42.—(1) Where at any time before the beginning of a hearing or the consideration by a Tribunal of written representations it is so agreed in writing between the persons who, if a dispute were to be the subject of an appeal to the Tribunal, would be the parties to the appeal, the question will be referred to arbitration.
(2) Section 94 of the Arbitration Act 1996(1) will have effect for the purposes of the referral of a question in pursuance of this regulation as if such referral were to arbitration under another Act within the meaning of that section.
(3) In any arbitration in pursuance of this regulation, the award may include any order which could have been made by a Tribunal in relation to the question; and paragraph 10A of Schedule 11 to the 1988 Act will apply to such an order as it applies to orders recorded in pursuance of this Part.