SCHEDULES

SCHEDULE 2REQUIREMENTS

PART 2PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Details of consultation

23.—(1) Where any paragraph in this Schedule requires the undertaker to consult with any person or body, the undertaker must—

(a)notify the person or body of the effect of paragraph 22(3) (applications made to the Secretary of State under Part 1) of this Schedule;

(b)subject to sub-paragraph (2), provide that person or body with not less than 28 days from the provision of any documents being consulted upon for any response to the consultation;

(c)give due consideration to any representations made by that person or body about the proposed application; and

(d)include with its application to the Secretary of State copies of any representations made by that person or body about the proposed application, and a written account of how any such representations have been taken into account in the submitted application.

(2) The undertaker may consent, such consent not to be unreasonably withheld, to an extension of period in sub-paragraph (1)(a) so that a person or body has not less than 42 days from provision of any documents being consulted upon to provide a response to the consultation following a request made by a person or body no later than 21 days from receipt of any documents being consulted upon.

(3) Where sub-paragraph (2) applies a person or body must provide a response to the consultation as soon as reasonably practicable.