Schedules

Schedule 9Licensing: transitional provision relating to Part 4

Part 3Food and Environment Protection Act 1985

Licences previously issued and outstanding applications

I14

1

Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—

a

is in effect immediately before the commencement date, and

b

relates to the doing of anything which—

i

falls within section 5 or 6 of that Act, and

ii

is an activity which, on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,

has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).

2

In accordance with sub-paragraph (1)—

a

a licence issued for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;

b

any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act has effect as if it were a condition attached to the deemed licence.

3

Any reference in sub-paragraph (1) or (2) to a FEPA licence, or to a provision included in such a licence, includes a reference to a licence deemed to have been issued, or a provision deemed to have been included, by virtue of provision included in a order granting development consent (see paragraphs 29 and 30 of Schedule 5 to the Planning Act 2008 (c. 29)).

4

Any application for a FEPA licence which—

a

was made before the commencement date, and

b

relates to an activity which—

i

falls within section 5 or 6 of FEPA, and

ii

on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.

5

An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 67(1)(b) of this Act in respect of the deemed licence.

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1

Despite the amendments made by paragraph 2 of Schedule 8, paragraphs 5 to 17 of Schedule 3 to FEPA continue to apply in any case where a person—

a

makes written representations (in accordance with paragraph 5 of that Schedule) before the commencement date, or

b

within the period of 28 days ending with that date, is issued with a FEPA licence or receives notice under paragraph 1, 3 or 4 of that Schedule.

2

Sub-paragraph (1) has effect in place of any provision made under section 73 of this Act for appeals against any decision of an appropriate licensing authority on an application for a licence.