39Time period for restoration of authorities

#### 39 Time period for restoration of authorities 39 Time period for restoration of authorities > > (1) An application for the restoration of an authority must be made— > > > > > (a) within 3 months of the expiry of the authority, or > > > > > (b) within the further period determined by the Secretary on the application of the person seeking the restoration of the authority. > > > (2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of an authority may be made if the Secretary is satisfied that— > > > > > (a) in a case where the applicant failed to apply for renewal before the authority expired—the failure to apply for renewal of the authority before it expired was due to inadvertence, or > > > > > (b) it is just and equitable to restore the authority. > > > (3) An authority that has been surrendered or cancelled must not be restored. > > > (4) An application for the restoration of an authority must— > > > > > (a) be made in the approved form (if any), and > > > > > (b) be accompanied by the fee prescribed by the regulations, and > > > > > (c) nominate a term of duration for the authority. > > > (5) An authority restored at any time is taken to have been restored on and from the day on which the authority expired. > > > (6) Subject to this section, this Act applies to an application for the restoration of an authority in the same way as it applies to an application for an authority. > > **s 39:** Am 1996 No 122, Sch 5 \[9\]; 1999 No 26, Sch 1 \[6\]; 2001 No 51, Sch 1 \[13\]. Rep 2002 No 28, Sch 4.6 \[18\]. Ins 2018 No 65, Sch 2.8\[5\].