64Transfer of management licence or facility construction licence

64 Transfer of management licence or facility construction licence

(1) A management licence holder or a facility construction licence holder may apply to the Secretary for approval to transfer their licence to another person.

(2) An application under this section must be—

(a) in a form approved by the Secretary; and

(i) any information required by the Secretary; and

(3) On receipt of an application under this section, the Secretary may approve, or refuse to approve, the transfer of the licence.

(4) The Secretary may refuse to approve the transfer of the licence if the Secretary considers that—

(a) the person to whom the licence is to be transferred is not a fit and proper person to hold the licence; or

(b) it is necessary to do so in the interests of the health or safety of persons or the safety of the environment; or

(c) the application does not comply with the requirements of this Part.

(5) The Secretary must notify the applicant within 14 days after his or her decision to approve, or refuse to approve, the transfer of the licence.

(6) If the Secretary refuses to approve the transfer of the licence, the Secretary must also—

(a) notify the applicant about how the applicant may seek review of the Secretary's decision to refuse to approve the transfer of the licence; and

(b) give the applicant a statement of reasons for refusing to approve the transfer of the licence.

(7) A notification under this section and the statement of reasons given under subsection (6)(b) must be in writing.

(8) A transfer of a licence takes effect on—

(a) the day on which it is approved by the Secretary; or

(b) a date specified in the approval.

(9) The date specified in the approval must not be a date before the day on which the transfer of the licence is approved.