3.1 Who may act as an adjudicator

3.1.1 Individuals and the role of an adjudicator

3.1 Part II of the Housing Grants, Construction and Regeneration Act 1996 Act does not restrict the performance of the functions of an adjudicator to a particular class of person.1 Nevertheless, the role of an adjudicator is one which can only be performed by an individual. It is not possible for ‘X and Co’ or ‘Y Ltd’ to act as an adjudicator. It is a contract for the provision of personal professional services and must be undertaken by a person. The work to be done by that individual cannot be performed by someone else.2 Where the work was done by one person who happens (like many others) to practice in a partnership or limited company which administers his or her fees and recovers them for him or her, there is nothing in the Statutory Scheme that requires the adjudicator to sue for his or her fees in any personal/natural capacity.3 Any person requested or selected to act as an adjudicator in accordance with that scheme must be a natural person acting in his or her personal capacity.4 He or she must also not be an employee of any of the parties to the dispute.5 An individual adjudicator who carries on business through a firm or company may seek payment through that entity.6