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.
32FF2Time limit for determining application
1
This section applies where a person—
a
makes a relevant permanent site application to a local authority in accordance with section 32B, or
b
makes an application for consent to transfer a licence mentioned in section 32E.
2
The local authority must determine the application under section 32D or, as the case may be, sections 10 and 32E before the time limit specified under subsection (3).
3
The Scottish Ministers must, by regulations subject to the negative procedure, specify a time limit for the purposes of each application to which this section applies (and in doing so may specify different limits for different applications or types of application).
4
The period mentioned in subsection (2) may be extended by the sheriff, on summary application by the local authority, by such period as the sheriff thinks fit.
5
The sheriff may not extend a period unless the local authority applies for the extension before the period expires.
6
The applicant is entitled to be a party to any proceedings on such summary application.
7
The sheriff's decision on such summary application is final.
8
If the local authority does not determine a relevant permanent site application within the period required by this section—
a
the authority is to be treated as having issued a Part 1A site licence, on the day by which the authority was required to determine the application, and
b
the relevant person is for all purposes to be treated as having been issued a Part 1A site licence by the local authority under section 32D.
9
If the local authority does not determine an application for consent to transfer a licence mentioned in section 32E within the period required by this section, the authority is to be treated as having given its consent to the transfer on the day on which the application was made.
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.