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Issue - meetings

Notices of Motion

Meeting: 17/04/2024 - Council (Item 17)

Notice of Motion by Councillor Boulton

To instruct the Chief Officer - Governance to report back to the Licensing Committee before November 2024 outlining additional site licence conditions as necessary and required as result of residential caravan licence renewal site inspections and to include consideration of the following as a mandatory condition: 
 
Rights and obligations of Caravan Occupiers on "Protected Sites" The Licence-Holder must at all times maintain the obligations owed by the Owner of the Protected Site to the Occupiers of pitches by the Protected Site Agreements 

 

Note: this Agreement contains the conditions which automatically apply to caravans on "Protected Sites". These conditions are set out in Schedule 1 to the Mobile Homes Act 1983, as amended by the Mobile Homes Act 1983 (Amendment of Schedule. 1) (Scotland) Order2013, S.S.l. No. 219" ln that Schedule, paragraphs 1 to 10 were in the 1983 Act as originally enacted, although their content was amended in Scotland. Paragraphs 11 to 32 were added by the 2013 Regulations. Paragraph 1A was added to the Schedule by the Housing (Scotland) Act 2014, Section 84, with effect from 1st May 2017: Housing (Scotland) Act 2O14 (Commencement No. 6 and Transitional Provision) Order 2016-412. The Owner must - 

(a) if requested by the Occupier, provide, free of charge, documentary evidence in support and explanation of- 

 (i) any new Pitch Fee; 

 (ii) any charges for gas, electricity, water, sewerage or other services payable by the Occupier to the Owner under the Agreement, and 

Statement) (Scotland) Regulations 2013 No. 188 either: (a) before that occupation starts, or (b) if not previously given, within 30 days after this Licence is effective. 

Decision:

The Council resolved:-

to approve the notice of motion.

Minutes:

The Council had before it a notice of motion by Councillor Boulton in the following terms:-

 

To instruct the Chief Officer - Governance to report back to the Licensing Committee before November 2024 outlining additional site licence conditions as necessary and required as result of residential caravan licence renewal site inspections and to include consideration of the following as a mandatory condition: 
 
Rights and obligations of Caravan Occupiers on "Protected Sites" The Licence-Holder must at all times maintain the obligations owed by the Owner of the Protected Site to the Occupiers of pitches by the Protected Site Agreements 

 

Note: this Agreement contains the conditions which automatically apply to caravans on "Protected Sites". These conditions are set out in Schedule 1 to the Mobile Homes Act 1983, as amended by the Mobile Homes Act 1983 (Amendment of Schedule. 1) (Scotland) Order2013, S.S.l. No. 219" ln that Schedule, paragraphs 1 to 10 were in the 1983 Act as originally enacted, although their content was amended in Scotland. Paragraphs 11 to 32 were added by the 2013 Regulations. Paragraph 1A was added to the Schedule by the Housing (Scotland) Act 2014, Section 84, with effect from 1st May 2017: Housing (Scotland) Act 2O14 (Commencement No. 6 and Transitional Provision) Order 2016-412. The Owner must - 

(a) if requested by the Occupier, provide, free of charge, documentary evidence in support and explanation of- 

            (i) any new Pitch Fee; 

(ii) any charges for gas, electricity, water, sewerage or other services payable by the Occupier to the Owner under the Agreement, and 

Statement) (Scotland) Regulations 2013 No. 188 either: (a) before that occupation starts, or (b) if not previously given, within 30 days after this Licence is effective.

 

The Council resolved:-

to approve the notice of motion.