Paragraph 38 I1

Any dispute arising between the undertaker and the Agency under this Part of this Schedule is, if the parties agree, to be determined by arbitration under article 67 (arbitration), but must in the absence of agreement be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for Transport or its successor, acting jointly, on a reference to them by the undertaker or the Agency, after notice in writing by one to the other.