Caravan Sites and Control of Development Act 1960

[F1 12D Removal from register, variation of conditions etc. E+W+S

(1) The Secretary of State may by regulations provide that, where a person is included in a register established by virtue of section 12B, the local authority may in such circumstances as may be prescribed—

(a) remove the person from the register;

(b) impose a condition on the inclusion of the person in the register (whether or not there are conditions imposed by virtue of section 12C);

(c) vary or remove a condition imposed by virtue of section 12C or this section.

(2) The regulations may require a local authority, in considering whether or how to exercise a power conferred by virtue of subsection (1), to have regard to such matters as may be prescribed.

(3) The regulations may require the local authority, before exercising a power conferred by virtue of subsection (1)—

(a) to notify the occupier of their proposal to do so and the reasons for the proposal, and

(b) if the occupier makes representations within such period as may be prescribed, to take the representations into account before exercising the power.

(4) The regulations may require a local authority, where they exercise a power conferred by virtue of subsection (1), to notify the occupier of the fact that they have done so, the reasons for doing so and such right of appeal as may be conferred by virtue of subsection (5).

(5) The regulations may—

(a) confer a right of appeal to the tribunal against the exercise of a power conferred by virtue of subsection (1);

(b) provide that no compensation may be claimed for loss suffered in consequence of the exercise of the power pending the outcome of the appeal.

(6) The regulations may create a summary offence relating to a failure to comply with a condition imposed by virtue of this section.]

Textual Amendments

F1 Ss. 12A-12E and cross-heading inserted (15.6.2020) by Mobile Homes Act 2013 (c. 14), ss. 8, 15(2) (as amended by S.I. 2014/1900, Sch. 1 para. 17); S.I. 2020/565, art. 2