C1F3PART 1ALicensing of relevant permanent sites in Scotland
Pt. 1A excluded (S.) (1.5.2017) by Housing (Scotland) Act 2014 (asp 14), ss. 83(3), 104(3); S.S.I. 2016/412, art. 2, sch.
F1Part 1A site licence
Ss. 32B, 32C and cross-heading inserted (20.11.2014 for specified purposes, 1.5.2017 in so far as not already in force) by Housing (Scotland) Act 2014 (asp 14), ss. 64, 104(3); S.S.I. 2014/264, art. 2, sch.; S.S.I. 2016/412, art. 2, sch.
32DF2Issue and renewal of a Part 1A site licence
1
A local authority may issue a Part 1A site licence if—
a
the applicant is, when the Part 1A site licence is issued, entitled to the benefit of planning permission for the use of the land as a relevant permanent site otherwise than by a development order, and
b
the authority is satisfied—
i
that the applicant is a fit and proper person to hold a site licence,
ii
in the case where an applicant is not a natural person, that the individual who holds the most senior position within the management structure of the relevant partnership, company or body is a fit and proper person in relation to a site licence,
iii
that any person to be appointed by the applicant to manage the site is a fit and proper person to do so, and
iv
in the case where a person to be appointed by the applicant to manage the site is not a natural person, that any individual who is to be directly concerned with the management of the site on behalf of that manager is a fit and proper person to do so.
2
A local authority must renew a Part 1A site licence if—
a
the applicant is, when the Part 1A site licence is renewed, entitled to the benefit of planning permission for the use of the land as a relevant permanent site otherwise than by a development order, and
b
the authority is satisfied—
i
that the applicant is a fit and proper person to hold a site licence,
ii
in the case where an applicant is not a natural person, that the individual who holds the most senior position within the management structure of the relevant partnership, company or body is a fit and proper person in relation to a site licence,
iii
that any person appointed, or to be appointed, by the applicant to manage the site is a fit and proper person to do so, and
iv
in the case where a person appointed, or to be appointed, by the applicant to manage the site is not a natural person, that any individual who is, or is to be, directly concerned with the management of the site on behalf of that manager is a fit and proper person to do so.
3
The local authority must not issue a Part 1A site licence to a person whom the local authority knows has held a site licence which has been revoked under this Act less than 3 years before that time.
4
Before refusing to issue or renew a Part 1A site licence, the authority must give to the applicant a notice stating that—
a
it is considering refusing the application and its reasons for doing so, and
b
the applicant has the right to make written representations to the authority before the date which is specified in the notice (such date to be at least 28 days after the date on which the notice is given).
5
In making its decision under this section the local authority must consider the application and any representations made in accordance with subsection (4)(b).
Pt. 1A heading inserted (S.) (20.11.2014 for the purposes of ss. 32B-32I, 32N, 32Y, 1.5.2017 for remaining purposes) by Housing (Scotland) Act 2014 (asp 14), ss. 63(2), 104(3); S.S.I. 2014/264, art. 2, sch.; S.S.I. 2016/412, art. 2, sch.