Lead member
Lord Birt
Crossbench, Life peer
Lords
Decision
Not moved
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Amendment text
After Clause 60
insert the following new Clause—
“Determination process
(1)
Where no agreement is reached during the resolution period, the arbitrator must commence determination proceedings by—
(a)
notifying all parties within seven days that determination will proceed;
(b)
establishing a 60-day determination period;
(c)
requiring final submissions from all parties within 21 days including detailed financial proposals, supporting evidence and analysis for their respective positions, implementation plans and an assessment of the impact of that party’s proposal.
(2)
During the determination period, the arbitrator must—
(a)
evaluate all submissions against the principles in section (Principles of determination);
(b)
consider—
(i)
the evidence presented by the parties;
(ii)
any expert analysis;
(iii)
any systemic implications;
(iv)
the practicality of implementing the parties’ proposals;
(c)
maintain detailed records of all evaluation processes;
(d)
protect commercially sensitive information.
(3)
The Arbitrator must within the determination period—
(a)
reach a determination that—
(i)
meets all principles in section (Principles of determination);
(ii)
is practically implementable;
(iii)
includes clear transitional provisions;
(b)
prepare a detailed determination report including—
(i)
analysis of all submissions;
(ii)
reasoning for decisions made;
(iii)
assessment against principles;
(iv)
implementation requirements;
(c)
notify all parties of the determination.”