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8.—(1) Where an authority and a TMO cannot resolve a dispute that has arisen between them concerning the application or interpretation of any provision of these Regulations or the TMO agreement, or a determination made under these Regulations, either party may refer the matter for determination to an arbitrator appointed by agreement between them or, in default of agreement, appointed by the Secretary of State.
(2) In making the referral described in paragraph (1), the authority and the TMO must have regard to any guidance provided from time to time by the Secretary of State as to the procedure and conduct of the arbitration.
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