Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_37
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 37
Character Range: 54223–56184

37  Determination of application
 (1) Subject to this section, the Rail Safety Regulator must give to the applicant, within the relevant period—
 (a) if the Rail Safety Regulator is satisfied as to the matters referred to in section 34 and, if applicable, section 35, notice in writing in the prescribed form granting accreditation to the applicant with or without any conditions or restrictions; or
 (b) if the Rail Safety Regulator is not so satisfied, notice in writing refusing the application.
 (2) A notice under sub‑section (1) granting an application must be in the prescribed form and must specify—
 (a) the prescribed details of the applicant; and
 (b) the scope and nature of the railway operations, and the manner in which they are to be carried out, in respect of which the accreditation is granted; and
 (c) any conditions and restrictions imposed by the Rail Safety Regulator on the grant of accreditation; and
 (d) any other prescribed information.
 (3) A notice—
 (a) under sub‑section (1) refusing an application, or imposing a condition or restriction, must include—
 (i) the reasons for the decision to refuse to grant the application or impose the condition or restriction; and
 (ii) information about the right of review under Part 6;
 (b) under sub‑section (4)(c) extending a period, must include information about the right of review under Part 6.
 (4) In this section, relevant period, in relation to an application, means—
 (a) 6 months after the application was received by the Rail Safety Regulator; or
 (b) if the Rail Safety Regulator requested further information, 6 months, or such other period, as is agreed between the Rail Safety Regulator and the applicant, after the Rail Safety Regulator receives the last information so requested; or
 (c) if the Rail Safety Regulator, by notice in writing given to the applicant before the expiry of the relevant 6 months, specifies another period, that period—
whichever is the longer.