Part V

Amendment of the Gas Act 1986

Gas licensing

Transfer of gas licences.
85
For section 8AA of the 1986 Act (assignment of gas licences) there is substituted—

Transfer of licences.
8AA
1
A licence—
a
shall 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;
b
may include conditions which must be complied with before the licence can be transferred.
2
A transfer may relate to the whole or any part of the licence.
3
The 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).
4
Such consent may be given subject to compliance with such modification or other conditions as the Authority considers necessary or expedient.
5
In 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.
6
In 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—
a
in the case of a general transfer, to grant a corresponding licence to the transferee; or
b
in the case of a partial transfer—
i
to grant to the transferee a licence corresponding to so much of the licence as is proposed to be transferred; and
ii
to grant to the transferor a licence corresponding to so much of the licence as is proposed to be retained.
7
The Authority shall—
a
give the Health and Safety Executive not less than 28 days’ notice of any proposal to consent to any proposed transfer; and
b
give that Executive and the Secretary of State not less than 28 days’ notice of any proposal to impose a modification condition.
8
If, 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.
9
Before giving consent to the transfer of a licence, the Authority shall give notice—
a
stating that it proposes to grant consent to the transfer;
b
stating the reasons why it proposes to give consent; and
c
specifying 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.
10
A 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.
11
A purported transfer of a licence shall be void—
a
if the licence is not capable of transfer or the Authority has not given its consent;
b
if the purported transfer is in breach of a condition of the licence; or
c
if there has, before the purported transfer, been a contravention of a condition subject to compliance with which the Authority’s consent is given.
12
In 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.
S. 85 wholly in force at 1.10.2001; s. 85 not in force at Royal Assent see s. 110(2); s. 85 in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)