5. The principal Regulations are amended by inserting, immediately after regulation 12, the following regulations:“Deposit for adjudicator’s fees for adjudication proceedings |
13.—(1) An authorised nominating body may require the claimant to pay an initial deposit in respect of the fees payable to the adjudicator for the adjudication proceedings, and such initial deposit shall be paid at the time of lodgment of the adjudication application.(2) Where the adjudicator requests a longer period for making a determination on an application and both the claimant and the respondent agree to that longer period under section 17(1)(b) of the Act, the adjudicator shall immediately inform the authorised nominating body —(a) | of such part, if any, of the claimant’s initial deposit that is in excess of his accrued fees for the adjudication; and | (b) | to what extent an additional deposit (if any) by the claimant is required in respect of the adjudicator’s fees for the additional days to be taken for the adjudication during the longer period, |
and the authorised nominating body may require the claimant to pay the additional deposit (if any) within 3 days after being required to do so. |
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(3) The initial deposit referred to in paragraph (1) shall not exceed —(a) | $2,400 where the claimed amount does not exceed $24,000; or | (b) | where the claimed amount exceeds $24,000, 10% of the claimed amount or $33,600, whichever is the lower. |
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(4) The initial deposit and the additional deposit referred to in paragraphs (1) and (2) respectively shall not exceed in the aggregate —(a) | $2,400 where the claimed amount does not exceed $24,000; or | (b) | where the claimed amount exceeds $24,000, 10% of the claimed amount. |
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(5) In the event the additional deposit is not fully paid within the time limit referred to in paragraph (2), the claimant is deemed to have withdrawn his agreement to the longer period for making a determination and the adjudicator shall determine the application forthwith. |
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Deposit for review adjudicator’s fees for adjudication review proceedings |
14.—(1) An authorised nominating body may require the respondent to pay an initial deposit in respect of the fees payable to the review adjudicator or panel of review adjudicators, as the case may be, for the adjudication review proceedings, and such initial deposit shall be paid at the time of lodgment of the adjudication review application.(2) Where the review adjudicator or panel of review adjudicators, as the case may be, requests a longer period for making a determination on an application and both the claimant and the respondent agree to that longer period under section 19(3) of the Act, the review adjudicator or panel of review adjudicators, as the case may be, shall immediately inform the authorised nominating body —(a) | of such part, if any, of the respondent’s initial deposit that is in excess of the accrued fees for the adjudication review; and | (b) | to what extent an additional deposit (if any) by the respondent is required in respect of the fees of the review adjudicator or panel of review adjudicators, as the case may be, for the additional days to be taken for the adjudication review during the longer period, |
and the authorised nominating body may require the respondent to pay the additional deposit (if any) within 3 days after being required to do so. |
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(3) The initial deposit referred to in paragraph (1) shall not exceed —(a) | $2,400 where the claimed amount does not exceed $24,000; or | (b) | where the claimed amount exceeds $24,000, 10% of the claimed amount or $33,600, whichever is the lower. |
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(4) The initial deposit and additional deposit referred to in paragraphs (1) and (2) respectively shall not exceed in the aggregate —(a) | $2,400 where the claimed amount does not exceed $24,000; or | (b) | where the claimed amount exceeds $24,000, 10% of the claimed amount. |
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(5) In the event the additional deposit is not fully paid within the time limit referred to in paragraph (2), the respondent is deemed to have withdrawn his agreement to the longer period for making a determination, and the review adjudicator or panel of review adjudicators, as the case may be, shall determine the application forthwith.”. |
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