Greater London Authority Bill - continued        House of Lords
PART IV, TRANSPORT - continued

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The PPP arbiter
The PPP arbiter.     181. - (1) The Secretary of State may appoint a person to an office to be known as "the Public-Private Partnership Agreement Arbiter" (in this Act referred to as the "PPP arbiter").
 
      (2) The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.
 
      (3) The PPP arbiter shall be a corporation sole by the name of "the Public-Private Partnership Agreement Arbiter".
 
      (4) If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.
 
      (5) A request under subsection (4) above must not include a request for a particular person to be appointed.
 
      (6) Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning-
 
 
    (a) the person to be appointed; and
 
    (b) the terms of the appointment.
      (7) The office of PPP arbiter may not be held by-
 
 
    (a) the Mayor;
 
    (b) an Assembly member;
 
    (c) the Authority or a member of staff of the Authority;
 
    (d) Transport for London or a subsidiary of Transport for London; or
 
    (e) a member of Transport for London or a director of a subsidiary of Transport for London.
      (8) The offices of Rail Regulator and PPP arbiter may be held by the same person.
 
Terms of appointment.     182. - (1) A person appointed to be the PPP arbiter shall be appointed for such term as may be specified or described in the instrument appointing him and shall hold and vacate office as the PPP arbiter in accordance with the terms of his appointment.
 
      (2) There shall be paid to the PPP arbiter such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
 
      (3) There shall be paid such pension, allowance or gratuity to or in respect of the PPP arbiter, or such contributions or payments towards provision for such a pension, allowance or gratuity, as the Secretary of State may determine.
 
      (4) A person may resign from office as the PPP arbiter at any time by giving notice to the Secretary of State.
 
      (5) The Secretary of State may remove a person from office as the PPP arbiter-
 
 
    (a) on the ground of incapacity or misbehaviour; or
 
    (b) where the Secretary of State considers that there has been unreasonable delay in the discharge of the functions of the PPP arbiter.
Staff.     183. - (1) The PPP arbiter may appoint such staff as he may determine, subject to any restrictions contained in the terms of his appointment.
 
      (2) The staff of the PPP arbiter shall be appointed on such terms and conditions as he shall determine, subject to any restrictions contained in the terms of his appointment.
 
      (3) Any function of the PPP arbiter may be exercised by any member of his staff authorised for the purpose by him or, if there is no person who holds the office of PPP arbiter, by the relevant authority, whether specially or generally.
 
Directions of the PPP arbiter.     184. - (1) A PPP agreement may provide for matters of any description specified in the agreement to be referred to the PPP arbiter.
 
      (2) A party to a PPP agreement may refer to the PPP arbiter for direction any matter of a description specified in a provision of that agreement by virtue of subsection (1) above.
 
      (3) Where a matter is referred under this section to the PPP arbiter for direction he-
 
 
    (a) shall give a direction in relation to that matter; and
 
    (b) may give a direction in relation to any other matter which he considers relevant to the matter referred.
      (4) The directions that may be given under subsection (3) above include directions relating to the inclusion of new terms in, or the variation of existing terms of, the PPP agreement in question.
 
      (5) The PPP arbiter shall give notice of any direction under subsection (3) above to the parties to the PPP agreement in question.
 
      (6) A direction under subsection (3) above shall be final and binding-
 
 
    (a) on the parties to the PPP agreement in question, and
 
    (b) on any persons claiming through or under those parties,
  and shall, if and to the extent that the notice given under subsection (5) above so provides, take effect as a term of the PPP agreement.
 
      (7) Where a direction has been given under subsection (3) above, the parties to the PPP agreement in question may jointly agree that subsection (6) above is not to have effect in relation to that direction.
 
 
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