SCHEDULE 2APPLICATIONS BY THE AGENCY

Approval by the Agency6

1

The Agency may approve an Agency application where—

a

notice in relation to that application has been served in accordance with paragraph 5(1)(a);

b

the period of 28 days beginning on the date on which the notice is served has expired; and

c

the appropriate authority has not, within that period, given directions to the Agency under section 41 (Secretary of State’s power to call–in applications) requiring the application to be referred to the authority.

2

Where the Agency approves an application under sub-paragraph (1), the draft licence accompanying the application (modified in accordance with any terms specified pursuant to paragraph 5(3)(c)) will be deemed to have been granted, on the date of the Agency’s approval, in accordance with a determination by the appropriate authority under section 42(1) (consideration of called–in applications).