Section 42 Consideration of called-in applications.C1

Subject to the following provisions of this section and to section 46 below, the Secretary of State, on considering a called-in application—

Before determining a called-in application, the Secretary of State may, if he thinks fit-

and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the applicant or the appropriate agency to be heard with respect to the application.

The provisions of sections 37, 38(1) and (3), 39(2) and 40 above shall apply in relation to any called-in application as if—

F3Subject to subsection (4A) below, in determining any called-in application and, in particular, in determining what (if any) direction to give under subsection (5) below, the Secretary of State shall consider whether any such direction would require the grant of a licence which would so authorise—

as to derogate from rights which, at the time when the direction in question is given, are protected rights for the purposes of this Chapter.

Subsection (1A) of section 39 above applies in relation to subsection (4) above as it applies in relation to section 39(1) above.

Where the decision of the Secretary of State on a called-in application is that a licence is to be granted, the decision shall include a direction to the appropriate agency to grant a licence containing such provisions as may be specified in the direction.

The decision of the Secretary of State on any called-in application shall be final.

In this section “called-in application” means an application referred to the Secretary of State in accordance with directions under section 41 above.