SCHEDULE 6Permits

PART 2Greenhouse gas emissions permits and hospital or small emitter permits

Transfer of permits: application

7.

(1)

Subject to sub-paragraphs (3) and (4), a permit holder (the “transferring operator”) and another person (the “new operator”) may jointly apply to the regulator—

(a)

for the transfer of the permit to the new operator;

(b)

for the partial transfer of the permit to the new operator.

(2)

For the purposes of this Order, the partial transfer of a permit is the transfer in respect of part of the installation at which the permit authorises a regulated activity to be carried out.

(3)

An application for the transfer or partial transfer of a permit may not be made in respect of an installation (or part of an installation) F1in circumstances in which the transferred activities have ceased to be carried out unless the transferring operator is satisfied that the new operator intends to resume those activities.

(4)

An application may not be made for the partial transfer of a hospital or small emitter permit.

(5)

In this paragraph and paragraphs 8 to 10—

“existing permit” has the meaning given in F2paragraph 9(3A) or (5);

“new operator” has the meaning given in sub-paragraph (1);

“transferred activities” has the meaning given in paragraph F38(1)(a);

“transferred units” has the meaning given in paragraph F38(1)(a);

“transferring operator” has the meaning given in sub-paragraph (1).