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,”.
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).