(2) Subject to this section and section 19, the Executive shall determine the deemed application by—

(a) retaining the listed item the subject of the deemed application on the Reimbursement List subject to any conditions attached to such retention in accordance with section 20, or

(b) removing the listed item the subject of the deemed application from the Reimbursement List.

(3) Where the Executive is unable to determine a deemed application under subsection (2) because it requires information from the supplier concerned—

(a) the Executive shall give notice in writing to the supplier specifying the information that it requires from the supplier in order to so determine the application, and

(b) if the supplier fails to give the information to the Executive within 60 days of being given the notice referred to in paragraph (a), the Executive shall remove the listed item the subject of the deemed application from the Reimbursement List.