PART 2Stationary installations

CHAPTER 1Permits

Transfer of permits12

1

Subject to paragraph (6), the holder of a permit (“the current operator”) and another person may jointly apply to the regulator for the permit to be transferred to that other person (“the new operator”).

2

An application may also be made under paragraph (1) for the partial transfer of a permit; and for that purpose a “partial transfer” is a transfer in respect of—

a

some only of the installations to which the permit relates; or

b

some only of the parts of an installation to which the permit relates.

3

Paragraph 3 of Schedule 4 makes further provision about the transfer, or partial transfer, of a permit.

4

Subject to paragraph 3(2)(b) of Schedule 4, an application under paragraph (1) must be granted if the regulator is satisfied that—

a

the application is duly made, and

b

the new operator will (from the relevant date) be the operator of the installation and will be capable of monitoring and reporting emissions from the installation in accordance with—

i

the monitoring and reporting requirements of the greenhouse gas emissions permit, or

ii

the monitoring and reporting conditions of the excluded installations emissions permit,

but must otherwise be refused.

5

For the purposes of paragraph (4), the relevant date is the date mentioned in paragraph 3(6), (8) or (10) of Schedule 4 as the case may be.

6

An application for the transfer (or partial transfer) of a permit may not be made in respect of any installation (or part of an installation) that has ceased operation.