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The Scheme for Construction Contracts (England and Wales) Regulations 1998

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Scheme for Construction Contracts (England and Wales) Regulations 1998 No. 649

Powers of the adjudicator

13.  The adjudicator may take the initiative in ascertaining the facts and the law necessary to determine the dispute, and shall decide on the procedure to be followed in the adjudication. In particular he may—

(a)request any party to the contract to supply him with such documents as he may reasonably require including, if he so directs, any written statement from any party to the contract supporting or supplementing the referral notice and any other documents given under paragraph 7(2),

(b)decide the language or languages to be used in the adjudication and whether a translation of any document is to be provided and if so by whom,

(c)meet and question any of the parties to the contract and their representatives,

(d)subject to obtaining any necessary consent from a third party or parties, make such site visits and inspections as he considers appropriate, whether accompanied by the parties or not,

(e)subject to obtaining any necessary consent from a third party or parties, carry out any tests or experiments,

(f)obtain and consider such representations and submission: as he requires, and, provided he has notified the parties of his intention, appoint experts, assessors or legal advisers,

(g)give directions as to the timetable for the adjudication, any deadlines, or limits as to the length of written documents or oral representations to be complied with, and

(h)issue other directions relating to the conduct of the adjudication.

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