Water Environment (Abstractions and Associated Impoundments) Act 2022
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Transfer of licence | ||
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50. (1) A licence may only be transferred from the licensee to another person in accordance with this section. | ||
(2) The licensee and the person to whom the licence is proposed to be transferred (in this section referred to as the “proposed transferee”) shall jointly make an application to the Agency requesting the Agency to transfer the licence. | ||
(3) An application under subsection (2) shall be made in such form and include such information as may be prescribed under section 57 and shall be accompanied by the licence concerned. | ||
(4) The Agency may require the provision of such further information by the licensee or the proposed transferee as it considers appropriate for the purposes of considering an application under subsection (2). | ||
(5) The Agency may only make a decision on an application under subsection (2), and any further information provided in respect thereof to effect the transfer of the licence where the Agency is satisfied— | ||
(a) that the proposed transferee would if an applicant for a like licence in respect of the abstraction concerned, satisfy the requirements for the grant of a like licence under this Part, including in particular the requirements of section 46 , | ||
(b) in the case of a joint licence— | ||
(i) that the persons jointly and severally responsible for the licence under section 47 have jointly made the application under subsection (2), and | ||
(ii) where the abstraction and its associated impoundment are, following the transfer, to be carried out and operated by different persons, as to the matters referred to in section 47 , | ||
and | ||
(c) as to such other matters as may be prescribed under section 57 . | ||
(6) The Agency shall give notice of its decision on an application under subsection (2) to the persons who make the application and shall give the main reasons for the decision. | ||
(7) A person to whom a licence is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the licence, regardless of how and in respect of what period, including a period prior to the transfer of the licence, that such liabilities, requirements and obligations may arise. | ||
(8) In this section, “like licence” does not require that the same number of persons hold a transferred licence as held the licence before the transfer. |