Caravan Sites and Control of Development Act 1960

[F1 9E Power to take emergency action E+W

(1) A local authority in England who have issued a site licence in respect of a relevant protected site in their area may take action in relation to the land concerned if it appears to the authority that—

(a) the occupier of the land is failing or has failed to comply with a condition for the time being attached to the site licence, and

(b) as a result of that failure there is an imminent risk of serious harm to the health or safety of any person who is or may be on the land.

(2) The action a local authority may take under this section (referred to in this section as “emergency action”) is such action as appears to the authority to be necessary to remove the imminent risk of serious harm mentioned in subsection (1)(b).

(3) Where a local authority propose to take emergency action, the authority must serve on the occupier of the land a notice which—

(a) identifies the land to which it relates,

(b) states that the authority intend to enter onto the land,

(c) describes the emergency action the authority intend to take on the land,

(d) if the person whom the authority propose to authorise to take the action on their behalf is not an officer of theirs, states the name of that person, and

(e) specifies the powers under this section and section 26 as the powers under which the authority intend to enter onto the land.

(4) A notice under subsection (3) may state that, if entry onto the land were to be refused, the authority would propose to apply for a warrant under section 26(2).

(5) A notice under subsection (3) must be served sufficiently in advance of when the local authority intend to enter onto the land as to give the occupier of the land reasonable notice of the intended entry.

(6) In a case where the local authority authorise a person other than an officer of theirs to take the emergency action on their behalf, the reference in section 26(1) to an authorised officer of the local authority is to be read as including that person.

(7) Section 26(1), in its application to a case within this section, has effect as if—

(a) the words “at all reasonable hours” were omitted, and

(b) the words from “Provided that” to the end were omitted.

(8) Within the period of seven days beginning with the date when the authority start taking the emergency action, the authority must serve on the occupier of the land a notice which—

(a) describes the imminent risk of serious harm to the health or safety of persons who are or may be on the land,

(b) describes the emergency action which has been, and any emergency action which is to be, taken by the authority on the land,

(c) sets out when the authority started taking the emergency action and when the authority expect it to be completed,

(d) if the person whom the authority have authorised to take the action on their behalf is not an officer of theirs, states the name of that person, and

(e) explains the right of appeal conferred by subsection (9).

(9) An occupier of land in respect of which a local authority has taken or is taking emergency action may appeal to [F2 the tribunal] against the taking of the action by the authority (for further provisions about appeals under this section, see section 9G).

(10) The grounds on which the appeal may be brought are—

(a) that there was no imminent risk of serious harm as mentioned in subsection (1)(b) (or, where the action is still being taken, that there is no such risk);

(b) that the action the authority has taken was not necessary to remove the imminent risk of serious harm mentioned in subsection (1)(b) (or, where the action is still being taken, that it is not necessary to remove the risk).

(11) The ways in which a notice under this section may be served include by fixing it in a prominent place at or near the main entrance to the land.]

Textual Amendments

F1 Ss. 9D-9F inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 5(1), 15(1)

F2 Words in s. 9E(9) substituted (18.7.2014) by The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014 (S.I. 2014/1900), art. 1, Sch. 1 para. 7