Hazardous Substances and New Organisms Act 1996

95B Licences

• (1) This section applies if the Authority approves a substance subject to an obligation referred to in section 77A(2)(b) (namely, that a person must obtain a licence under this section before possessing the substance).

  (2) An application for a licence under this section must—

  • (a) be made in a form prescribed by regulations referred to in subsection (4) or (in the absence of such regulations) in a form determined by the Authority; and

  • (b) be accompanied by the appropriate charge (if any) fixed under section 21.

  (3) The Authority—

  • (a) must grant a licence under this section if satisfied that the applicant—

    • (i) is a fit and proper person to possess the substance concerned; and

    • (ii) meets the relevant test certification requirements that apply to the substance under section 82; and

  • (b) may make the licence subject to any conditions it may specify in the licence.

  (4) Regulations made under section 76 or section 140, or both, may (without limitation)—

  • (a) specify the criteria the Authority must consider in deter-mining whether the applicant is a fit and proper person:

  • (b) specify any other matters that the Authority may consider in determining whether to grant a licence under this section:

  • (c) prescribe the form of an application for a licence under this section:

  • (d) provide for the variation of licences under this section and provide for their revocation:

  • (e) provide for any other matters necessary for the administration of licences under this section.

  (5) The holder of a licence granted under this section is authorised to possess the substance specified in the licence in accordance with the approval of the substance and the holder's licence.

  Section 95B: inserted, on 24 March 2004, by section 6 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).