Article 41 Procedure in relation to certain approvals etc.I1
England and Wales
Where an application is made to or request is made of any authority or body named in any of the provisions of this Order for any consent, agreement or approval required or contemplated by any of the provisions of the Order, such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed.
Subject to paragraph (4), Schedule 13 (procedure for discharge) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to any provision of this Order.
Subject to any other provision in this Order, any difference or dispute arising under any provision of Schedule 12 (protective provisions) or article 15(6) (protective work to buildings) must, unless otherwise agreed in writing between the undertaker and the party in question, be referred to and settled in arbitration by a single arbitrator to be agreed upon by the parties within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.
Annotations
Commencement
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Art. 41 in force at 3.8.2024, see art. 1