Advice to DLA Piper
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- From
- DLA Piper
- Date advice given
- 11 November 2010
- Enquiry type
- Post
Advice given
Thank you for your letter (and accompanying material) dated 26th October and received on 2nd November 2010 concerning the preparation of further information for this application. I also refer to the advice I previously provided on this matter in my email of 1st October 2010 (a copy of which is attached to this letter). As set out in the previous advice, the IPC has no power during the pre-examination stage to substitute information forming part of the application and, for this reason we will not upload any supplementary or substituted information onto our website during the pre-examination stage. The advice also suggested that, should you wish to provide additional information to any party, any letter informing parties of this should make it clear that the additional information is provided merely to give advance warning of the content which will be put forward subsequently to the Commission during the examination. Interested parties would then have an opportunity to make detailed representations to the Commission on any additional information that is provided by the applicant during the examination stage. I note that you have already placed copies of the further information at the locations set out in the public notices and have also provided this further information to prescribed consultees. I have not had sight of the covering letter sent to the prescribed consultees with the further information. We have carefully considered whether or not reference should be made to the additional information on the Commission?s website. Given that, firstly the Commission cannot accept additional information at this stage, secondly that relevant representations should respond to the application as accepted, and thirdly that the website information will not be available to everyone with an interest in the application, we consider that it would not be appropriate to refer to the further information on the website. Once the formal examination process has commenced, I suggest representations are submitted to the Examining Authority with a full explanation why the further information does not represent a material change to the application and the Examining Authority can then make a decision whether to accept the information. After such a decision, the information can then be made available in accordance with Rule 21 of the Examination Procedure Rules.