2.—(1) Where an application under this Order is made to a regulator in accordance with the requirements of this Order, the application must be determined by the regulator within—
(a)the period of 2 months beginning with the date on which the application is received; or
(b)such longer period as may be agreed in writing with the applicant.
(2) For the purposes of sub-paragraph (1)—
(a)an application is determined when notice of the determination is given to the applicant by the regulator;
(b)in calculating the period of 2 months, no account must be taken of any period beginning with the date on which a notice under paragraph 1(11) is given to the applicant and ending with the date on which the applicant provides the information specified in the notice.
(3) Where the regulator fails to determine an application before the end of the period referred to in sub-paragraph (1)—
(a)the applicant may give to the regulator notice that the applicant treats the application as having been refused; and
(b)if such notice is given, for the purposes of this Order, the application must be treated as having been refused at the end of that period.
(4) Where the application is an application for a permit or for the transfer of a permit, any permit that is issued or transferred as a result of the application must be attached to the notice under sub-paragraph (2)(a).
(5) This paragraph does not apply to an application under—
(a)paragraph 5 of Schedule 7 (obtaining hospital or small emitter status for 2026-2030 allocation period);
(b)paragraph 3 of Schedule 8 (obtaining ultra-small emitter status for 2026-2030 allocation period).