- Latest available (Revised)
- Point in Time (06/04/2010)
- Original (As enacted)
Version Superseded: 01/09/2018
Point in time view as at 06/04/2010. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Energy Act 2004, Section 72 is up to date with all changes known to be in force on or before 09 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[F1After section 16 of the 1993 Act (grant of authorisations) insert—
(1)This section applies where—
(a)a person (“the transferor”) holds an authorisation granted under section 13 in respect of the disposal of radioactive waste on or from premises situated on a nuclear site; and
(b)an application is made under this section for a transfer (in whole or in part) of that authorisation to another person (“the transferee”).
(2)An application under this section is one which—
(a)is made to the authorising authority jointly by the transferor and the transferee;
(b)is accompanied by the appropriate amount; and
(c)in the case of an application for a transfer relating to part only of the premises, identifies the part in question.
(3)The appropriate amount for the purposes of subsection (2) is—
(a)if the application is made to the appropriate Agency, the amount of the charge (if any) that is prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; and
(b)if it is made to the chief inspector, the prescribed fee.
(4)The authorising authority must, on receipt of the application (but subject to directions under section 25 and to subsection (6)), send a copy of the application to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the application relates.
(5)Before granting the application, the authorising authority must (subject to subsection (6)) consult everyone whom it would have been required to consult under section 16(4A) and (5) if—
(a)the transferee had applied for the grant of the authorisation that he would hold were the application to be granted; and
(b)in the case of a partial transfer, the transferor had applied for the grant (in place of his existing authorisation) of the authorisation he would hold in those circumstances.
(6)The authorising authority may proceed with the application without—
(a)sending a copy of the application to a local authority mentioned in subsection (4), or
(b)consulting an authority or body mentioned in section 16(5) about the proposed transfer,
if it appears to the authorising authority that arrangements for the disposal of radioactive waste are unlikely to be changed, as a result of the transfer, in a way that would be of interest to that authority or body.
(7)The authorising authority may grant the application if, and only if, it is satisfied—
(a)that the transferee has or will have operational control over the disposals to which the transferred authorisation will relate;
(b)that he is able and willing to ensure compliance with the limitations and conditions of the authorisation that he will hold if the application is granted; and
(c)that no other grounds exist on which it would be reasonable to refuse to grant the application.
(8)Where the authorising authority grants the application, it must—
(a)fix the date from which the transfer applied for is to have effect;
(b)furnish the transferee with a certificate containing all material particulars of the authorisation he holds as a result of the transfer;
(c)in the case of a partial transfer, furnish the transferor with a similar certificate as respects the authorisation he holds as a result of the transfer; and
(d)subject to directions under section 25, send a copy of the certificate furnished to the transferee, and of any certificate furnished to the transferor—
(i)to every local authority in whose area radioactive waste may be disposed of under the authorisation to which the certificate relates; and
(ii)to every person consulted about the transfer under so much of subsection (5) as requires consultation in accordance with section 16(5).
(9)The time fixed as the time from which the transfer is to have effect must be not less than twenty-eight days after the day (if any) on which the authorising authority, when it fixes that time, expects copies of the certificates mentioned in paragraph (d) of subsection (8) to be sent out in accordance with that paragraph.
(10)Subsection (9) does not apply if, in the opinion of the authorising authority, it is necessary for the transfer to have immediate effect or otherwise to be expedited.
(11)In this section “authorising authority”—
(a)in relation to an authorisation having effect in Great Britain, means the appropriate Agency; and
(b)in relation to an authorisation having effect in Northern Ireland, means the chief inspector.”]
Textual Amendments
F1Ss. 72-75 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 28 (with reg. 1(2), Sch. 4)
Commencement Information
I1S. 72 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: