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.
32EF2Application to transfer a Part 1 A site licence
1
This section applies where, under section 10(1), the holder of a Part 1A site licence seeks the consent of the local authority for the transfer of the licence to a person who is to become the occupier of the relevant permanent site (in this section the “transferee”).
2
The local authority may refuse consent to the transfer on the ground that the authority is not satisfied—
a
that the transferee is a fit and proper person to hold a site licence,
b
in the case where the transferee 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,
c
that any person to be appointed by the transferee to manage the site is a fit and proper person to do so, and
d
in the case where a person to be appointed by the transferee 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.
3
The applicant and the transferee must, either at the time of making the application or subsequently, give to the local authority such information as the authority may reasonably require in order to determine if the persons mentioned in subsection (2) are fit and proper persons.
4
Before refusing to consent to the transfer under subsection (2), 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.