Commentary on provisions of the Act Railway matters Section 43: Co-operation
The nominated undertaker which builds and operates Phase One of High Speed 2 will, in the course of its work, have impacts on other controllers of assets on the UK rail network, and vice versa. Subsections (1) and (2) require both parties, if they consider that a matter may affect an asset of another, to give notice and agree arrangements for working out how to deal with the matter.
	Subsection (3) provides that the terms of an agreement must be accepted by both parties but, if not, arbitration should be used to reach agreement. Subsection (4) introduces Schedule 30, which contains further details on the provisions for such arbitration.
	Subsection (5) defines what is a Phase One asset or facility for these purposes.
	Subsection (6) provides that subsections (1) and (2) do not apply in relation to matters or agreements which are within the remit of the Office of Rail and Road.