Transitional provisions and savings in connection with the revocation of the 2007 General Regulations: arbitrationE+W
37.—(1) Where—
(a)an issue is referred to arbitration under paragraph (1) of regulation 18 of the 2007 General Regulations before the commencement date, and
(b)that arbitration is not completed before that date,
the arbitration may be continued on and after that date as if regulation 18 of the 2007 General Regulations continued to have effect.
(2) Where—
(a)the Secretary of State gives any relevant joint committee a direction under regulation 18(2) of the 2007 General Regulations before the commencement date, but
(b)the relevant issue has not been referred to arbitration in accordance with regulation 18(1) of those Regulations before that date,
the relevant direction is to be treated as if it had been given to the relevant committee under regulation 17(2) of these Regulations.
(3) For the purposes of paragraph (2) “the relevant committee” means the joint committee constituted, or treated as constituted, under regulation 18 or 19 of these Regulations of which the enforcement authorities in default for the purposes of regulation 18 of the 2007 General Regulations are members.
(4) Paragraph (5) applies where, on or after the commencement date, any of the relevant enforcement authorities (the “defaulting authorities”) fail to agree the proportions in which any transitional expenses are to be defrayed.
(5) Where this paragraph applies—
(a)the authorities concerned must refer the issue to an arbitrator in accordance with regulation 17(1), and
(b)the Secretary of State may give the relevant committee such directions as the Secretary of State considers necessary to secure that the issue is so referred.
(6) For the purposes of paragraph (5)—
“relevant committee” means the joint committee constituted, or treated as constituted, under regulation 18 or 19 of these Regulations of which the defaulting authorities are members;
“transitional expenses” means expenses under section 81 of the TMA 2004 which—
were incurred before the commencement date, or
are incurred on or after that date in respect of, or in connection with, any existing contravention.