Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 3 Assignment of licence | ||
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Assignment of licence | ||
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155. (1) This section applies where the licensee under a licence (in this section referred to as the “proposed assignor”) wishes to assign the licence to another person (in this section referred to as the “proposed assignee”). | ||
(2) The proposed assignor and the proposed assignee shall make a joint application under section 150 (1) for the consent in writing of the licensing authority which granted the licence to the proposed assignor and, in the case of such application, sections 150 and 152 and the other provisions of this Part applicable to an application and its determination under section 151 shall, with all necessary modifications, apply accordingly. | ||
(3) Upon the assignment of a licence in accordance with the consent referred to in subsection (2)— | ||
(a) the assignee shall, not later than 21 working days after such assignment takes effect, give notice in writing to the licensing authority (and, if different) the Board of the date on which the assignment took effect, and | ||
(b) the assignee shall become the licensee under the licence but without prejudice to the assignor’s liability for acts done, or omissions made, in his or her capacity as the licensee under the licence, prior to the assignment of the licence, and the other provisions of this Act shall, with all necessary modifications, apply to the assignor and the assignee accordingly. | ||
(4) The licensing authority may attach conditions to a consent referred to in subsection (2). | ||
(5) The assignment of a licence purporting to be effected without the consent referred to in subsection (2), or in contravention of the conditions (if any) attached to the consent, shall be void. | ||
(6) The Minister shall, as soon as is practicable after giving a consent referred to in subsection (2), give notice in writing to the Board of such consent (including particulars of the licence, the assignee and the assignor concerned). | ||
(7) Where the licensing authority attaches conditions to a consent referred to in subsection (2), or refuses to give such consent, the authority shall, as soon as is practicable after making such decision, give the assignor and assignee or, as the case requires, the proposed assignor and the proposed assignee, notice in writing of the reasons for the conditions or refusal, as the case may be. | ||
(8) References in this Act to the grant of a licence shall include references to the assignment of a licence in any case where the licence has been assigned or reassigned in accordance with this section. |