Article 6 Transitional Period LicenceI1

England and Wales

(1)

The Authority may issue a transitional period licence within the first 7 years of the date of this Order, if the applicant—

(a)

on 30th January 2024, owned and operated a relevant fishing vessel named on a licence to dredge, fish for, or take cockles issued under the Thames Estuary Cockle Fishery Order 1994^f1;

(b)

is making an application for a transitional period licence for the first time under the provisions of this Order;

(c)

is not also making an application for a licence under article 5; and

(d)

satisfies the conditions specified in paragraph (5).

(2)

Applications to the Authority for a transitional period licence to dredge, fish for or take cockles within the regulated fishery must be made within the application window and in such manner as the Authority may determine.

(3)

The Authority may only issue one transitional period licence per person.

(4)

Paragraphs (2) to (11) of article 5 apply to a transitional period licence as if it were a licence issued under that article.

(5)

The conditions specified for the purposes of paragraph (1)(d) are that—

(a)

the applicant provides the Authority with a 7-year business plan; and

(b)

where the licence holder is to be a company, that company is in the same legal and beneficial ownership as it was on 30th January 2024.

(6)

Subject to paragraph (7), a transitional period licence ceases to be valid if—

(a)

where the licence holder is to be a company, that company changes either legal or beneficial ownership or both at any time during the 7-year period referred in to in article 5(6); or

(b)

during the 7-year period referred to in article 5(6),

(i)

a winding up petition is filed and approved for the winding up of the company, a winding up order is made, and an effective resolution is passed for the winding up of that company in any jurisdiction,

(ii)

an Administrator, Administrative Receiver or a Receiver is appointed over the undertaking or property of the company, or

(iii)

the company suspends payment, ceases to carry on its business, or fails to make special arrangements or composition with its creditors.

(7)

Notwithstanding paragraph (6), a transitional period licence continues to be valid if—

(a)

a licence holder or shareholder dies or suffers physical or mental incapacity during the term of the transitional period licence,

(b)

the Authority is notified in writing,

(c)

an application is made in writing to the Authority for the transitional period licence to continue, giving details of any changes to the legal or beneficial ownership of the company, and

(d)

the Authority approves the application and the continuation of the transitional period licence.

Annotations

Commencement

I1: Art. 6 in force at 18.12.2024, see art. 1(b)(ii)

Footnotes

f1: S.I. 1994/2329, as amended by the Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011, Schedule 2(1), paragraph 4 (S.I. 2011/603).