Water Resources Act 1991

F1 11 (1) A consent under paragraph 3 or 6 above may be transferred by the holder to a person who proposes to carry on the discharges in place of the holder. E+W

(2) On the death of the holder of a consent under paragraph 3 or 6 above, the consent shallF2 ...be regarded as property forming part of the deceased’s personal estate, whether or not it would be so regarded apart from this sub-paragraph, and shall accordingly vest in his personal representatives.

(3) If a bankruptcy order is made against the holder of a consent under paragraph 3 or 6 above, the consent shallF3 ... be regarded for the purposes of any of the Second Group of Parts of the M1 Insolvency Act 1986 (insolvency of individuals; bankruptcy), as property forming part of the bankrupt’s estate, whether or not it would be so regarded apart from this sub-paragraph, and shall accordingly vest as such in the trustee in bankruptcy.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A consent under paragraph 3 or 6 above which is transferred to, or which vests in, a person under this section shall have effect on and after the date of the transfer or vesting as if it had been granted to that person under paragraph 3 or 6 above, subject to the same conditions as were attached to it immediately before that date.

[F5 (6) Where a consent under paragraph 3 or 6 above is to be transferred under sub-paragraph (1) above—

(a) the person from whom and the person to whom the consent is to be transferred shall give joint notice to the Agency of the proposed transfer;

(b) the notice may specify the date on which it is proposed that the transfer should take effect;

(c) within twenty-one days beginning with the date of receipt of the notice duly given in accordance with sub-paragraph (6A) below, the Agency shall—

(i) arrange to amend the consent by substituting the name of the transferee as holder of the consent; and

(ii) serve notice on the transferor and the transferee that the amendment has been made; and

(d) the transfer shall take effect from the later of—

(i) the date on which the Agency amends the consent; and

(ii) the date (if any) specified in the joint notice under paragraph (a) above.

(6A) A joint notice under sub-paragraph (6)(a) above shall include such information as may be prescribed.

(6B) If the person from whom the consent is to be transferred is a person in whom the consent has vested by virtue of sub-paragraph (2) or (3) above, a joint notice given under sub-paragraph (6)(a) above shall be of no effect unless the notice required by sub-paragraph (7) below has been given.

(6C) A notice or other instrument given by or on behalf of the Agency pursuant to sub-paragraph (6) above shall not constitute an instrument signifying the consent of the Agency for the purposes of paragraph 8 above.]

(7) Where a consent under paragraph 3 or 6 above vests in any person as mentioned in sub-paragraph (2) or (3) above, that person shall give notice of that fact to the Agency not later than the end of the period of fifteen months beginning with the date of the vesting.

(8) If—

(a) a consent under paragraph 3 or 6 above vests in any person as mentioned in sub-paragraph (2) or (3) above, but

(b) that person fails to give the notice required by sub-paragraph (7) above within the period there mentioned,

the consent, to the extent that it permits the making of any discharges, shall cease to have effect.

(9) A person who fails to give a notice which he is required by sub-paragraph F6 ... (7) above to give shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Textual Amendments

F1 Sch. 10 substituted (21.11.1996 for certain purposes otherwise 31.12.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, arts. 2, 3 (with art. 4)

F2 Words in Sch. 10 para. 11(2) repealed (1.10.2004) by Water Act 2003 (c. 37), ss. 87(2), 105(3); S.I. 2004/2528, art. 2(r)(u) (with Sch. paras. 6, 8)

F3 Words in Sch. 10 para. 11(3) repealed (1.10.2004) by Water Act 2003 (c. 37), ss. 87(3), 105(3); S.I. 2004/2528, art. 2(r)(u) (with Sch. paras. 6, 8)

F4 Sch. 10 para. 11(4) repealed (1.10.2004) by Water Act 2003 (c. 37), ss. 87(4), 105(3), Sch. 9 Pt. 3; S.I. 2004/2528, art. 2(r)(u) (with Sch. paras. 6, 8)

F5 Sch. 10 para. 11(6)-(6C) substituted for Sch. 10 para. 11(6) (1.10.2004) by Water Act 2003 (c. 37), ss. 87(5), 105(3); S.I. 2004/2528, art. 2(r) (with Sch. paras. 6, 8)

F6 Words in Sch. 10 para. 11(9) repealed (1.10.2004) by Water Act 2003 (c. 37), ss. 87(6), 105(3), Sch. 9 Pt. 3; S.I. 2004/2528, art. 2(r)(u) (with Sch. paras. 6, 8)

Modifications etc. (not altering text)

C1 Sch. 10 para. 11 applied (with modifications) (1.1.1999 for certain purposes otherwise 1.4.1999) by S.I. 1998/2746, reg. 14(4)

Marginal Citations

M1 1986 c. 45.