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3.—(1) The undertaker may appeal in the event that—
(a)the relevant authority refuses an application for any consent, agreement or approval required by an article or Requirement included in this Order;
(b)the relevant authority grants an application for any consent, agreement or approval required by an article or Requirement included in this Order subject to conditions; or
(c)on receipt of a request for further information pursuant to paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application.
(2) The appeal process is to be as follows—
(a)The undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant authority and NRW (if relevant);
(b)The Secretary of State must appoint a person (“the appointed person”) to consider the appeal and notify the appeal parties and NRW (if relevant) of the identity of the appointed person and the address to which all correspondence for his attention should be sent;
(c)The appointed merson may specific a timetable for the appeal process.
(d)The relevant authority and NRW (if relevant) must submit written representations to the appointed person in respect of the appeal within 26 days of being notified under paragraph 3(2)(b) and ensure that copies of their written representations are sent to each other; and
(e)The undertaker may make any counter-submissions to the appointed person, and if made these must be within 26 days of receipt of written representations pursuant to sub-paragraph (d) above.
(3) If the appointed person considers that further information is required from the undertaker to determine the appeal he may notify the undertaker in writing specifying the further information required and the date by which it should be submitted.
(4) Any further information required pursuant to sub-paragraph (3) must be provided by the undertaker to the appointed person, the relevant authority and NRW (if relevant) on or before the date specified by the appointed person under paragraph 3(3).
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