Mobile Homes (Wales) Act 2013

29 Decision whether person is fit and proper E+W

(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),

[F1 (b) 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.

Textual Amendments

F1 S. 29(3)(b) substituted (1.12.2014) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 30(2); S.I. 2014/3127, art. 2(a), Sch. Pt. 1

Commencement Information

I1 S. 29 in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(b) (with art. 4)