Environmental Protection Act 1990

Period within which applications under Act to be determined

11(1)In section 1 of the 1960 Act (registration for users of radioactive material), after subsection (3) there shall be inserted the following subsection—

“(3A)An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.”

(2)In section 3 of that Act (registration for mobile apparatus), after the subsection (4A) inserted by paragraph 6(2) above there shall be inserted the following subsection—

“(4B)An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.”

(3)In section 8 of that Act (supplementary provisions relating to authorisations) after the subsection (3A) inserted by paragraph 4(2) above there shall be inserted the following subsection—

“(3B)An application for an authorisation under section six or section seven of this Act (other than an application to which subsection (1) of this section applies) which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.”

(4)In section 19 of that Act (interpretation)—

(a)in subsection (1), after the definition of “prescribed”, there shall be inserted the following definition—

““the prescribed period for determinations”, in relation to any applications under this Act, means, subject to subsection (1A) below, the period of four months beginning with the day on which the application was received;” and

(b)after subsection (1), there shall be inserted the following subsection—

“(1A)The Secretary of State may by order substitute for the period for the time being specified in the last preceding subsection as the prescribed period for determinations such other period as he considers appropriate.”