Paragraph 28 Power of revocationI1

United Kingdom

(1)

If any of the events specified in the following paragraph shall occur then and in any such case the Minister may revoke this licence and thereupon the same and all the rights hereby granted shall cease and determine but subject nevertheless and without prejudice to any obligation or liability incurred by the Licensee or imposed upon him by or under the terms and conditions hereof.

(2)

The events referred to in the foregoing paragraph are—

(a)

any breach or non-observance by the Licensee of any of the terms and conditions of this licence;

(b)

the bankruptcy of the Licensee;

(c)

the making by the Licensee of any arrangement or composition with his creditors;

(d)

if the Licensee is a company, the appointment of a receiver or any liquidation whether compulsory or voluntary;

(e)

the Licensee’s ceasing, in the case of a company, to have its central management and control in the United Kingdom;

and where two or more persons are the Licensee any reference to the Licensee in sub-paragraphs (b) to (e) of this paragraph is a reference to any of those persons.

(3)

The Minister may revoke this licence, with the like consequences as are mentioned in paragraph (1) of this clause, if—

(a)

the Licensee is a company; and

(b)

there is a change in the control of the Licensee; and

(c)

the Minister serves notice in writing on the Licensee stating that the Minister proposes to revoke this licence in pursuance of this paragraph unless such a further change in the control of the Licensee as is specified in the notice takes place within the period of three months beginning with the date of service of the notice; and

(d)

that further change does not take place within that period.

(4)

There is a change in the control of the Licensee for the purposes of paragraph (3)(b) of this clause whenever a person has control of the Licensee who did not have control of the Licensee when this licence was granted F1(or, if there has been an assignment or assignation of rights conferred by this licence, when those rights were assigned to the Licensee); and subsections (2) and (4) to (6) of section 416 of the Income and Corporation Taxes Act 1988^f1 shall apply for the purpose of determining whether for the purposes of this paragraph a person has or had control of the Licensee, with the following modifications, namely—

(a)

for the words “the greater part” wherever they occur in the said subsection (2) there shall be substituted the words “one-third or more”; and

(b)

in the said subsection (6), for the word “may” there shall be substituted the word “shall”, the words from “and such attributions” onwards shall be omitted and in the other provisions of that subsection any reference to an associate of a person shall be construed as including only a relative of his (as defined by section 417(4) of that Act), a partner of his and a trustee of a settlement (as defined by section 681(4) of that Act) of which he is a beneficiary.

(5)

Where two or more persons are the Licensee and any of them is a company, paragraphs (3) and (4) of this clause shall have effect as if—

(a)

sub-paragraph (a) of paragraph (3) were omitted;

(b)

in sub-paragraph (b) of that paragraph, after the word “of” there were inserted the words “any company included among the persons who together constitute”; and

(c)

for the word “Licensee” in any other provision of those paragraphs there were substituted the word “company.”.

Annotations

Textual amendments

F1: Words in Sch. 12 Pt. 2 clause 28(4) inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 3 para. 12(4); S.I. 2009/45, art. 2(c)(ii)

Commencement

I1: Sch. 12 clause 28 in force at 15.2.1999, see art. 1

Footnotes

f1: 1988 c. 1.