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6. In section 195 (appeals against refusal or failure to give decision on application) in subsection (5)(1) after “For the purposes of the application” insert “in relation to England” and after that subsection insert—
“(5A) For the purposes of the application in relation to Wales of sections 288(10)(b) and 319B(7)(d) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.”
Section 195(5) was amended by section 196(4) of, and paragraphs 1 and 7 of Schedule 10 to, the 2008 Act. Paragraph 7 has not been commenced. There are other amendments to section 195 not relevant to this Order.
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