§ 16 — Interpretation of this Division and application

16.—(1) In this Division —“adjudication communication”, in relation to an adjudication, means —(a)

anything said or done;

(b)

any document prepared; or

(c)

any information provided,

for the purposes of or in the course of an adjudication, including a settlement agreement entered into in the course of the adjudication;

“mediation communication”, in relation to a mediation, means —(a)

anything said or done;

(b)

any document prepared; or

(c)

any information provided,

for the purposes of or in the course of a mediation, including a settlement agreement resulting from the mediation;

“third party” —(a)

in relation to a mediation, means any person who —(i)

is not a party to the mediation;

(ii)

is not a mediator for the mediation; and

(iii)

is not the authorised dispute resolution body that appointed any mediator for the mediation; and

(b)

in relation to an adjudication, means any person who —(i)

is not a party to the adjudication;

(ii)

is not an adjudicator for the adjudication; and

(iii)

is not the authorised dispute resolution body that appointed any adjudicator for the adjudication.

(2) Nothing in this Division prevents an authorised dispute resolution body from providing the Committee or a public authority with the following information:(a)

the number of complaints of non-compliance received by the authorised dispute resolution body in any given period;

(b)

the number or percentage of those complaints lodged by landlords, and by tenants;

(c)

the number or percentage of those complaints resolved through mediation;

(d)

the number or percentage of those complaints that proceeded to adjudication;

(e)

the number or percentage of those complaints for which a determination was issued by an adjudicator;

(f)

without affecting paragraph (g), the nature of the disputes raised in those complaints, provided in a way that will not identify any party;

(g)

where, in relation to a complaint of non‑compliance, an adjudication determination has been made under section 25(4) that any leasing principle has not been complied with, the fact that the determination has been made, the names of the parties and the nature of the non‑compliance.

—(1) In this Division —“adjudication communication”, in relation to an adjudication, means —(a)

anything said or done;

(b)

any document prepared; or

(c)

any information provided,

for the purposes of or in the course of an adjudication, including a settlement agreement entered into in the course of the adjudication;

“mediation communication”, in relation to a mediation, means —(a)

anything said or done;

(b)

any document prepared; or

(c)

any information provided,

for the purposes of or in the course of a mediation, including a settlement agreement resulting from the mediation;

“third party” —(a)

in relation to a mediation, means any person who —(i)

is not a party to the mediation;

(ii)

is not a mediator for the mediation; and

(iii)

is not the authorised dispute resolution body that appointed any mediator for the mediation; and

(b)

in relation to an adjudication, means any person who —(i)

is not a party to the adjudication;

(ii)

is not an adjudicator for the adjudication; and

(iii)

is not the authorised dispute resolution body that appointed any adjudicator for the adjudication.

(2) Nothing in this Division prevents an authorised dispute resolution body from providing the Committee or a public authority with the following information:(a)

the number of complaints of non-compliance received by the authorised dispute resolution body in any given period;

(b)

the number or percentage of those complaints lodged by landlords, and by tenants;

(c)

the number or percentage of those complaints resolved through mediation;

(d)

the number or percentage of those complaints that proceeded to adjudication;

(e)

the number or percentage of those complaints for which a determination was issued by an adjudicator;

(f)

without affecting paragraph (g), the nature of the disputes raised in those complaints, provided in a way that will not identify any party;

(g)

where, in relation to a complaint of non‑compliance, an adjudication determination has been made under section 25(4) that any leasing principle has not been complied with, the fact that the determination has been made, the names of the parties and the nature of the non‑compliance.