SCHEDULES

SCHEDULE 15DEEMED MARINE LICENCE

PART 5PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “return”

20.  In this Part, “return” means a submission by the undertaker for approval by the MMO of any method statement or plan required under Part 4 of this licence.

Further information regarding return

21.—(1) The MMO may request in writing such further information from the undertaker as is necessary to enable the MMO to consider the return.

(2) If the MMO does not make a request under sub-paragraph (1) within 30 business days of the day immediately following that on which the return is received by the MMO, it is deemed to have sufficient information to consider the return and is not entitled to request further information after this date without the prior agreement of the undertaker.

Determination of return

22.—(1) In determining the return the MMO may have regard to—

(a)the return and any supporting information or documentation;

(b)any further information provided by the undertaker in accordance with paragraph 21; and

(c)such matters as the MMO thinks relevant.

(2) Having considered the return the MMO must—

(a)grant the return unconditionally;

(b)grant the return subject to conditions as the MMO thinks fit; or

(c)refuse the return.

Notice of determination

23.—(1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the undertaker of the determination of the return within 30 business days of the day immediately following that on which the return is received by the MMO, or as soon as reasonably practicable after that date.

(2) Where the MMO has made a request under paragraph 21, the MMO must give notice to the undertaker of the determination of the return no later than 30 business days of the day immediately following that on which the further information is received by the MMO, or as soon as reasonably practicable after that date.

(3) Where the MMO determines it is not reasonably practicable to make a determination pursuant to sub-paragraph (1) or (2) within 30 business days, it must notify the undertaker as soon as reasonably practicable and provide confirmation in writing of the intended determination date.

(4) Where the MMO refuses the return the refusal notice must state the reasons for the refusal.

Arbitration

24.  Regulations made under section 73 of the 2009 Act apply to any difference under any provision of this licence and article 64 (arbitration) does not apply.