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Advice to Bond Pearce

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Enquiry

From
Bond Pearce
Date advice given
8 November 2012
Enquiry type
Email

Network Rail found that for a small handful of consultees, it is unable to satisfactorily prove service of the original notice. They have therefore decided to serve them again, giving them a full 28 day response period from the date of re-service. The deadline specified for responses by those who were re-served is therefore extended by 15 days to 30 November.

Network Rail see no reason to change the 15 November response date for other parties or in public notices they therefore intend to provide their client's certificate of service as soon as possible after 15 November, altered to explain that an extended deadline has been given to some parties. They want to know whether PINS are happy for:

  • the S56 certificate to be amended to reflect the extended deadline given to these parties only
  • the S56 certificate to be signed by the NRIL Company Secretary after the general deadline for responses, rather than after the extended deadline (as per the approach taken on the Ipswich Chord certificate)
  • the S56 certificate to be provided to PINS after 15 November, rather than after the extended deadline. They asked if PINS could clarify whether the S56 certificate is expected to be signed after the expiry of the deadline for responses (APFP Reg 10 is clear that it should be sent to PINS within 10 working days after the deadline for responses, but is silent on the time of signing; however, the certificate uses the words "?the deadline [?] was"). Timing this precisely can cause logistical difficulties, and the purpose of the certificate is to confirm service/advertisement, which must of course occur well in advance of the expiry of the deadline for responses.

Advice given

The 2008 Act and the APFP Regulations are silent on when the certificate has to be (physically) signed however following the approach for the Ipswich Rail Chord case, we consider the certificate can be signed and dated after the expiry of the main deadline but before the extended deadline.