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39.—(1) In the event that—
(a)no response has been received to the submission of the works details under paragraph 36(1) within 60 days of receipt by P66 under paragraph 36(2) and no further particulars have been requested under paragraph 36(3); or
(b)authorisation has not been given within 45 days of receipt by P66 of the further particulars supplied under paragraph 36(3),
approval of the works details is to be deemed to be given and the relevant works may commence.
(2) In the event that—
(a)the undertaker considers that P66 has unreasonably withheld its authorisation under paragraph 38(1); or
(b)the undertaker considers that P66 has given its authorisation under paragraph 38(1) subject to unreasonable conditions,
the undertaker may refer the matter to an expert for determination under paragraph 102.
(3) Where the matter is referred to an expert under paragraph 39(2) the expert is to determine whether or not authorisation should be given and, if so, the conditions which should reasonably be attached to the authorisation under sub-paragraphs (a) and (b) of paragraph 38(1).
(4) Where the undertaker considers that P66 has unreasonably withheld its authorisation under paragraph 38(2) then the matter may be referred to an expert on the application of either party (after giving notice in writing to each other) appointed by the secretary of the United Kingdom Onshore Pipeline Association for determination under paragraph 102.
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