Paragraph 312 I1

England, Wales and Scotland

(1)

In the event that—

(a)

no response has been received to the submission of the works details under paragraph 308 within 45 days of the undertaker obtaining a written acknowledgment of receipt from a specified person under paragraph 308(1) and no further particulars have been requested under paragraph 308(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 308(2),

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 HPU has unreasonably withheld its authorisation under paragraph 310(1); or

(b)

the undertaker considers that HPU has given its authorisation under paragraph 310(1) subject to unreasonable conditions,

the undertaker may refer the matter to an arbitrator for determination under paragraph 330.

(3)

Where the matter is referred to arbitration under F1sub-paragraph (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 311(1).

Annotations

Textual amendments

F1: Words in Sch. 12 para. 312(3) substituted (21.12.2024) by The Net Zero Teesside (Correction) Order 2024 (S.I. 2024/1384), art. 1, Sch. Table

Commencement

I1: Sch. 12 para. 312 in force at 11.3.2024, see art. 1