Water Act 2003

Discharge consents

87 Transfer of discharge consents

(1) Paragraph 11 of Schedule 10 to the WRA (transfer of discharge consents) is amended as follows.

(2) In sub-paragraph (2), the words “, subject to sub-paragraph (4) below,” are omitted.

(3) In sub-paragraph (3), the words “, subject to sub-paragraph (4) below,” are omitted.

(4) Sub-paragraph (4) is omitted.

(5) For sub-paragraph (6) there is substituted—

“(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.”

(6) In sub-paragraph (9), the words “(6) or” are omitted.