Explanatory Notes

Mobile Homes (Wales) Act 2013

6

4 November 2013

Commentary on Sections

Part 2 - Licensing of Mobile Home Sites etc

Section 15 - Breach of condition

28.This section provides that, where the owner of land is failing or has failed to comply with a site licence condition, a local authority may give the owner a fixed penalty notice or a compliance notice.

29.The Welsh Ministers may issue guidance to local authorities as to the considerations they should take into account when deciding whether to deal with a failure to comply with a condition of a site licence by issuing a fixed penalty notice or a compliance notice. The local authority must have regard to any guidance issued. Where a fixed penalty notice has been issued, but not paid, a local authority may withdraw the fixed penalty notice and instead issue a compliance notice in respect of the same failure. An owner of land served with a compliance notice may appeal to a Residential Property Tribunal against that notice under section 17(2) (see section 23).