Marine and Coastal Access Act 2009

72Variation, suspension, revocation and transferU.K.

This section has no associated Explanatory Notes

(1)A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that there has been a breach of any of its provisions.

(2)A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that—

(a)in the course of the application for the licence, any person either supplied information to the authority that was false or misleading or failed to supply information, and

(b)if the correct information had been supplied the authority would have, or it is likely that the authority would have, refused the application or granted the licence in different terms.

(3)A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that the licence ought to be varied, suspended or revoked—

(a)because of a change in circumstances relating to the environment or human health;

(b)because of increased scientific knowledge relating to either of those matters;

(c)in the interests of safety of navigation;

(d)for any other reason that appears to the authority to be relevant.

(4)A suspension under subsection (1), (2) or (3) is for such period as the authority specifies in the notice of suspension.

(5)A licensing authority may by further notice extend the period of a suspension.

(6)But a licence may not by virtue of this section be suspended for a period exceeding 18 months.

(7)On an application made by a licensee, the licensing authority which granted the licence—

(a)may transfer the licence from the licensee to another person, and

(b)if it does so, must vary the licence accordingly.

(8)A licence may not be transferred except in accordance with subsection (7).

Modifications etc. (not altering text)

C8S. 72 applied in part (E.W.S.) (20.2.2013) by The Kentish Flats Extension Order 2013 (S.I. 2013/343), art. 1, Sch. 2 para. 2(5) (with arts. 13, 14)

C9S. 72 applied (with modifications) (E.W.S.) (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), art. 1, Sch. 10 para. 5, Sch. 11 para. 5 (with arts. 37, 38, Sch. 9 paras. 19)

C11S. 72 applied (with modifications) (E.W.S.) (26.9.2014) by The Burbo Bank Extension Offshore Wind Farm Order 2014 (S.I. 2014/2594), art. 1, Sch. 2 para. 5, Sch. 3 para. 5

C13S. 72 applied in part (with modifications) (E.W.S.) (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), art. 1, Sch. 8 para. 2(5), Sch. 9 para. 2(5), Sch. 10 para. 2(6), Sch. 11 para. 2(8) (with arts. 37, 38)

C14S. 72 applied (with modifications) (E.W.S.) (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), art. 1, Sch. 7 para. 5 (with art. 44)

C15S. 72 applied (with modifications) (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), art. 1(2), Sch. 8 para. 2(5), Sch. 9 para. 2(7), Sch. 10 para. 2(5), Sch. 11 para. 2(7) (with arts. 37, 38)

C17S. 72 applied (with modifications) (E.W.S.) (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), art. 1, Sch. 10 para. 7, Sch. 11 para. 7, Sch. 12 para. 7, Sch. 13 para. 7, Sch. 14 para. 7, Sch. 15 para. 7 (with arts. 36, 37, Sch. 8 para. 34)

C35S. 72 applied (with modifications) (E.W.S.) (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), art. 1(2), Sch. 13 Pt. 1 para. 7 (with arts. 40, 41)

C36S. 72 applied (with modifications) (E.W.S.) (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), art. 1(2), Sch. 14 Pt. 1 para. 7 (with arts. 40, 41)

C42S. 72(7)(8) excluded (E.W.S.) by S.I. 2014/2950, art. 5 (as substituted (28.7.2016) by The Walney Extension Offshore Wind Farm (Amendment) Order 2016 (S.I. 2016/810), arts. 1, 2(2))

C43S. 72(7)(8) excluded (E.W.S) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 8(10) (with arts. 35, 36)

C45S. 72(7)(8) excluded (E.W.) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 5(12) (with art. 37)

C49S. 72(7)(8) excluded (E.W.S.) (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 5(14) (with arts. 40, 41)

Commencement Information

I1S. 72 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)