Paragraph 193 I1

(1)

In the event that—

(a)

no response has been received to the submission of the works details under paragraph 189 within 45 days of the undertaker obtaining a written acknowledgment of receipt from a specified person under paragraph 189(1)and no further particulars have been requested under paragraph 189(2); or

(b)

authorisation has not been given within 30 days of the undertaker obtaining a written acknowledgment of receipt from a specified person of the further particulars supplied under paragraph 189(2)F1,

approval of the works details is to be deemed to be given and the relevant works may commence.

(2)

In the event that—

(a)

the undertaker considers that SABIC has unreasonably withheld its authorisation under paragraph 191(1); or

(b)

the undertaker considers that SABIC has given its authorisation under paragraph 191(1) subject to unreasonable conditions

the undertaker may refer the matter to an arbitrator for determination under paragraph 211.

(3)

Where the matter is referred to arbitration under paragraph 192(2) the arbitrator is to determine whether or not authorisation should be given and, if so the conditions which should reasonably be attached to the authorisation under sub-paragraphs (a) and (b) of paragraph 191(1).

Annotations

Textual amendments

F1: Sch. 12 para. 193(1)(b): comma substituted for full stop (21.12.2024) by The Net Zero Teesside (Correction) Order 2024 (S.I. 2024/1384), art. 1, Sch. Table

Commencement

I1: Sch. 12 para. 193 in force at 11.3.2024, see art. 1