C1F2PART 1ALicensing of relevant permanent sites in Scotland

Annotations:
Amendments (Textual)
F2

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.

Modifications etc. (not altering text)

F3Miscellaneous

Annotations:
Amendments (Textual)
F3

S. 32Z5 and cross-heading inserted (S.) (1.5.2017) by Housing (Scotland) Act 2014 (asp 14), ss. 81, 104(3); S.S.I. 2016/412, art. 2, sch.

32Z6F1Interpretation of Part 1A

1

In this Part—

  • emergency action notice” has the meaning given by section 32Z(5),

  • emergency action report” has the meaning given by section 32Z(8),

  • excepted permission” means a permission (by virtue of planning permission or a site licence under Part 1) to station a caravan on the land for human habitation all year round, if the caravan is, or is to be, authorised to be occupied by—

    1. a

      the occupier,

    2. b

      a person employed by the occupier but who does not occupy the caravan under an agreement to which section 1(1) of the Mobile Homes Act 1983 (c.34) applies,

  • improvement notice” has the meaning given by section 32U(2),

  • licence holder” means the person holding the Part 1A site licence,

  • Part 1A site licence” has the meaning given by section 32A(1)(c),

  • penalty notice” has the meaning given by section 32X(2),

  • planning permission” means planning permission under Part 3 of the Town and Country Planning (Scotland) Act 1997 (c.8),

  • relevant permanent site” means land in respect of which a site licence is required under Part 1, other than land for which the relevant planning permission or the site licence—

    1. a

      is expressed to be granted for holiday use only,

    2. b

      is otherwise so expressed or subject to conditions that there are times of the year when no caravan may be stationed on the land for human habitation, or

    3. c

      would meet the conditions in paragraph (a) or (b) if any excepted permission is disregarded,

  • relevant permanent site application” means, irrespective of the conditions in the relevant planning permission, an application for the issue or renewal of a Part 1A site licence authorising the use of land as a caravan site, other than an application for a licence—

    1. a

      to be expressed to be granted for holiday use only,

    2. b

      to be otherwise so expressed or subject to conditions that there will be times of the year when no caravan may be stationed on the land for human habitation, or

    3. c

      which would meet the conditions in paragraph (a) or (b) if any part of the application for excepted permission were disregarded.

2

Any reference in this Part to the sheriff is to the sheriff having jurisdiction in the place where the relevant permanent site is situated.

3

Otherwise, words and expressions (as modified by section 32) have the same meaning in this Part as in Part 1.