(1)  A party to an adjudication application may, before the adjudicator in relation to the application has determined the application, by notice in writing to the adjudicator, request the adjudicator to take the actions specified in section 35(2) , because, in the party's opinion, the adjudicator is disqualified from adjudicating the application.

(2)  A party to an adjudication application who makes a request to an adjudicator under subsection (1) must provide to the adjudicator particulars as to the grounds on which the party is of the opinion that the adjudicator is disqualified from adjudicating the application.

(3)  Within 7 days after receiving a notice under subsection (1) , an adjudicator in relation to an adjudication application must –

(a) take the actions specified in section 35(2) ; or

(b) refuse to take the actions specified in section 35(2) .

(4)  If, within 7 days after receiving a notice under subsection (1) , an adjudicator fails to take the actions specified in section 35(2) , a party to the adjudication application may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision of the adjudicator not to take those actions.

(5)  If an application is made under subsection (4) in respect of an adjudicator, a party to the adjudication application is not required to take any action in respect of a determination of the adjudicator under section 25 in relation to the adjudication application –

(a) until after the review is determined; and

(b) unless the decision of the adjudicator is upheld on the review.

(6)  A review of a decision by an adjudicator that is conducted by the Magistrates Court (Administrative Appeals Division) may only relate to the grounds provided to the adjudicator under subsection (2) .