(1)Where under this Act any difference is to be referred to arbitration, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.
(2)Subsection (3) applies where—
(a)a party has under subsection (1) applied for the arbitrator to be appointed by the President of the Institution of Civil Engineers, and
(b)the President notifies either of the parties that he is not going to appoint an arbitrator under subsection (1).
(3)In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of either party, after notice in writing to the other, by [F1the Office of Rail and Road].
(4)[F1The Office of Rail and Road] may under subsection (3) appoint as the arbitrator a member or employee of that Office.
(5)The Secretary of State for [F2Levelling Up, Housing and Communities] and the Secretary of State for Transport acting jointly may by rules made by statutory instrument make provision about procedure in relation to arbitration under this Act.
(6)A statutory instrument containing rules under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 54 substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(t)(iv)
F2Words in s. 54(5) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 19(b) (with art. 12)