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Railways Act 1993
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11 Assignment of licences.E+W+S
(1)A licence shall be capable of being assigned, but only if it includes a condition authorising assignment.
(2)A licence shall not be capable of being assigned except with the consent of—
[F1(a)the Secretary of State, if he is specified for the purpose in the licence; or
(b)the Regulator and the Authority, in any other case.]
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Any consent under subsection (2) above may be given subject to compliance with such conditions as [F3are imposed by the person or persons giving the consent], which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence.
(5)A licence may include conditions which must be complied with before the licence can be assigned.
(6)An assignment, or purported assignment, of a licence shall be void—
(a)if the licence is not capable of assignment;
(b)if the assignment, or purported assignment, is in breach of a condition of the licence; or
(c)if there has, before the assignment or purported assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (2) above is given.
(7)A licence shall not be capable of being assigned under or by virtue of any other provision of this Act, other than paragraph 4 of Schedule 7 to this Act.
(8)In this section “assignment” includes any form of transfer and cognate expressions shall be construed accordingly.
(9)Any reference in this section to “assignment” shall be construed in Scotland as a reference to assignation.
Textual Amendments
F1S. 11(2)(a)(b) substituted for words (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 5(2) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F2S. 11(3) repealed (1.2.2001) by 2000 c. 38, ss. 216, 274, Sch. 17 para. 5(3), Sch. 31 Pt. IV (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F3Words in s. 11(4) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 5(4) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
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