229Final awards

229 Final awards

229 Final awards

(1) The arbitrator in a valuation arbitration must provide the parties with a final award within 5 working days (or such further period as the Secretary may allow) after the expiry of the submission period for the draft award referred to in clause 228.

(2) In making a final award in a valuation arbitration, the arbitrator—

(a) must take into account any written submissions made by the parties under clause 228 within the submission period, and

(b) must not take into account any written submissions made by the parties after the expiry of the submission period.

(3) The arbitrator must provide the Secretary with a copy of the final award as soon as is reasonably practicable after making the award.

(4) Without limiting clause 39(6) of Schedule 3 to the Act, and subject to any review under section 38 of the Arbitration Act, the Secretary should endeavour to make a decision as to whether or not to require the proposed new service provider to acquire any bus service assets that have been the subject of a final award in a valuation arbitration at the determined valuation within 7 working days after receiving a copy of the final award.

(5) This clause prevails over the provisions of the Arbitration Act concerning the making of awards to the extent of any inconsistency.