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Housing (Scotland) Act 2014

Fit and proper persons

147.Section 71 inserts new section 32O into the 1960 Act. The section sets out the factors a local authority must consider when applying the fit and proper person test, for example to potential site licence holders, or existing site licence holders seeking to renew a licence. This section provides that the relevant material that can be taken into account includes:

  • whether the person has convictions (other than spent convictions) for offences involving fraud or other dishonesty, violence, drugs, firearms, and sexual offences within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995,

  • evidence an applicant has practised unlawful discrimination,

  • whether the person has contravened the law relating to caravans, housing, and landlords and tenants,

  • whether the person has committed a breach of an agreement to which the Mobile Homes Act 1983 applies,

  • whether a person has broken rules covering profiteering in relation to the supply of gas, electricity, or water and waste water services to mobile home residents,

  • whether the person has engaged in antisocial behaviour,

  • whether the person has breached the conditions of the site licence,

  • other relevant material a local authority is aware of from its licensing duties.

148.Subsection (7) gives the Scottish Ministers the power to adjust the list of relevant material, by order subject to the affirmative procedure.

149.Section 72 inserts new section 32P into the 1960 Act. This gives a local authority the power, if it is carrying out the fit and proper person test, to require the relevant person to provide a criminal conviction certificate. A local authority can only do so if it has reasonable grounds to suspect that the information an applicant has provided in relation to the fit and proper person test is, or has become, inaccurate.

150.Section 73 inserts new section 32Q into the 1960 Act. This enables local authorities to share information relevant to the application of the fit and proper person test.

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