Section 41(3)

An application may not be referred to the Secretary of State under this section— if in relation to the application the appropriate agency is still considering whether to make any such decision as is referred to in subsection (1) of section 36A above, or if it has made such a decision but has not yet served the notice referred to in subsection (3) of that section; or where the appropriate agency has served a notice on the applicant under subsection (3) of that section, until the period for appealing under that section has expired or (if the applicant appeals) the appeal has been determined.

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Source: legislation.gov.uk · retrieved 2026-07-30