Part 3British Transport Police
Police Services Agreements
I135Arbitration by Secretary of State
1
This section applies to a dispute between the Authority and a person who has entered into a police services agreement, where the dispute is about the terms, construction or operation of the agreement.
2
Either party to the dispute may refer it to the Secretary of State.
3
The Secretary of State may—
a
determine the dispute, or
b
nominate a person to determine the dispute.
4
The Secretary of State shall determine the procedure to be followed in determining a dispute under this section.
5
In particular, the Secretary of State or nominated person shall give each party to the dispute an opportunity to make representations.
6
In determining a dispute the Secretary of State or a nominated person may—
a
give a declaration about how a provision of a police services agreement is to be construed or operated;
b
vary the terms of a police services agreement;
c
determine that one party is obliged in accordance with a police services agreement to pay a specified sum, or a sum to be assessed in a specified manner, to the other party;
d
make an order about costs.
7
Where a dispute is determined under this section—
a
a party may appeal to the High Court on a point of law;
b
the determination may, with the permission of the High Court, be enforced as if it were a judgment of the High Court (and may, in particular, be enforced by the use of powers in relation to contempt of court).
8
Where it is agreed by the parties that Scots law applies to the police services agreement, a reference in subsection (7) to the High Court shall be treated as a reference to the Court of Session.