The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010

5.  In regulation 17 (arbitration)—

(a) at the beginning of paragraph (2) insert “Subject to paragraph (2A),”;

(b) after paragraph (2) insert—

“(2A) In default of agreement between the applicant and the responsible person, the arbitrator is such person as may be appointed by the President or Vice-President of the Chartered Institute of Arbitrators following a request made by—

(a) one party, after giving written notice to the other party, or

(b) the parties jointly,

but this paragraph does not apply in Scotland.”; and

(c) for paragraph (7)(b) substitute—

“(b) “qualified person” means—

(i) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis(1),

(ii) a person who is an advocate or solicitor in Scotland of at least 7 years’ standing, or

(iii) a person who is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing,”.

(1)

The meaning of “a person who satisfies the judicial-appointment eligibility condition on an N-year basis” (where N is the number stated in the provision) is defined in section 50 of the Tribunals, Courts and Enforcement Act 2007 (c.15).