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[F1PART 1ASLicensing of relevant permanent sites in Scotland]

Textual Amendments

F1Pt. 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.

Modifications etc. (not altering text)

[F2Part 1A site licence]S

Textual Amendments

F2Ss. 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.

[F332GLocal authority power to transfer licence where no applicationS

(1)This section applies where—

(a)the holder of a Part 1A site licence does not seek the consent of the local authority for the transfer of the licence under section 10(1), and

(b)it appears to the authority that the licence holder is no longer the occupier of the relevant permanent site.

(2)The local authority may transfer the licence to a person whom the authority considers to be the occupier of the relevant permanent site (in this section the “transferee”).

(3)Before deciding to transfer the licence under subsection (2), the authority must give to the licence holder and the transferee a notice stating that—

(a)it is considering transferring the licence to the transferee under this section and its reasons for doing so, and

(b)the licence holder and the transferee each have 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).

(4)In making its decision under this section the local authority must consider any representations made in accordance with subsection (3)(b).

(5)The licence holder and the transferee must give to the local authority such information as the authority may reasonably require in order to make a decision under this section.

(6)It is an offence for a person to knowingly or recklessly provide information which is false or misleading in a material respect to a local authority in purported compliance with a request under subsection (5).

(7)A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F3Ss. 32D-32I 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. 65, 104(3); S.S.I. 2014/264, art. 2, sch.; S.S.I. 2016/412, art. 2, sch.