OpenLegislation

Regulation 7 Putting the transfer into effect

Original text. Later amendments are not shown.

(1)

Subject to paragraph (3), a transfer of the rights and obligations under a grant of RSA shall be effected by the holder or concurrent holders of the grant of RSA surrendering that grant to OFCOM and by OFCOM granting a new one to the transferee and—

(a)

in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), the holder or concurrent holders who made the transfer; and

(b)

in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.

(2)

Subject to paragraph (3), a transfer of the rights and obligations under a licence shall be effected by the holder or concurrent holders of the licence surrendering that licence to OFCOM and by OFCOM granting a new one to the transferee and—

(a)

in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), the holder or concurrent holders who made the transfer; and

(b)

in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.

(3)

Where a notice has been given to OFCOM under regulation 6(1)(h) that the transfer will involve a conversion, a transfer of the rights and obligations under a grant of RSA or a licence shall be effected by—

(a)

the holder or concurrent holders of the grant of RSA or the licence surrendering that grant of RSA or that licence to OFCOM;

(b)

OFCOM granting—

(i)

where the transfer is of rights and obligations under a licence, a new grant of RSA to the transferee;

(ii)

where the transfer is of rights and obligations under a grant of RSA, a new licence to the transferee; and

(c)

OFCOM granting a new grant of RSA or a new licence—

(i)

in the case of a transfer which satisfies the condition set out in regulation 3(2)(b), to the holder or concurrent holders who made the transfer;

(ii)

in the case of a transfer authorised by regulation 4, to the holder or concurrent holders who made the transfer.