The following Restructuring & Insolvency guidance note Produced in partnership with Ashurst LLP provides comprehensive and up to date legal information covering:
Some business operations which have an impact on the environment are likely to require an environmental permit from the Environment Agency (EA) or a local authority. Environmental permitting replaced and simplified the need to obtain various consents under other regimes including waste management licensing, discharge consents and pollution prevention and control permits.
For example, in order for a business to deal with controlled waste (ie any household, commercial or industrial waste), it must have an environmental permit (previously a waste management licence). The environmental permitting regime came into force on 6 April 2008 and thus waste management licences which existed before 5 April 2008 automatically became environmental permits after this date. Carrying out specified operations without a permit, or operating in breach of conditions attached to a permit, is a criminal offence.
If an insolvency practitioner is dealing with a business which has an environmental permit and is continuing to operate, they should ensure that it is able to continue to do so lawfully and in accordance with the conditions imposed on the permit.
If the business does not have sufficient resources to comply with the conditions of its permit, and it is likely that the company will be placed into liquidation so the company can be wound up and its creditors paid with any remaining proceeds. A
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.