17(1)Any dispute arising between the nominated undertaker and the highway authority under this Part is to 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 must otherwise be determined by a person appointed by the Secretary of State.
(2)Any person appointed by the Secretary of State under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the Secretary of State on making the appointment.