Part 2: Arbitration Approved arbitration bodies Section 8: Functions of approved arbitration bodies
This section sets out what functions an "approved arbitration body" (as defined in section 7) is to perform.
	Subsection (1) lists the main functions of an approved arbitration body. Paragraph (a) places a duty on an approved arbitration body to maintain a list of arbitrators who are available to carry out arbitration under the Act and, in the opinion of the approved arbitration body, appear to be suitable on the basis of their qualifications and experience to carry out arbitration under the Act.
	Subsection (1)(b) provides that, where a reference for arbitration is made to an approved arbitration body, that body is to appoint an arbitrator or a panel of arbitrators from the list referred to in subsection (1)(a) to resolve the matter of relief from payment of a protected rent debt in the case concerned. Where an appointed arbitrator resigns, dies or otherwise ceases to hold office, that body is to appoint another arbitrator from their list to fill the vacancy (paragraph (c)).
	Subsection 1(d) provides for the approved arbitration body to set, collect and pay its fees and the fees of an arbitrator appointed by it. The body must also publish on its website the fees payable in relation to a reference made to it for arbitration under the Act (subsection 6).
	Subsection (1)(e) requires an approved arbitration body to oversee (which would include administering) arbitrations for which it has appointed an arbitrator or panel of arbitrators.
	Subsection (1)(f) provides for an approved arbitration body to remove an arbitrator appointed by it from a case on any one of the grounds listed in subsection (2). Those grounds are that:
circumstances exist that give rise to justifiable doubts as to the impartiality or independence of the arbitrator (paragraph (a));
the arbitrator does not possess the qualifications required for the arbitration (paragraph (b));
the arbitrator is physically or mentally incapable of conducting the arbitration or there are any other justifiable doubts as to their capacity to do so (paragraph (c));
the arbitrator has refused or failed to properly conduct an arbitration case, or has unreasonably delayed the conduct of the proceedings or the making of an award, and that substantial injustice has been or will be caused to the parties as a result (paragraph (d)).
	Under section 74 of the Arbitration Act 1996, approved arbitration bodies have certain immunity from liability in relation to the function of appointing an arbitrator. Modifications made by paragraph 2(g) of Schedule 1 to the Act to section 74 of the Arbitration Act 1996 ensure immunity is provided on the same basis in relation to the function of removing an arbitrator.
	Subsection (3) requires the approved arbitration body to ensure that an arbitrator or panel of arbitrators appointed by it is independent from the parties to the arbitration.
	Where an arbitrator resigns, dies or otherwise ceases to hold office, subsection (4) requires the approved arbitration body to make arrangements in relation to the repayment of any fees and expenses paid to the arbitrator, for example for matters not undertaken, or in relation to the fees and expenses that the arbitrator should be entitled to.
	Subsection (5) requires an approved arbitration body, where requested by, or as agreed with, the Secretary of State to provide reports to the Secretary of State on the exercise of its functions under section 8, and on how arbitrations administered by the body under the Act are progressing and on awards made. This requirement enables the Secretary of State to monitor arbitration schemes.