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4.—(1) Where an application for a variation is made other than in writing and the Secretary of State directs that the application be made in writing, the application shall be made either on an application form provided by the Secretary of State and completed in accordance with the Secretary of State’s instructions or in such other written form as the Secretary of State may accept as sufficient in the circumstances of any particular case.
(2) An application for a variation which is made other than in writing shall be treated as made on the date of notification from the applicant to the Secretary of State that he wishes to make such an application.
(3) Where an application for a variation is made in writing other than in the circumstances to which paragraph (1) applies, the application shall be treated as made on the date of receipt by the Secretary of State.
(4) Where paragraph (1) applies and the Secretary of State receives the application within 14 days of the date of the direction, or at a later date but in circumstances where the Secretary of State is satisfied that the delay was unavoidable, the application shall be treated as made on the date of notification from the applicant to the Secretary of State that he wishes to make an application for a variation.
(5) Where paragraph (1) applies and the Secretary of State receives the application more than 14 days from the date of the direction and in circumstances where he is not satisfied that the delay was unavoidable, the application shall be treated as made on the date of receipt.
(6) An application for a variation is duly made when it has been made in accordance with this regulation and section 28A(4) of the Act.
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