454Authority may request additional information

454 Authority may request additional information

(1) If the Authority receives an application for a licence that does not contain sufficient information to enable the Authority to make a decision whether or not to grant the licence, the Authority may ask the applicant to provide additional information to enable it to make a decision.

(2) A request for additional information under subregulation (1) must—

(a) be made in writing; and

(b) specify a period within which the information must be given to the Authority; and

(c) advise the applicant that the time limit that applies to the processing of the application under regulation 453 has been suspended and will remain suspended—

(i) until the additional information requested is provided; or

(ii) if that information is not provided, until the end of the period specified under paragraph (b).

(3) In specifying a period under subregulation (2)(b), the Authority must not specify a period that is longer than—

(a) subject to regulation 471, in the case of a major hazard facility licence, 6 months;

(b) in the case of a high risk work licence, 45 days;

(c) in the case of any other licence, 60 days.

(4) If the Authority requests additional information from an applicant, the following periods are not to be counted for the purposes of calculating the periods specified in regulation 453(2)—

(a) the period from when the request is sent to the applicant to when the additional information is received by the Authority; or

(b) if the information is not provided, the period from when the request is sent to the applicant to the end of the period specified under subregulation (2)(b).

(5) Nothing in this regulation restricts the number of requests for additional information that the Authority may make, however, if the Authority makes more than one request it must ensure that the cumulative total of the periods specified or used (whichever is the shorter) under subregulation (2)(b) in respect of the requests does not exceed the period listed in regulation 453(2) with respect to the relevant type of licence.

A person applies for a high risk work licence. The Authority seeks additional information and gives the applicant a notice requesting the information within 45 days. The applicant provides the information 27 days after the notice is given. If the Authority seeks further additional information under this subregulation it may specify a period of up to 18 days for the applicant to provide the second lot of information. This is because only 27 days were used of the 45 days specified for the provision of the first response, and the 27‑day period actually used is shorter than the 45-day period originally specified.