The Independent System Operator and Planner Transfer Scheme Compensation Regulations 2024
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Change 1
6 Absence of agreement regarding valuer
(1) There is an absence of agreement regarding appointment of a valuer for the purpose of paragraph 8(3)(b) of Schedule 9 when the conditions in paragraphs (2) and (3) are satisfied. (2) The condition is that— (a) the Secretary of State has proposed at least one valuer to the transferor and proposed arrangements to discuss the appointment of a valuer with the transferor; (b) the Secretary of State has considered any valuers proposed by the transferor, where the transferor has made such proposal within the period of 5 working days beginning on the day after that on which the Secretary of State proposes a valuer under sub-paragraph (a); (c) the Secretary of State has offered to jointly apply with the transferor to a senior officer of such an independent expert or professional body agreed by the valuation parties, or as determined by the Secretary of State if not agreed within the period of 5 working days beginning on the day after that on which the Secretary of State makes such offer; and (d) where the transferor agrees to apply under sub-paragraph (c), an officer of a body to whom application is made pursuant to sub-paragraph (c) has not appointed a valuer on behalf of the valuation parties within the period of 15 working days beginning on the working day after the day on which such application is made. (3) The condition is that a valuer has not been appointed within a period of 5 working days beginning on the day after that on which the condition in paragraph (2) is satisfied. (4) The conditions in paragraphs (2) and (3) may be satisfied before there is absence of agreement regarding compensation under regulation 3.
6 Absence of agreement regarding valuer
(1) There is an absence of agreement regarding appointment of a valuer for the purpose of paragraph 8(3)(b) of Schedule 9 when the conditions in paragraphs (2) and (3) are satisfied. (2) The condition is that— (a) the Secretary of State has proposed at least one valuer to the transferor and proposed arrangements to discuss the appointment of a valuer with the transferor; (b) the Secretary of State has considered any valuers proposed by the transferor, where the transferor has made such proposal within the period of 5 working days beginning on the day after that on which the Secretary of State proposes a valuer under sub-paragraph (a); (c) the Secretary of State has offered to jointly apply with the transferor to a senior officer of such an independent expert or professional body agreed by the valuation parties, or as determined by the Secretary of State if not agreed within the period of 5 working days beginning on the day after that on which the Secretary of State makes such offer; and (d) where the transferor agrees to apply under sub-paragraph (c), an officer of a body to whom application is made pursuant to sub-paragraph (c) has not appointed a valuer on behalf of the valuation parties within the period of 15 working days beginning on the working day after the day on which such application is made. (3) The condition is that a valuer has not been appointed within a period of 5 working days beginning on the day after that on which the condition in paragraph (2) is satisfied. (4) The conditions in paragraphs (2) and (3) may be satisfied before there is absence of agreement regarding compensation under regulation 3.
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