PART 2LICENSING OF MOBILE HOME SITES ETC.

Site managers to be fit and proper persons

I129Decision whether person is fit and proper

1

In deciding whether a person is a fit and proper person to manage a regulated site a local authority must have regard to all such matters as it considers appropriate.

2

Among the matters to which the local authority must have regard is any evidence within subsection (3) or (4).

3

Evidence is within this subsection if it shows that the person has—

a

committed any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements),

F1b

practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010, or victimised another person contrary to that Act, in or in connection with the carrying on of any business, or

c

contravened any provision of the law relating to housing (including mobile homes) or landlord and tenant.

4

Evidence is within this subsection if—

a

it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (3), and

b

it appears to the local authority that the evidence is relevant to the question whether the person is a fit and proper person to manage a regulated site.

5

The Welsh Ministers may by regulations amend this section to vary the evidence to which a local authority must have regard in deciding whether a person is a fit and proper person to manage a regulated site.

6

Where a local authority decides that a person is not a fit and proper person to manage a site—

a

the local authority must notify the person of the reasons for the decision and of the person's right of appeal under paragraph (b), and

b

the person may, within the period of 28 days beginning with the day on which the decision is made, appeal to a residential property tribunal against the decision.