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Caravan Sites and Control of Development Act 1960

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Caravan Sites and Control of Development Act 1960, Section 9 is up to date with all changes known to be in force on or before 21 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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9[F1 Provisions as to breaches of condition.] [F1Breach of condition: land other than relevant protected sites in England] E+W+S

(1)If an occupier of land [F2, other than land in England which is a relevant protected site,] fails to comply with any condition for the time being attached to a site licence held by him in respect of the land, he shall be guilty of an offence and liable on summary conviction, in the case of the first offence to a fine not exceeding [F3one hundred pounds][F3level 4 on the standard scale], and, in the case of a second or subsequent offence, to a fine not exceeding [F3two hundred and fifty pounds][F3level 4 on the standard scale].

(2)Where a person convicted under this section for failing to comply with a condition attached to a site licence has on two or more previous occasions been convicted thereunder for failing to comply with a condition attached to that licence, the court before whom he is convicted may, if an application in that behalf is made at the hearing by the local authority in whose area the land is situated, make an order for the revocation of the said site licence to come into force [F4on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction] and if before the date so specified an appeal is so brought the order shall be of no effect pending the final determination or withdrawal of the appeal.

The person convicted or the local authority who issued the site licence may apply to the magistrates’ court which has made such an order revoking a site licence for an order extending the period at the end of which the revocation is to come into force, and the magistrates’ court may, if satisfied that adequate notice of the application has been given to the local authority or, as the case may be, the person convicted, make an order extending that period.

(3)Where an occupier of land [F5, other than land in England which is a relevant protected site,] fails within the time specified in a condition attached to a site licence held by him to complete to the satisfaction of the local authority in whose area the land is situated any works required by the condition to be so completed, the local authority may carry out those works, and may recover as a simple contract debt in any court of competent jurisdiction from that person any expenses reasonably incurred by them in that behalf.

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Amendments (Textual)

F1Words in s. 9 substituted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 4(1), 15(1)

F2Words in s. 9(1) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 4(1), 15(1)

F3Words “level 4 on the standard scale” substituted (S.) for words “one hundred pounds” and “two hundred and fifty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F4Words substituted by Courts Act 1971 (c. 23) Sch. 8 para. 39

F5Words in s. 9(3) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 4(1), 15(1)

Modifications etc. (not altering text)

C1Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

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