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In forceUpdated to 1 Jul 2026
Contents

Part 2 · Licensing of Operators Ofsocial Residential Homes

13. Restriction on transfer of licence

(1)

A licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless the Director‑General consents in writing to the transfer or assignment.

(2)

An application for the Director‑General’s consent under subsection (1) must be made jointly in writing by —

(a)

the licensee; and

(b)

the intended transferee,no later than a prescribed time, being a time before the licence expires.

(3)

After considering the matters mentioned in section 8(2) and any other matters that may be prescribed, the Director‑General may —

(a)

subject to subsection (4), give consent under subsection (1) for the transfer or assignment; or

(b)

refuse (without compensation) to give consent for the transfer or assignment.

(4)

Any consent under subsection (1) may be given subject to compliance with any conditions that the Director‑General thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for modifications to, the conditions of the licence, but section 11(2), (3) and (4) does not apply to, or in relation to, these modifications to the conditions of the licence.

(5)

A transfer or an assignment, or a purported transfer or assignment, of a licence, or of any rights, benefits or privileges under the licence, is void and of no effect —

(a)

if the licence is not capable of transfer or assignment;

(b)

if the transfer or assignment, or purported transfer or assignment, contravenes a condition of the licence; or

(c)

if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition imposed under subsection (4).

(6)

In this section, “intended transferee”, for a licence, means the person to whom the licence, or any rights, benefits or privileges under the licence, is intended to be transferred or assigned.

Part 3

Special Duties of Licensees

Part 4

Approval of Key Appointment Holders, Persons‑In‑Charge and Persons Performing Duties in Licensable Social Residential Homes

Part 5

Codes of Practice and Directions

Part 6

Step‑In Arrangements for Licensees

Part 7

Regulatory Actions

Part 8

Protection of Residents

Part 9

Enforcement

Part 10

Appeals

Part 11

Administration

Part 12

Miscellaneous

Part 13

Repeal, Consequential and Related Amendments to Other Acts and Final Provisions

Schedules