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.