(1)The commissioner may recommend an application be the subject of specialist adjudication if—
(a)the parties to the application agree on a person who is to be the adjudicator for the application; and
(b)the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and
(c)the parties and the adjudicator agree on the amount to be paid for the adjudication; and
(d)for the amount agreed to be paid for the adjudication—the parties either—
(i)agree on how, and by whom, the amount is to be paid; or
(ii)agree the amount is to be paid in the way decided by the adjudicator; and
(e)the adjudicator gives the parties written confirmation of the agreement mentioned in paragraph (c).
(2)Subsection (1)(a) does not require the agreement of a party who is a joined respondent.
(3)In this section—
joined respondent means a person who is joined as a respondent to the application under section 47B(5)(a), 48(3)(a) or 388(3)(a).