Transfer of process authorisations | EPA 1990 s. 9
EPA 1990 s. 9 allows transferring a prescribed process authorisation. The new holder must notify the authority in writing within twenty-one days.
An authorisation for the carrying on of any prescribed process may be transferred by the holder to a person who proposes to carry on the process in the holder’s place. Where an authorisation is transferred under this section, the person to whom it is transferred shall notify the enforcing authority in writing of that fact not later than the end of the period of twenty-one days beginning with the date of the transfer. An authorisation which is transferred under this section shall have effect on and after the date of the transfer as if it had been granted to that person under section 6 above, subject to the same conditions as were attached to it immediately before that date.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows an environmental authorisation for a regulated process to be transferred from the current holder to a new person who intends to run the process in their place.
When a transfer occurs, the new holder must send written notice of the transfer to the enforcing authority. This notice must be given no later than twenty-one days after the transfer date.
From the transfer date onward, the transferred authorisation remains valid as if originally granted under section 6, maintaining the exact same conditions that were attached immediately before the transfer.
When it applies
- Transferring an existing industrial process authorisation to a new business owner taking over the site.
- Notifying an enforcing authority in writing within twenty-one days of taking over a regulated process.
- Operating a regulated plant under the prior owner's authorisation conditions following a legal transfer.
What this section does not say
- Applying for a original authorisation for a new process, which is governed by section 6.
- Varying or altering the conditions attached to an existing permit during or after a transfer.
- Maintaining or inspecting public registers of authorisations, which is governed by section 95.
Related sections
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This page reproduces the text of EPA 1990 s. 9 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.