SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

Expert Determination

schedule 15 paragraph 74 + 74.—(1) Save as set out in sub-paragraph (6), article 52 (arbitration) of the Order does not apply to this Part of this Schedule.

(2) Any difference under this Part of this Schedule may 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 by the President of the Institution of Civil Engineers.

(3) On notification by either party of a dispute, the parties must jointly instruct an expert within 14 days of notification of the dispute.

(4) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date that an expert is appointed.

(5) The expert must—

schedule 15 paragraph 74 5 a + (a)invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;

schedule 15 paragraph 74 5 b + (b)permit a party to comment on the submissions made by the other party within 21 days of receipt of the submission;

schedule 15 paragraph 74 5 c + (c)issue a decision within 42 days of receipt of the submissions under sub-paragraph (b); and

schedule 15 paragraph 74 5 d + (d)give reasons for the decision.

(6) 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 52.

(7) 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.