(1) If—
(a) the Transport Accident Commission is liable to make a payment to the Authority in accordance with section 367(1); or
(b) it appears to the Authority and the Transport Accident Commission that the Transport Accident Commission may become liable to make further payments to the Authority in accordance with that section—
the Transport Accident Commission and the Authority may undertake a settlement of that liability or potential liability to make payments in accordance with that section.
(2) For the purposes of a settlement under subsection (1) of a liability or potential liability, the Authority and the Transport Accident Commission may, despite section 367(1), determine the value of that liability or potential liability in any manner they think fit.