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Part 5 E+W+SOperating Licences

DurationE+W+S

112Renewal of licenceE+W+S

(1)Where an operating licence is subject to a determination under section 111, the licensee may apply to the Commission for renewal of the licence.

(2)The provisions of this Part shall apply in relation to an application for renewal as they apply in relation to an application for a licence—

(a)subject to the provisions of this section, and

(b)with any other necessary modifications.

(3)An application for renewal of an operating licence may be made only during the period which—

(a)begins three months before the date on which the licence would otherwise expire by virtue of section 111, and

(b)ends one month before the date on which the licence would otherwise expire by virtue of that section.

(4)Where an application for renewal of an operating licence is awaiting determination on the date when it would expire by virtue of section 111, the licence shall continue to have effect by virtue of this subsection until the application is determined (unless it ceases to have effect by virtue of section 113, 114, 115, 118 or 119).

(5)A direction or regulations under this Part which relate to an application for an operating licence may make—

(a)provision which applies only in the case of an application for renewal;

(b)provision which does not apply in the case of an application for renewal;

(c)different provision in relation to an application for renewal from that made in relation to an application for an operating licence.

(6)An application for renewal must (in addition to anything required by section 69) be accompanied by—

(a)the licence to be renewed, or

(b)a statement explaining why it is not reasonably practicable to submit the licence to be renewed.

(7)The Commission shall determine the period during which a renewed operating licence is to have effect (subject to sections 113, 114, 115, 118 and 119); and the Commission—

(a)may determine different periods for operating licences authorising different classes of activity (but may not otherwise determine different periods for different licences),

(b)may alter a determination (but an alteration shall have effect only in relation to licences issued after the alteration), and

(c)shall publish any determination under this subsection as part of a statement (or revised statement) under section 23.

(8)The Secretary of State may by order amend subsection (3) so as to substitute a different time for a time specified.

Modifications etc. (not altering text)

Commencement Information

I1S. 112 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)