Caravan Sites and Control of Development Act 1960

10 Transfer of site licences, and transmission on death, etc. E+W+S

(1) When the holder of a site licence in respect of any land ceases to be the occupier of the land, he may, with the consent of the local authority in whose area the land is situated, transfer the licence to the person who then becomes the occupier of the land.

[F1 (1A) A local authority in England may require an application for consent to the transfer of a site licence in respect of a relevant protected site in their area to be accompanied by a fee fixed by the local authority.]

[F2 (1B) The Secretary of State may by regulations provide that a person applying to a local authority in England for consent to the transfer of a site licence in respect of a relevant protected site in their area must, either at the time of making the application or subsequently, give to the local authority such information as they may require.

(1C) The regulations may require a local authority in England to have regard to the prescribed matters when deciding whether to give their consent to the transfer of a site licence in respect of a relevant protected site in their area.

(1D) The regulations may require a local authority in England, where they decide not to give their consent to the transfer of such a site licence, to notify the licence holder of the reasons for the decision and of such right of appeal as may be conferred by virtue of subsection (1E).

(1E) The regulations may—

(a) confer on an applicant under this section a right of appeal to [F3 the tribunal] against a decision of a local authority in England not to give their consent to the transfer of a site licence as mentioned in subsection (1D);

(b) provide that no compensation may be claimed for loss suffered in consequence of the decision pending the outcome of the appeal.

(1F) Subsections (5D) to (5F) of section 3 apply in relation to regulations under this section as they apply in relation to regulations under that section.]

(2) Where a local authority give their consent to the transfer of a site licence, they shall endorse on the licence the name of the person to whom it is to be transferred and the date agreed between the parties to the transfer as the date on which that person is, for the purposes of this Part of this Act, to be treated as having become the holder of the licence.

(3) If an application is made under subsection (1) of this section for consent to the transfer of a site licence [F4 , other than one issued by a local authority in England in respect of a relevant protected site in their area,] to a person who is to become the occupier of the land, that person may apply for a site licence under section three of this Act if he were the occupier of the land, and if the local authority at any time before issuing a site licence in compliance with that application give their consent to the transfer they need not proceed with the application for the site licence.

(4) Where any person becomes, by operation of law, entitled to an estate or interest in land in respect of which a site licence is in force and is, by virtue of his holding that estate or interest, the occupier of the land within the meaning of this Part of this Act he shall, for the purposes of this Part of this Act, be treated as having become the holder of the licence on the day on which he became the occupier of the land, and the local authority in whose area the land is situated shall, if an application in that behalf is made to them, endorse his name and the said date on the licence.

Textual Amendments

F1 S. 10(1A) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 1(5), 15(1)

F2 S. 10(1B)-(1F) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 2(3), 15(1)

F3 Words in s. 10(1E)(a) substituted (18.7.2014) by The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014 (S.I. 2014/1900), art. 1, Sch. 1 para. 10

F4 Words in s. 10(3) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 2(4), 15(1)

Modifications etc. (not altering text)

C1 S. 10(3) savings for effects of 2013 c. 14, s. 2(4) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 4