158Action pending consultation with third party

158 Action pending consultation with third party

158 Action pending consultation with third party

(1) This section applies if—

(a) consultation with another entity is required under a law; and

(b) the road manager does not ask for a longer period under section 156(1)(b) or the Regulator refuses to agree to a longer period asked for under section 156(1)(b).

(2) If the consultation with the other entity is not yet completed, the road manager must, as far as practicable, deal with the request for consent and decide to give or not to give the consent (even though the consultation with the other entity is not completed).

(3) If the road manager decides to give the consent even though the consultation with the other entity is not completed, the consent is not operative unless and until—

(a) the consultation is completed; and

(b) if the other entity’s approval is required, the other entity gives its approval.

(4) If—

(a) the consultation with the other entity is completed and the other entity’s approval is required; and

(b) the road manager has not yet decided to give or not to give the consent;

the road manager may—

(c) decide not to give the consent, on the ground that the consent would be inoperative; or

(d) decide to give the consent, but the consent is inoperative without the other entity’s approval.

(5) The Regulator must not grant a mass or dimension authority if—

(a) consultation is required under a law with another entity; and

(b) the other entity’s approval is required; and

(c) the other entity has declined to give its approval.