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12(1)Any dispute arising between the nominated undertaker and the Agency under this Part shall be determined by arbitration if—U.K.
(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.