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39.—(1) The relevant planning authority and any person, other than the Secretary of State, to whom a copy of the regulation 37 notice has been sent (“the consultee”) must, if requested by the person on whom the regulation 37 notice was served, declare to that person whether the consultee has in their possession any information which that person or the consultee consider relevant to the preparation of an environmental statement and, if they have, the consultee must make any such information available to that person.
(2) Regulation 17(5) shall apply to information under paragraph (1) as it applies to any information falling within regulation 17(4).
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