PART 4SPECIAL PROCEDURES
Approved premises and vehicles
70Approval of premises and vehicles in respect of performance of special procedure
1
A local authority may, on an application to it by a person carrying on a business in the course of which a special procedure is or is likely to be performed in its area, by issuing a certificate under this section (an “approval certificate”), approve in respect of the special procedure premises or a vehicle that are within subsection (2).
2
Premises or a vehicle are within this subsection if—
a
in the case of premises, they are in the area of the local authority;
b
in the case of a vehicle, the local authority considers that the vehicle is, or is likely to be, driven, used or kept in the area of the local authority.
3
Regulations must make provision—
a
for criteria that must be met for an application for approval to be granted;
b
for circumstances in which an application for approval is to be granted;
c
for conditions (“mandatory approval conditions”) to which an approval under this section is to be subject;
d
about appealing against refusal of an application for approval.
4
The mandatory approval conditions may, among other things, include conditions relating to the inspection of premises and vehicles approved under this section, and the display of an approval certificate.
5
An approval certificate must specify a period for which, in the absence of any previous expiry under section 72 or 73, the approval to which it relates is to have effect, being either—
a
a period of no more than seven days, beginning with the date on which the approval certificate is issued (the “approval date”), or
b
a period of three years, beginning with the approval date.
6
Unless it previously ceases to have effect under section 72 or 73, approval under this section ceases to have effect with the expiry of that period.
7
Regulations may make provision about—
a
the way in which applications for approval are to be made and dealt with (including for the payment of a fee in respect of an application, and for inspections to be carried out before an approval is granted);
b
circumstances in which an application for approval must not be granted, or may be granted at the discretion of the authority to which the application is made;
c
the renewal of approval;
d
the variation of approval.
8
Regulations making provision as described in subsection (7)(a) may include (among other things)—
a
provision about how a local authority is to determine the amount of a fee payable in respect of an application;
b
provision about the consequences of failure to comply with a requirement to pay a fee (including provision permitting the local authority to decline to proceed with the application).
9
Regulations under this section may make different provision for different purposes, including (among other things) in respect of—
a
different descriptions of premises and vehicles;
b
different descriptions of special procedure;
c
different circumstances in which a special procedure is performed (including by reference to, among other things, the frequency or regularity with which a special procedure is performed at premises or in a vehicle, the duration of any period during which a special procedure is performed at premises or in a vehicle, and whether a special procedure is performed on a peripatetic basis, on a fixed site basis, on a mobile basis, on a temporary basis, or otherwise).