The Ports Act 1991 (Levy on Disposals of Land, etc.) Order 1992

Referee

38.—(1) Where there is a dispute between a chargeable company and the appropriate Minister and this article applies for the purpose of its resolution, then if—

(a) either party gives written notice to the other for the purposes of this sub-paragraph; and

(b) within 30 days of the date of that notice the parties have not resolved the dispute;

either party, by written notice to the other, may require that the dispute be referred to a person to be appointed as provided in paragraph (2) below.

(2) A referee shall be an independent person with substantial recent relevant experience of the type of matter in dispute, appointed—

(a) by agreement between the parties; or

(b) if the parties have not agreed upon such a person within 15 days of the giving of notice under paragraph (1) above or within such extended period as the parties may agree—

(i) in the case of a dispute as to the valuation of land or of an interest in land or as to the apportionment of any sum attributable by way of valuation to any land or interest in land, by the President for the time being of the Royal Institution of Chartered Surveyors, or if such land or interest in land is situate in Scotland to the Chairman of the Scottish Branch of the Royal Institution of Chartered Surveyors, on the application of either party; or

(ii) in the case of a dispute on any other matter, by the President of the Law Society or, if the chargeable company is registered in Scotland, by the President of the Law Society of Scotland, on the application of either party;

(3) If there is a dispute as to the classification of a dispute for the purpose of sub-paragraph (b) of paragraph (2) above, that dispute as to the classification may be referred, on the application of either party, to the President of the Law Society or, if the chargeable company is registered in Scotland, to the President of the Law Society of Scotland and shall be determined by a person appointed by him, whose determination shall be binding on the parties.

(4) Where a referee is appointed pursuant to this article, he shall act as an expert, not as an arbitrator or arbiter.

(5) Within such periods as the referee may decide—

(a) each party may make representations to him on the matters in dispute and shall give to the other party a copy of any representations so made;

(b) may make to the referee representations on any representations made by the other party and shall give to the other party a copy of such representations.

(6) The referee may and, if so requested by either of the parties, shall hold a hearing as to the dispute; and in any such case—

(a) the referee shall give notice to the parties of the day for the hearing (which may be adjourned from time to time, as the referee may decide);

(b) the referee shall permit any barrister or solicitor to appear before him on behalf of either party to the dispute;

(c) either party shall be entitled to adduce any lawful evidence,

but subject to the foregoing provisions of this paragraph the procedure at a hearing shall be determined by the referee.

(7) The referee shall notify his determination by notice in writing to both parties.

(8) The reasonable remuneration and expenses of the referee shall be payable by such one of the parties to the dispute, or by each of them in such proportions, as he may determine.