The Secretary of State1 may make provision by regulations2 as he considers appropriate:
(1) for establishing procedures to facilitate the making3 of references to arbitration4 of questions arising under the Coal Mining Subsidence Act 1991 or under the Coal Industry Act 19945 relating to subsidence matters6;
(2) for enabling such questions to be referred to and determined by arbitration in cases where they would fall to be determined by the Upper Tribunal7 on account of the failure by a person who is (or who asserts he is) the person with responsibility for subsidence affecting land8 to agree to the
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