95Deemed refusal

95 Deemed refusal

95 Deemed refusal

(1) For the purposes of a review by the Tribunal, the Secretary is taken to have refused to grant a registration (a deemed refusal) to an applicant if the Secretary fails to give the applicant notice of a decision to grant or refuse the registration within the period prescribed by the regulations.

(2) The Secretary may continue to decide the application after the deemed refusal.

(3) A decision made after the deemed refusal does not affect an application (a review application) made to the Tribunal in relation to the deemed refusal.

(4) However, the Secretary is entitled to have the review application withdrawn without costs if—

(a) the Secretary decides to grant the registration, and

(b) the review application has not yet been decided, and

(c) the applicant consents to the withdrawal.