Where the nominated undertaker considers that a matter affects—
the nominated undertaker may by notice require a controller of the asset or facility to enter into an agreement with the nominated undertaker about how the matter is to be dealt with.
Where a controller of a railway asset, or other railway facility, that is not a Phase One asset or facility considers that a matter affects—
the controller may by notice require the nominated undertaker to enter into an agreement with the controller about how the matter is to be dealt with.
The terms of an agreement under subsection (1) or (2) are to be such as the nominated undertaker and the controller may agree or, in default of agreement, as may be determined by arbitration.
Schedule 30 contains provision about arbitration under subsection (3) (which is in addition to the general provision about arbitration in section 64).
For the purposes of this section, a railway asset or other railway facility is a ""Phase One asset or facility"" if—
Subsections (1) and (2) do not apply in relation to—
In this section—
""controller"", in relation to a railway asset or facility, means—
(a)the person having the management of the asset or facility for the time being, or
(b)a person who owns, or has rights in relation to, the asset or facility;
""network"", ""railway asset"" and ""train"" have the same meanings as in Part 1 of the Railways Act 1993;
""railway facility"" includes a maintenance depot, electrical supply facility or stabling facility.