Many of you may be aware that the Government has asked Sir Michael Latham to review the workings of the adjudication and payment provisions in the Housing Grants, Construction and Regeneration Act 1996 and its associated Schemes as they relate to construction contracts and to recommend any changes that may be necessary. Interested parties were asked to comment earlier in the summer and their initial submissions, including those from all of the main Adjudicator Nominating Bodies, have now been made.

Sir Michael is aiming to produce a white paper incorporating the comments received and possible changes during the autumn. All interested parties will then have a reasonable period (I understand that this will be more than the usual 2 weeks) to provide further comment. It is then intended that a full report will be produced by the end of the year with recommendations for any changes that Sir Michael believes should be made.

Many of the changes suggested by the interested parties will require amendments to the primary legislation, i.e. the Act itself. Those of you who, like me, were sceptical as to the availability of parliamentary time to make these changes will be interested to know that it may be possible that they can be made by Regulation rather than legislation. If this is correct then it has been suggested that any changes can be put in place during March 2005.