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5.—(1) The Agency, having considered any representations received in relation to an Agency application, must serve notice in writing on the appropriate authority that it intends to—
(a)proceed with the application, with or without modification; or
(b)abandon it.
(2) The notice must not be served before the expiry of the periods referred to in section 37(4)(b) and paragraph 4(2)(c).
(3) Where the Agency serves notice in accordance with sub–paragraph (1)(a), that notice must—
(a)be accompanied by a copy of any notice published in accordance with the requirements of section 37(1) and paragraph 2, and a copy of any notice served under paragraph 4(1);
(b)be accompanied by a copy of any written representations received by the Agency in relation to the application; and
(c)state whether the Agency proposes any modification to the application or draft licence and, if so, set out the terms of any such modification and the reasons for it.
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