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| Staff. |
201. - (1) The PPP arbiter may appoint such staff as he may determine, subject to any restrictions contained in the terms of his appointment.
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(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.
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(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.
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| Directions of the PPP arbiter. |
202. - (1) A PPP agreement may provide for matters of any description specified in the agreement to be referred to the PPP arbiter.
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(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.
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(3) Where a matter is referred under this section to the PPP arbiter for direction he-
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(a) shall give a direction in relation to that matter; and |
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(b) may give a direction in relation to any other matter which he considers relevant to the matter referred. |
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(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.
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(5) The PPP arbiter shall give notice of any direction under subsection (3) above to the parties to the PPP agreement in question.
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(6) A direction under subsection (3) above shall be final and binding-
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(a) on the parties to the PPP agreement in question, and |
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(b) on any persons claiming through or under those parties, |
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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.
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(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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| Guidance by the PPP arbiter. |
203. - (1) The parties to a PPP agreement may jointly agree to refer any matter relating to the agreement to the PPP arbiter for consideration.
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(2) Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and shall give to the parties who referred the matter such guidance as he considers appropriate.
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(3) The guidance which may be given by the PPP arbiter by virtue of subsection (2) above includes guidance about any matter which he considers relevant to the PPP agreement in question.
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(4) Where the PPP arbiter has given any guidance under this section in relation to a matter which is subsequently referred to him for direction under subsection (3) of section 202 above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.
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| Duty of the PPP arbiter. |
204. - (1) In giving in relation to a PPP agreement-
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(a) any direction under section 202(3) above, or |
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(b) any guidance under section 203(2) above, |
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the PPP arbiter shall act in the way he considers best calculated to achieve the objectives specified in subsections (2) to (5) below.
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(2) The objective specified in this subsection is to ensure the performance of the PPP agreement in question so as to secure that the railway infrastructure to which the agreement relates-
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(a) is provided, constructed, renewed or improved, as the case may be, and |
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having regard to the resources available to any relevant body which is a party to the agreement.
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(3) The objective specified in this subsection is to promote efficiency and economy-
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(a) in the provision, construction, renewal, or improvement, as the case may be, and |
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of the railway infrastructure to which the PPP agreement in question relates.
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(4) The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question, and which the PPP arbiter considers to be efficient and economic in performing the agreement, to earn the rate of return incorporated in the agreement.
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(5) The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question to plan the future performance of the agreement with reasonable certainty.
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(6) In giving any such direction or guidance as is mentioned in subsection (1) above the PPP arbiter is to take account of any factors which-
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(a) are notified to him by the parties to the PPP agreement in question, acting jointly, as factors to which he must have regard when giving the direction or guidance in question, or |
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(b) are factors specified or described in the PPP agreement in question as factors to which the PPP arbiter must have regard in giving any direction under section 202(3) above or any guidance under section 203(2) above. |
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(7) For the purposes of subsection (4) above, a rate of return is "incorporated in a PPP agreement" if, and only if, the agreement-
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(a) makes provision for the rate of return to be earned under the agreement by the PPP company concerned, and |
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(b) states that subsection (4) above is to have effect in relation to that provision. |
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(8) In this section "railway infrastructure" means the railway or proposed railway in question and includes a reference to any stations, rolling stock or depots used or to be used in connection with that railway.
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| Further powers. |
205. - (1) For the purposes of the proper discharge of the functions conferred or imposed on him by or under this Act, the PPP arbiter may-
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(a) carry out inspections of such of the railway infrastructure or equipment belonging to, or under the control of, any party to a PPP agreement as he considers appropriate; |
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(b) consult such bodies or persons as he considers appropriate in relation to any direction or guidance given or proposed to be given by him; |
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(c) do all such things as he considers appropriate for or in connection with the giving of a direction under section 202(3) above or guidance under section 203(2) above; and |
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(d) do such other things as he considers necessary or expedient. |
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(2) The powers conferred on the PPP arbiter by this section and section 206 below are exercisable for purposes preparatory or ancillary to the giving of directions or guidance under this Chapter generally and notwithstanding that there is no matter in relation to which a direction under section 202(3) above, or guidance under section 203(2) above, is required.
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(3) In this section "railway infrastructure" has the same meaning as in section 204 above.
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