(1) An adjudicator is
entitled to be paid for adjudicating an adjudication application—
(a) such
amount, by way of fees and expenses, as is agreed between the adjudicator and
the parties to the adjudication, or
(b) if
no such amount is agreed—the hourly rate (if any) prescribed by
regulation in addition to reasonable expenses; or
(c) if
no such amount is agreed and no hourly rate has been prescribed—such
amount, by way of fees and expenses, as is reasonable having regard to the
work done and expenses incurred by the adjudicator.
(2) The claimant and
respondent are jointly and severally liable to pay the adjudicator’s
fees and expenses.
(3) The claimant and
respondent are each liable to contribute to the payment of the
adjudicator’s fees and expenses in equal proportions or in such
proportions as the adjudicator may determine.
(4) An adjudicator is
not entitled to be paid fees or expenses in connection with the adjudication
of an adjudication application if he or she fails to make a decision on the
application (otherwise than because the application is withdrawn or the
dispute between the claimant and respondent is resolved) within the time
allowed by section 21(3).
(5)
Subsection (4) does not apply—
(a) in
circumstances in which an adjudicator refuses to communicate his or her
decision on an adjudication application until his or her fees and expenses are
paid; or
(b) in
such other circumstances as may be prescribed for the purposes of this
section.