http://www.legislation.gov.uk/ukpga/1986/44/section/8AAGas Act 1986Gas Act 19861986-07-25texttext/xmlenStatute Law Database2025-12-02Expert Participation2025-11-13 Part I Gas Supply<Addition ChangeId="d29p460" CommentaryRef="c14411851"> Licensing of activities relating to gas</Addition><Addition ChangeId="d29p1700" CommentaryRef="c14413331"> Transfer of licences.</Addition>8AA1A licence—ashall be capable of being transferred by the licence holder, with the consent of the Authority, in accordance with this section and subject to any term of the licence relating to its transfer;bmay include conditions which must be complied with before the licence can be transferred.2A transfer may relate to the whole or any part of the licence.3The reference in subsection (2) to part of a licence is a reference to a part of the activities authorised by the licence (whether described by reference to activities being carried on by the licence holder or to activities which he is authorised to carry on).4Such consent may be given subject to compliance with such modification or other conditions as the Authority considers necessary or expedient.5In the case of a partial transfer, conditions imposed under subsection (4) may make as respects so much of the licence as is proposed to be retained by the transferor provision different from that made as respects so much of the licence as is proposed to be transferred.6In deciding whether to give its consent to a proposed transfer, the Authority shall apply the same criteria as it would apply if the Authority were deciding whether—ain the case of a general transfer, to grant a corresponding licence to the transferee; orbin the case of a partial transfer—ito grant to the transferee a licence corresponding to so much of the licence as is proposed to be transferred; andiito grant to the transferor a licence corresponding to so much of the licence as is proposed to be retained.7The Authority shall—agive the Health and Safety Executive not less than 28 days’ notice of any proposal to consent to any proposed transfer; andbgive that Executive and the Secretary of State not less than 28 days’ notice of any proposal to impose a modification condition.8If, before the expiry of the time specified in a notice given to the Secretary of State under subsection (7)(b), the Secretary of State directs the Authority not to impose the condition, the Authority shall comply with the direction.9Before giving consent to the transfer of a licence, the Authority shall give notice—astating that it proposes to grant consent to the transfer;bstating the reasons why it proposes to give consent; andcspecifying the time from the date of publication of the notice (not being less than two months) within which representations or objections with respect to the transfer may be made,and shall consider any representations or objections that are duly made and not withdrawn.10A notice under subsection (9) shall be given by publishing the notice in such manner as the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the transfer.10ASubject to subsection (10C), the Authority shall, following consideration of any representations or objections under subsection (9), give the Secretary of State not less than 28 days’ notice of any proposal to give consent to the transfer of the whole or any part of a smart meter communication licence.10BIf, before the expiry of the time specified in a notice under subsection (10A), the Secretary of State directs the Authority not to give consent, the Authority shall comply with that direction.10CWhere the Secretary of State does not give a direction under subsection (10B), the Authority may give consent to the transfer of the licence after—athe expiry of the time specified in the notice under subsection (10A); orbif earlier than the time in paragraph (a), the time at which the Secretary of State informs the Authority that no direction will be given under subsection (10B) in relation to the notice.10DSubsections (10A) to (10C) do not apply after 1 November 2028.11A purported transfer of a licence shall be void—aif the licence is not capable of transfer or the Authority has not given its consent;bif the purported transfer is in breach of a condition of the licence; orcif there has, before the purported transfer, been a contravention of a condition subject to compliance with which the Authority’s consent is given.11ZAA gas system planner licence may not be transferred to a person unless a licence granted under section 6(1)(da) of the Electricity Act 1989 is also transferred to the same person at the same time.11AA smart meter communication licence may not be transferred to a person unless a licence granted under section 6(1)(f) of the Electricity Act 1989 is also transferred to the same person at the same time.11BWhere the holder of a code manager licence is also the holder of a licence under section 6(1)(g) of the Electricity Act 1989, the code manager licence may not be transferred to a person unless the licence under section 6(1)(g) of that Act is transferred to the same person at the same time.12In this section—“transfer” includes any form of transfer or assignment or, in Scotland, assignation;“modification condition” means a condition requiring or otherwise providing for the making of modifications to the conditions of a licence.Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2S. 5 and cross-heading preceding it substituted (1.3.1996) by 1995 c. 45, s. 3; S.I. 1996/218, art. 2S. 8AA substituted (1.10.2001) by 2000 c. 27, s. 85; S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)S. 8AA(11A) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 23(3)Ss. 8AA(10A)-(10D) inserted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 23(2)Words in s. 8AA(10D) substituted (26.10.2023) by Energy Act 2023 (c. 52), ss. 215(2)(a), 334(2)(k)S. 8AA(11ZA) inserted (31.1.2024) by Energy Act 2023 (c. 52), ss. 168(5), 334(1); S.I. 2024/32, reg. 3(a)(v)S. 8AA(11B) inserted (10.9.2024) by Energy Act 2023 (c. 52), ss. 185(14), 334(1); S.I. 2024/890, reg. 2(b)(ii)