Environmental Protection Act 1990

40 Transfer of licences. E+W+S

[F1 (1) A licence may be transferred to another person in accordance with subsections (2) to (6) below and may be so transferred whether or not the licence is partly revoked or suspended under any provision of this Part.

[F2 (1A) In the case of a site licence, a transfer under subsection (1) may extend to the whole of the land to which the licence extends or to any part of it, and in this Part “transfer” and cognate expressions used in relation to a site licence include such a partial transfer.]

(2) Where the holder of a licence desires that the licence be transferred to another person (“the proposed transferee”) the licence holder and the proposed transferee shall jointly make an application to the waste regulation authority which granted the licence for a transfer of it.

(3) An application under subsection (2) above for the transfer of a licence shall be made [F3 on a form provided by the authority for the purpose, accompanied by such information as the authority may reasonably require, the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995] and the licence.

(4) If, on such an application, the authority is satisfied that the proposed transferee is a fit and proper person the authority shall effect a transfer of the licence to the proposed transferee.

(5) [F4 Subject to subsections (5A) to (5C),] the authority shall effect a transfer of a licence under the foregoing provisions of this section by causing the licence to be endorsed with the name and other particulars of the proposed transferee as the holder of the licence from such date specified in the endorsement as may be agreed with the applicants.

[F5 (5A) The authority shall effect a partial transfer of a licence by—

(a) issuing a new licence to the transferee as respects the land to which the transfer relates; and

(b) returning the original licence to the holder endorsed to record that there has been a transfer, the particulars of the land transferred and the land to which the original licence now relates.

(5B) In the case of a partial transfer, the conditions included in the new licence and original licence after the transfer shall be the same as the conditions included in the original licence immediately before the transfer in so far as they are relevant to the sites covered by the new licence and the original licence respectively, but subject to such modifications as, in the opinion of the authority, are necessary to take account of the transfer.

(5C) A partial transfer shall take effect from such date as may be agreed with the applicants and specified in the endorsement and new licence.]

(6) If within the period of two months beginning with the date on which the authority receives an application for the transfer of a licence, or within such longer period as the authority and the applicants may at any time agree in writing, the authority has neither effected a transfer of the licence nor given notice to the applicants that the authority has rejected the application, the authority shall be deemed to have rejected the application.]

Textual Amendments

F1 S. 40 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), regs. 73, 74(2), Sch. 21 para. 10, Sch. 23 (with reg. 72, Sch. 4)

F2 S. 40(1A) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(9)(a)

F3 Words in s. 40(3) substituted (1.4.1996 for limited purposes and 1.4.1998 so far as not already in force) by 1995 c. 25, s. 120(1), Sch. 22 para.74 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3; S.I. 1998/604, art.2.

F4 Words in s. 40(5) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(9)(b)

F5 S. 40(5A)-(5C) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 2(9)(c)

Commencement Information

I1 S. 40 not in force at Royal Assent, see s. 164(3); s. 40(3) in force at 18.2.1993 by S.I. 1993/274, art. 2(1); s. 40 in force in so far as not already in force at 1.5.1994 save for purposes of application to activities specified in art. 2(2) of the commencing S.I. and otherwise in force in relation to those activities in accordance with art. 3 of the commencing S.I. by S.I. 1994/1096, arts. 2(2)(3), 3 (as amended by S.I. 1994/2487, art. 2 and S.I. 1994/3234, art. 2)