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The Environmental Permitting (England and Wales) (Amendment) Regulations 2012

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Regulation 21 (transfer of an environmental permit)

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7.  In regulation 21 of the principal Regulations—

(a)for paragraph (1) substitute—

“(1) The regulator may transfer to a proposed transferee an environmental permit or any part of an environmental permit—

(a)if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the application of the proposed transferee only,

(b)if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint application of B and the proposed transferee, or

(c)otherwise, on the joint application of the operator and the proposed transferee.”;

(b)for paragraph (4) substitute—

“(4) The regulator may transfer to a proposed transferee an environmental permit to which paragraph (1) does not apply, or any part of that permit—

(a)if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the notification of the proposed transferee only;

(b)unless sub-paragraph (c) applies, if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint notification of B and the proposed transferee;

(c)if the operator is two or more individuals (A and B) and the proposed transferee is two or more individuals (B and C), where B is both an operator and a proposed transferee—

(i)on the joint notification of A and C, or

(ii)if the regulator is satisfied that A cannot be found, on the notification of C only; or

(d)otherwise, on the joint notification of the operator and the proposed transferee.”; and

(c)after paragraph (7) insert—

“(8) Unless a proposed transferee makes a joint application or gives a joint notification, the regulator may not transfer to the proposed transferee an environmental permit or any part of an environmental permit in respect of a regulated facility that ceased to be in operation more than 6 months before the proposed date of transfer.”.

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