32Z6Interpretation 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.

32Z7Guidance

1

The Scottish Ministers may, after consulting such persons as they consider appropriate, publish guidance about the operation of this Part.

2

A local authority must have regard to any guidance published when carrying out its functions under this Part.