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| | (a) | the key issues and options for the regional strategy, and |
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| | (b) | the draft regional strategy. |
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| | (5) | The responsible regional authorities shall establish and support a stakeholder |
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| | body which shall include social, environmental and economic partners, and |
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| | whose purpose shall be to provide advice on— |
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| | (a) | the revision of the regional strategy, including its project management |
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| | and the vision of the strategy; |
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| | (b) | the statement of community involvement prepared under subsection (1); |
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| | (c) | arrangements for, and the report of the findings of, the appraisal of |
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| | sustainability prepared under section 74(2); |
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| | (d) | the plan for implementing the regional strategy prepared under section |
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| | (e) | the report prepared under section 78(2).’. |
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| Page 56, line 14 [Clause 78], at end insert— |
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| | ‘(d) | must use a full range of social, environmental and economic indicators.’. |
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| Page 60, line 19 [Clause 88], after ‘authority’, insert ‘except where those functions |
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| relate to land use planning’. |
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| Page 60, line 34 [Clause 88], after ‘the’, insert ‘sustainable’. |
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| Page 82, line 3 [Clause 137], after ‘applies’ insert ‘in relation’. |
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| Page 82, line 7 [Clause 137], leave out from beginning to end of line 13 and |
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| | ‘(2) | The contractual provision referred to in subsection (1) is ineffective unless— |
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| | (a) | it is made in writing, is contained in the construction contract and confers |
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| | power on the adjudicator to allocate his fees and expenses as between the |
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| | (b) | it is made in writing after the giving of notice of intention to refer the |
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| | dispute to adjudication.”’. |
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| Page 82, line 13 [Clause 137], at end insert— |
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| | ‘( ) | In the absence of an agreement under subsection (1) the adjudicator shall be |
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| | entitled to the payment of such reasonable amount as he may determine by way |
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| | of fees and expenses reasonably incurred by him. |
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| | ( ) | The parties shall be jointly and severally liable for any sum which remains |
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| | outstanding following the making of any determination on how the payment shall |
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| Page 82, line 24 [Clause 138], at end insert— |
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| | ‘(c) | the issue of any notice, certificate, the making of any decision or on the |
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| | occurrence of any event under another contract.’. |
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| Page 82, line 25 [Clause 138], leave out ‘do not’. |
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| Page 82, line 26 [Clause 138], leave out ‘(but see section 113)’. |
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| Page 83 [Clause 139], leave out line 8 to 10. |
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| Page 83 [Clause 139], leave out lines 14 to 30 and insert— |
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| | ‘(2) | A notice complies with this subsection if it specifies— |
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| | (a) | the sum that the payee considers to be or to have been due at the payment |
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| | due date in respect of the payment, and |
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| | (b) | the basis on which that sum is calculated.’. |
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| Page 83 [Clause 139], leave out from line 41 to line 23 on page 84. |
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| Page 84, line 31 [Clause 140], leave out from beginning to line 46 on page 85 and |
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| | ‘(2) | For the purposes of this section , the “notified sum” in relation to any payment |
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| | provided for by a construction contract means the amount specified in the notice |
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| | complying with section 110A(2). |
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| | (3) | Not later than 14 days after the payment due date the payer or a specified person |
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| | may in accordance with this section give to the payee a notice of the payer’s |
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| | intention to pay less than notified sum. |
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| | (4) | A notice under subsection (3) must specify— |
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| | (a) | the sum that the payer considers to be due on the date the notice is served, |
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| | (b) | the basis on which that sum is calculated, and |
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| | (c) | the precise reasons that justify the difference between the notified sum |
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| | referred to in subsection (1) and the sum in a notice issued under |
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| | (5) | A notice under subsection (3) may not be given before the notice by reference to |
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| | which the notified sum is determined. |
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| | (6) | Where a notice is given under subsection (3), subsection (1) applies only in |
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| | respect of the sum specified pursuant to subsection (4)(a). |
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| | (7) | Subsection (8) applies where in respect of a payment a notice under subsection |
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| | (3) is given in accordance with this section, but on the matter being referred to |
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| | adjudication the adjudicator decides that more than the sum specified in the notice |
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| | (8) | In a case where this subsection applies, the decision of the adjudicator referred to |
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| | in subsection (7) shall be construed as requiring payment of the additional amount |
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| | (a) | seven days from the date of the decision, or |
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| | (b) | the date which, apart from the notice, would have been the final date for |
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| | (9) | Any contractural provision between the parties to a construction contract which |
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| | seeks to exclude or oust the provisions of this section is ineffective. It is |
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| | inmaterial whether or not the contractural provision is contained in the |
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| Page 85 [Clause 140], leave out lines 39 and 40. |
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| Page 87, line 17 [Clause 144], leave out ‘Chapter 2 comes’ and insert ‘Sections |
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| [Mutual insurance] and [Mutual insurance: supplementary] and Chapter 2 come’. |
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| Page 137, line 40 [Schedule 7], second column, at beginning insert— |
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| | ‘Section 106(1)(b) and the preceding “or”.’. |
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| Title, line 5, after ‘authorities’ insert ‘, their powers relating to insurance’. |
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| | Bill read the third time on division and passed with amendments. |
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