SCHEDULES
F1SCHEDULE 3AThe electronic communications code
PART 7Conferral of transport land rights and their exercise
What happens if a dispute about the transport land rights is referred to arbitration?
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1
This paragraph applies if notice is given under paragraph 50(3) or 51(7) that the following matter (the “matter in dispute”) is to be referred to arbitration—
a
an objection to proposed works;
b
a disagreement about an amount of compensation.
2
The matter in dispute is to be referred to the arbitration of a single arbitrator appointed—
a
by agreement between the parties, or
b
in the absence of such agreement, by the President of the Institution of Civil Engineers.
3
If the matter in dispute is an objection to proposed works, the arbitrator has the following powers—
a
power to require the operator to give the arbitrator a plan and section in such form as the arbitrator thinks appropriate;
b
power to require the transport undertaker to give the arbitrator any observations on such a plan or section in such form as the arbitrator thinks appropriate;
c
power to impose on either party any other requirements which the arbitrator thinks appropriate (including a requirement to provide information in such form as the arbitrator thinks appropriate);
d
power to make an award—
i
requiring modifications to the proposed works, and
ii
specifying the terms on which, and the conditions subject to which, the proposed works may be carried out;
e
power to award one or both of the following, payable to the transport undertaker—
i
compensation for loss or damage sustained by that person in consequence of the carrying out of the works;
ii
consideration for the right to carry out the works.
4
If the matter in dispute is a disagreement about an amount of compensation, the arbitrator has the following powers—
a
power to impose on either party any requirements which the arbitrator thinks appropriate (including a requirement to provide information in such form as the arbitrator thinks appropriate);
b
power to award compensation, payable to the transport undertaker, for loss or damage sustained by that person in consequence of the carrying out of the emergency works.
5
The arbitrator may make an award conditional upon a party complying with a requirement imposed under sub-paragraph (3)(a), (b) or (c) or (4)(a).
6
In determining what award to make, the matters to which the arbitrator must have regard include the public interest in there being access to a choice of high quality electronic communications services.
7
The arbitrator's power under sub-paragraph (3) or (4) to award compensation for loss includes power to award compensation for any increase in the expenses incurred by the transport undertaker in carrying on its railway, canal or tramway undertaking.
8
An award of consideration under sub-paragraph (3)(e)(ii) must be determined on the basis of what would have been fair and reasonable if the transport undertaker had willingly given authority for the works to be carried out on the same terms, and subject to the same conditions (if any), as are contained in the award.
9
In this paragraph “party” means—
a
the operator, or
b
the transport undertaker.
Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)