33.—(1) Any dispute arising out of or in connection with the default contract, except matters dealt with under the complaints procedure contained in that contract, may be referred for consideration and determination to the Department, if –
(a)the Board so wishes and the contractor has agreed in writing; or
(b)the contractor so wishes (even if the Board does not agree).
(2) In the case of a dispute referred to the Department under sub-paragraph (1), the procedure to be followed is that specified in paragraphs 93(3) to (14) and 94 of Schedule 5 to the 2004 Regulations, subject to the modification that the references in paragraph 94(2) and (3) to paragraph 92(1) shall be read as references to paragraph (1) of this Article.
Commencement Information
I1Art. 33 in operation at 29.3.2004, see art. 1(1)