SCHEDULES

SCHEDULE 17Protective provisions

Part 3Protection of land drainage, flood defence, water resources and fisheries

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1

Any dispute arising between the nominated undertaker and the Agency under this Part shall be determined by arbitration if—

a

the parties agree, or

b

the dispute relates to the amount of any sum payable under this Part,

but shall otherwise by determined by a person appointed by the appropriate Ministers.

2

Any person appointed by the appropriate Ministers under sub-paragraph (1) shall, in determining any dispute arising under this Part, have regard to such matters as may be specified by the appropriate Ministers on making the appointment.

3

In this paragraph the reference to the appropriate Ministers is to the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Affairs acting jointly.