The Mobile Homes (Site Licensing) (England) Regulations 2014

JurisdictionUK Non-devolved
CitationSI 2014/442

2014No. 442

MOBILE HOMES, ENGLAND

The Mobile Homes (Site Licensing) (England) Regulations 2014

27thFebruary2014

5thMarch2014

1stApril2014

The Secretary of State, in exercise of the powers conferred by section 3(5A) to 3(5D) and section 10(1B) to 10(1F) of the Caravan Sites and Control of Development Act 1960( 1), and paragraphs 7B(7), 7C(1), 8B(7) and 8C(1) of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983( 2), makes the following Regulations:

Application, citation and commencement

1. These Regulations, which apply in relation to England only, may be cited as the Mobile Homes (Site Licensing) (England) Regulations 2014 and come into force on 1stApril 2014.

Interpretation

2. In these Regulations-

"the Act" means the Caravan Sites and Control of Development Act 1960;

"applicant" means-

(a) a person making an application for the issue of a site licence in respect of a relevant protected site; or(b) a holder of a relevant protected site licence making an application for consent to the transfer of the site licence to another person;

"existing licence holder" means a person currently holding a site licence in respect of a relevant protected site;

"proposed licence holder" means-

(a) a person making an application for the issue of a site licence in respect of a relevant protected site under section 3(1) of the Act; or(b) a person to whom it is proposed to transfer a site licence in respect of a relevant protected site under section 10(1) of the Act;

"site licence" means a licence required by section 1 of the Act.

Matters prescribed for the purposes of subsection (5A) of section 3 and the purposes of subsection (1C) of section 10 of the Act

3. (1) Paragraphs (2) to (4) set out the prescribed matters to which a local authority must have regard when deciding whether to issue a site licence or consent to the transfer of a site licence in respect of a relevant protected site.

(2) In relation to the management of the site and the proposed licence holder-

(a) the proposed licence holder's interest or estate in the land forming the site, including, where relevant, the duration of the lease and any restrictions contained in the lease;(b) the proposed licence holder's ability to comply with any conditions of the site licence and to provide for the site's long-term maintenance;(c) the funding arrangements in place for managing the site and complying with any conditions of the site licence;(d) the management structure that will apply to the site, including the competence of the proposed licence holder and any other person nominated to manage the site; and(e) whether the proposed licensing arrangements would reduce the amenity of, access to or quality of services on the site, or reduce the local authority's ability to ensure that the site as a whole is adequately managed and maintained.

(3) In relation to any existing licence holder for the site in question, whether-

(a) the existing licence holder-(i) has been convicted of an offence under section 9B of the Act, due...

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