Regulation 9 Transfer of liability

(1)

A liable person (“the transferor”) may transfer their levy liability to another person by giving notice in writing (a “transfer notice”) to Natural England.

(2)

A transfer notice must include—

(a)

details of the relevant development;

(b)

the unique reference number issued by Natural England for the request to pay;

(c)

the transferor’s name and address;

(d)

details of each person to whom the transferor is transferring levy liability to allow for effective enforcement of the levy;

(e)

a declaration from each person to whom the transferor is transferring levy liability confirming that the person making the declaration agrees to the transfer of levy liability.

(3)

For the purposes of paragraph (2), a transfer notice is considered to transfer levy liability to every person who was jointly and severally liable with the transferor where it transfers levy liability to a person who—

(a)

is already a liable person, and

(b)

was jointly and severally liable with the transferor.

(4)

When Natural England receives a transfer notice—

(a)

the transferor ceases to be a liable person;

(b)

every person who is named in the transfer notice as a person to whom levy liability is transferred becomes a liable person (if they were not already).

(5)

A transfer notice has no effect on liability to pay a relevant amount for which the due date is on or before the day on which Natural England receives the notice, so that the transferor remains liable for any overdue relevant amount.