The Licensing of Relevant Permanent Sites (Scotland) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the licensing of relevant permanent sites under Part 1A of the Caravan Sites and Control of Development Act 1960 (“the Act”).

Regulation 2 sets out the information which must be supplied in an application for a new Part 1A site licence and regulation 3 sets out what is needed for an application for renewal of an existing site licence. These applications must also meet the other requirements contained in section 32B of the Act.

The information which must be supplied in an application to transfer a Part 1A site licence is set out in regulation 4.

Regulation 5 sets out the respective 3 month time limits for determining a relevant permanent site application and an application for consent to transfer a Part 1A site licence.

The matters that a local authority can take into account when setting a fee for a relevant site application are detailed in regulation 6.

Regulation 7 ensures that the reasons for a decision by the local authority in relation to a licence are provided at the same time as the decision is notified.

Regulation 8 makes provision regarding the effect of various appeals, if successful.

In terms of regulation 9(1) the sheriff must ensure that the appointment of an interim manager contains such powers as the sheriff considers are necessary to enable the interim manager to manage the site. Regulation 9(2) sets out some specific examples of powers that can be included.

Regulation 10 requires the licence holder and any site manager to assist the interim manager and provide the interim manager with such information as the interim manager reasonably requests.

Regulation 11 creates offences of contravening regulation 10 and of obstruction. Regulation 12 makes it clear that individuals can be liable even where it is a body corporate that has committed the offence.