(1)Where the nominated undertaker considers that a matter affects—
(a)the construction, maintenance or operation of Crossrail, and
(b)the construction, maintenance or operation of a railway asset which is not a Crossrail asset,
it may by notice in writing require a controller of the asset to enter into an agreement with it about how the matter is to be dealt with.
(2)Where a controller of a railway asset which is not a Crossrail asset considers that a matter affects—
(a)the construction, maintenance or operation of the asset, and
(b)the construction, maintenance or operation of Crossrail,
it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.
(3)The terms of an agreement under subsection (1) or (2) shall be such as the nominated undertaker and the controller of the asset may agree or, in default of agreement, as may be determined by arbitration.
(4)For the purposes of subsections (1) and (2), a railway asset is a Crossrail asset if—
(a)in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in Crossrail, and
(b)in the case of a railway asset consisting of any train being used on a network, the network is comprised in Crossrail.
(5)Subsections (1) and (2) do not apply in relation to—
(a)a matter which pursuant to any enactment must or may be dealt with by the Office of Rail Regulation, or
(b)a matter relating to an agreement which pursuant to any provision of that or any other agreement must or may be dealt with by the Office of Rail Regulation.
(6)In this section—
“controller”, in relation to a railway asset, means—
the person having the management of the asset for the time being, or
a person who owns, or has rights in relation to, the asset;
“light maintenance depot”, “network”, “railway asset” and “station” have the same meanings as in Part 1 of the Railways Act 1993 (c. 43).