiter appointed under subsection (1) or (3), and any other expenses which may be paid in respect of arbitration,
(d)the procedure to be followed at arbitration,
(e)the maximum length of time of the arbitration procedure.
(6)Any determination of an arbiter by virtue of this section is final.
Commencement Information
I1Ss. 5-7 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)