88NSecond declaration of entitled person

#### 88N Second declaration of entitled person (1) The person declared to be the entitled person for the special permission under regulation 88M ceases to be the entitled person if the person: (a) does not apply under regulation 88A within the period mentioned in paragraph 88M(3)(c); or (b) withdraws an application made under regulation 88A; or (c) lodges an application under regulation 88A and the application: (i) is taken to have been withdrawn under subregulation 88E(3); or (ii) is refused under regulation 88X; or (iii) lapses under regulation 132. (2) If the person ceases to be the entitled person for the special permission, the Authority must again rank the expressions of interest for the permission so that the immediately next ranked expression of interest becomes the most highly ranked expression of interest. (3) The Authority must, in writing, declare the person whose expression of interest was ranked highest under subregulation (2), to be the entitled person for the permission. (4) The declaration must be made, and given to the person, as soon as practicable after the Authority ranks the expression of interest under subregulation (2). (5) The declaration must: (a) specify the date from which the decision that the person’s expression of interest is the most highly ranked for the permission takes effect (the date of effect); and (b) declare that the person is an entitled person to make an application under regulation 88A for the permission; and (c) state that the person must apply to make that application within 15 business days after the date of effect or the person will cease to be the entitled person for the permission. (6) The date of effect must not be a date before the date that the declaration is given to the person.