{
  "url": "https://openlegislation.uk/associated-british-ports-immingham-green-energy-terminal-order-2025/schedule-17/paragraph-2",
  "json_url": "https://openlegislation.uk/associated-british-ports-immingham-green-energy-terminal-order-2025/schedule-17/paragraph-2.json",
  "legislation": "uksi/2025/165",
  "legislation_title": "The Associated British Ports (Immingham Green Energy Terminal) Order 2025",
  "legislation_url": "https://openlegislation.uk/associated-british-ports-immingham-green-energy-terminal-order-2025",
  "path": "schedule/17/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Applications made under provisions of this Order",
  "text": "(1) Where an application has been made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order (except as provided in article 62(5)) the relevant authority must give notice to the undertaker of their decision on the application within—\n(a) in respect of all provisions a period of 42 days beginning with the day immediately following that on which the application is received by the relevant authority;\n(b) where further information is requested under paragraph 3 of this Schedule (further information and consultation), a period of 42 days beginning with the day immediately following that on which further information has been supplied by the undertaker; or\n(c) such period that is longer than the periods in sub-paragraphs (a) or (b) as may be agreed in writing by the undertaker and the relevant authority before the end of such period.\n(2) In determining any application made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order (except as provided in article 62(5)), the relevant authority may—\n(a) give or refuse its consent, agreement or approval; or\n(b) give its consent, agreement or approval subject to reasonable conditions,\nand where consent, agreement or approval is refused or granted subject to reasonable conditions the relevant authority must provide its reasons for that decision within the notice of the decision.\n(3) Subject to sub-paragraph (4), in the event that the relevant authority does not determine an application within the period set out in sub-paragraph (1), the relevant authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.\n(4) Where an application has been made to the relevant authority for any consent, agreement or approval required by any of the provisions of this Order (except as provided in article 62(5)), and—\n(a) the relevant authority does not determine the application within the period set out in sub-paragraph (1) and such application is accompanied by a report which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement or in any environmental information supplied under the 2017 Regulations; or\n(b) the relevant authority determines during the period set out in sub-paragraph (1) that it considers that the subject matter of such application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement or in any environmental information supplied under the 2017 Regulations,\nthen the application is to be taken to have been refused by the relevant authority at the end of that period.\n(5) The undertaker must include in any application made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order (except as provided in article 62(5)) a statement that the provisions of sub-paragraph (3) apply and, if the application fails to do so, it is to be null and void.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 17 para. 2 in force at 27.2.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/165/schedule/17/paragraph/2",
    "retrieved_at": "2026-10-28T21:20:25.915436+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}