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Housing (Scotland) Act 2014

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This is the original version (as it was originally enacted).

68Revocation of a Part 1A site licence: fit and proper person

This section has no associated Explanatory Notes

After section 32K of the 1960 Act (inserted by section 67), insert—

32LRevocation of a Part 1A site licence: fit and proper person

(1)A local authority which issued a Part 1A site licence may revoke the licence if the authority is satisfied—

(a)that the licence holder is not, or is no longer, a fit and proper person to hold a site licence,

(b)in the case where the licence holder is not a natural person, that the individual who holds the most senior position within the management structure of the relevant partnership, company or body is not, or is no longer, a fit and proper person in relation to a site licence,

(c)that any person appointed by the licence holder to manage the site is not, or is no longer, a fit and proper person to do so, or

(d)in the case where a person appointed by the licence holder to manage the site is not a natural person, that any individual who is directly concerned with the management of the site on behalf of that manager is not, or is no longer, a fit and proper person to do so.

(2)Where a local authority proposes to revoke a Part 1A site licence under this section, the authority must serve on the licence holder a notice stating that—

(a)it is considering revoking the licence under this section and its reasons for doing so, and

(b)the licence holder has the right to make written representations to the authority before the date which is specified in the notice (such date to be at least 28 days after the date on which the notice is given).

(3)In making its decision under this section the local authority must consider any representations made in accordance with subsection (2)(b).

(4)Where a local authority revokes a licence under this section, the authority must serve on the person who held the licence a notice which—

(a)states that the authority has revoked the licence,

(b)explains the right of appeal conferred by section 32M.

(5)Where a local authority revokes a licence under this section, the authority must give to the person who held the licence its reasons for doing so..

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