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9.—(1) This regulation applies where—
(a)a notice of appeal relating to refusal or revocation of an exemption certificate has been sent to the First-tier Tribunal, and
(b)before submitting a response, the Secretary of State notifies the Tribunal that the appeal will not be opposed.
(2) The Tribunal may direct that the appeal be treated as if it were determined in favour of the appellant and, where the Tribunal does so, the Tribunal is not required to make an order.
(3) Where the appeal is treated as if determined in favour of the appellant, the Secretary of State must issue an exemption certificate within 28 days of the date on which the notification referred to in paragraph (1)(b) was sent to the Tribunal.
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