Commentary on provisions of the Act Schedule 30: Arbitration between railway operators Directions as to results to be achieved
Schedule 30 relates to the process should a difference between operators under section 43(3) be referred to arbitration. Paragraph 1(2) provides that, should the parties go to arbitration to reach agreement, the Secretary of State must be informed immediately.
	Paragraph 1(3) allows the Secretary of State to require the arbitrator to ensure that any agreement reached delivers a particular result or outcome. This does not allow the Secretary of State to set the terms of any agreement, but protects against the arbitration process delivering an outcome that hampers the delivery or operation of Phase One of High Speed 2.
	.Paragraph 1(5) provides that the Secretary of State may be asked by either party, or the arbitrator, to provide a direction, but does not have to be asked to do so. Paragraph 1(4) states that a direction may be provided even if the Secretary of State is directly or indirectly a party to the arbitration.
	Paragraph 1(6) considers the circumstances in which the arbitrator must comply with the direction made. The arbitrator must do so if the direction is both relevant to the determination of the terms of the agreement and is given before the arbitrator has reached a decision.
	Paragraph 1(7) sets out what the arbitrator must do in complying with a direction. Broadly, the arbitrator must try to ensure that the agreement reached through arbitration achieves the outcome set out by the direction from the Secretary of State, as far as is reasonably possible.