Caravan Sites and Control of Development Act 1960 (c. 62)

[F1 PART 1A S Licensing of relevant permanent sites in Scotland]

Textual Amendments

F1 Pt. 1A heading inserted (S.) (20.11.2014 for the purposes of ss. 32B-32I, 32N, 32Y, 1.5.2017 for remaining purposes) by Housing (Scotland) Act 2014 (asp 14), ss. 63(2), 104(3); S.S.I. 2014/264, art. 2, sch.; S.S.I. 2016/412, art. 2, sch.

Modifications etc. (not altering text)

C1 Pt. 1A excluded (S.) (1.5.2017) by Housing (Scotland) Act 2014 (asp 14), ss. 83(3), 104(3); S.S.I. 2016/412, art. 2, sch.

[F2 Local authority enforcement at relevant permanent sites S

Textual Amendments

F2 Ss. 32U-32W and cross-heading inserted (S.) (1.5.2017) by Housing (Scotland) Act 2014 (asp 14), ss. 75, 104(3); S.S.I. 2016/412, art. 2, sch.

32U Breach of licence condition: improvement notice S

(1) If it appears to a local authority which issued a Part 1A site licence that the licence holder is failing or has failed to comply with a condition of the Part 1A site licence, the authority may serve an improvement notice on the licence holder.

(2) An improvement notice is a notice which—

(a) sets out the condition in question and details of the failure to comply with it,

(b) requires the licence holder to take such steps as the local authority considers appropriate and as are specified in the notice in order to ensure that that condition is complied with,

(c) specifies the period within which those steps must be taken,

(d) explains the right of appeal conferred by subsection (3).

(3) The holder of a Part 1A site licence who has been served with an improvement notice may by summary application appeal to the sheriff against—

(a) the issue of that notice,

(b) the terms of that notice.

(4) The period specified in an improvement notice under subsection (2)(c) must begin on the later of—

(a) the day on which the period during which the person may make an appeal under subsection (3) expires, or

(b) where such an appeal is made, the day on which the appeal is finally determined or abandoned.

(5) A local authority may—

(a) suspend an improvement notice,

(b) revoke an improvement notice,

(c) vary an improvement notice by extending the period specified in the notice under subsection (2)(c).

(6) The power to suspend, revoke or vary an improvement notice is exercisable by the local authority—

(a) on an application made by the licence holder, or

(b) on the authority's own initiative.

(7) Where a local authority suspends, revokes or varies an improvement notice, the authority must notify the licence holder to whom the notice relates of the decision as soon as is reasonably practicable.]