be transferred to him until the expiry of its period of validity, if he is nominated by the family or families continuing to dwell on the vessel so to apply and if he was dwelling on the vessel at the time when a licence was first issued in respect of the vessel under the repealed Regulations.
(4) Subject to subsection (6), the Director may determine an application for the transfer of a licence made under subsection (2) or (3)—
- (a) by transferring the licence to the applicant until the expiry of its period of validity; or
- (b) by refusing to transfer the licence.
(5) If an application for the transfer of a licence is made under subsection (2) or (3) and the period of validity of the licence expires before the determination of the application, the licence shall continue in force until the determination of the application, the withdrawal of the application or the cancellation of the licence under section 8, whichever occurs first.
(6) If an application for the transfer of a licence is made under subsection (2) or (3) and the period of validity of the licence expires before the determination of the application, the Director may determine the application—
- (a) by issuing a licence to the applicant in accordance with subsection (7), in which case the Director shall be deemed to have determined the application in the manner provided in subsection (4)(a); or
- (b) by refusing to issue such a licence, in which case the Director shall be deemed to have determined the application in the manner provided in subsection (4)(b).
(7) A licence issued under subsection (6)(a)—
- (a) shall be in a form determined by the Director;
- (b) shall be subject to such conditions as the Director may specify under section 3(5); and
- (c) subject to the provisions of this Regulation, shall be in force for its period of validity, which shall be of the same length as the portion of the period of validity of the licence sought to be transferred that remained unexpired at the time of the making of the application for transfer.
(8) If, in the circumstances described in subsection (2) or (3), there is no person who may apply for the transfer of the licence in question under the relevant subsection, the licence in question shall lapse and the Director may require any person in possession of that licence to surrender it.
