E+W
Mobile Homes (Wales) Act 2013
2013 anaw 6
An Act of the National Assembly for Wales to reform and restate the law relating to mobile home sites in Wales.
[4 November 2013]
Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:-
PART 1 E+WINTRODUCTION
1Overview of ActE+W
(1)This Act makes provision about mobile home sites in Wales.
(2)In this Act—
(a)Part 2 makes provision for and in connection with the licensing of regulated sites etc.,
(b)Part 3 makes provision for protection from eviction from protected sites,
(c)Part 4 makes provision about the terms of agreements for stationing mobile homes on protected sites,
(d)Part 5 makes provision under which local authorities may provide sites for mobile homes and may prohibit the stationing of mobile homes on commons, and
(e)Part 6 makes supplementary and general provision.
2Mobile home sites subject to ActE+W
(1)In this Act “regulated site” means any land in Wales on which a mobile home is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), other than—
(a)a site which Schedule 1 provides is not to be a regulated site, or
(b)a holiday site.
(2)In this Act “protected site” means land which is—
(a)a regulated site, or
(b)a site that would be a regulated site but for paragraph 11 of Schedule 1.
(3)In subsection (1) “holiday site” means a site in respect of which the relevant planning permission or the site licence for the site under the Caravan Sites and Control of Development Act 1960—
(a)is expressed to be granted for holiday use only, or
(b)requires that there are times of the year when no mobile home may be stationed on the site for human habitation.
(4)For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—
(a)the person who is the owner of the site, or
(b)a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 applies.
(5)In this Act “local authority Gypsy and Traveller site” means land owned by a local authority for the stationing of mobile homes providing accommodation for Gypsies and Travellers.
3Owners of sitesE+W
In this Act “owner”, in relation to any land, means the person who, by virtue of an estate or interest in the land—
(a)is entitled to possession of the land, or
(b)would be entitled to possession of the land but for the rights of any other person under any licence or contract granted in respect of the land (including a licence or contract to station or occupy a mobile home there),
but see also sections 39(2), 42(7) and 55(2)(a).
PART 2 E+WLICENSING OF MOBILE HOME SITES ETC.
IntroductionE+W
4Overview of PartE+W
Site licencesE+W
5Prohibition on use of land as regulated site without site licenceE+W
6Application for site licenceE+W
7Issue of site licenceE+W
8Duration of site licenceE+W
Conditions of site licencesE+W
9Power to attach conditions to site licenceE+W
10Model standardsE+W
11Fire precautionsE+W
12Appeal against conditions of site licenceE+W
13Power of local authority to vary conditions of site licenceE+W
14Appeal against variation of conditions of site licenceE+W
Breach of conditionE+W
15Breach of conditionE+W
16Fixed penalty noticeE+W
17Compliance noticesE+W
18Compliance notice: offence and multiple convictionsE+W
19Compliance notice: power to demand expensesE+W
20Power to take action following conviction of ownerE+W
21Power to take emergency actionE+W
22Action under section 20 or 21: power to demand expensesE+W
23Appeals under section 17, 21 or 22E+W
24When compliance notice or expenses demand becomes operativeE+W
25Recovery of expenses demanded under section 19 or 22E+W
Revocation and surrender of site licencesE+W
26Revocation on death, change of ownership or cessation of useE+W
27Duty of licence holder to allow site licence to be alteredE+W
Site managers to be fit and proper personsE+W
28Requirement for manager of site to be fit and proper personE+W
29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interim managersE+W
30Appointment of interim managerE+W
31Terms of appointment and powers of interim managerE+W
Other enforcement provisionsE+W
32Power of entry of officers of local authoritiesE+W
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous and supplementaryE+W
34False or misleading statements or informationE+W
35Guidance by Welsh MinistersE+W
36Powers to charge fees: supplementaryE+W
37Registers of site licencesE+W
38Crown landE+W
39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3 E+WPROTECTION FROM EVICTION
40Application of PartE+W
This Part applies in relation to any licence or contract (whenever made) under which a person is entitled—
(a)to station a mobile home on a protected site and occupy it as the person's residence, or
(b)if the mobile home is stationed on the protected site by another, to occupy it as the person's residence.
41Minimum length of noticeE+W
In any case where a residential contract is determinable by notice given by either party to the other, a notice is of no effect unless it is given not less than 4 weeks before the date on which it is to take effect.
42Protection of occupiers against eviction and harassment, false information etc.E+W
(1)A person to whom any of subsections (2) to (6) applies commits an offence.
(2)This subsection applies to a person if, during the subsistence of a residential contract, the person unlawfully deprives the occupier of the mobile home of occupation on the protected site of any mobile home which the occupier is entitled by the contract to station and occupy, or to occupy, as the occupier's residence on the protected site.
(3)This subsection applies to a person if, after the expiry or determination of a residential contract, the person enforces, otherwise than by proceedings in the court, any right to exclude the occupier of the mobile home from the protected site or from any such mobile home, or to remove or exclude any such mobile home from the protected site.
(4)This subsection applies to a person if (whether during the subsistence, or after the expiry or determination, of a residential contract) with intent to cause the occupier of the mobile home—
(a)to abandon the occupation of the mobile home or remove it from the site, or
(b)to refrain from exercising any right or pursuing any remedy in respect of that,
the person does acts likely to interfere with the peace or comfort of the occupier or persons residing with the occupier, or withdraws or withholds services or facilities reasonably required for the occupation of the mobile home as a residence on the site.
(5)This subsection applies to a person if the person is, or is the agent of, the owner of the protected site and (whether during the subsistence or after the expiration or determination of a residential contract)—
(a)the person does acts likely to interfere with the peace or comfort of the occupier of the mobile home or persons residing with the occupier, or
(b)withdraws or withholds services or facilities reasonably required for the occupation of the mobile home as a residence on the site,
and (in either case) the person knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to do any of the things mentioned in subsection (4)(a) or (b).
(6)This subsection applies to a person if the person is, or is the agent of, the owner of a protected site and, during the subsistence of a residential contract, the person—
(a)knowingly or recklessly provides information or makes a representation which is false or misleading in a material respect to any person, and
(b)knows, or has reasonable cause to believe, that doing so is likely to cause—
(i)the occupier to do any of the things mentioned in subsection (4)(a) or (b), or
(ii)a person who is considering whether to purchase or occupy the mobile home to which the residential contract relates to decide not to do so.
(7)In subsections (5) and (6) references to the owner of a protected site include references to a person with an estate or interest in the site which is superior to that of the owner.
(8)In this section references to the occupier of the mobile home include references to the person who was the occupier of the mobile home under a residential contract which has expired or been determined and, in the case of the death of the occupier (whether during the subsistence or after the expiry or determination of the contract), to any person then residing with the occupier.
(9)Nothing in this section applies to the exercise by the owner of a mobile home of a right to take possession of the mobile home, other than a right conferred by or arising on the expiry or determination of a residential contract, or to anything done pursuant to the order of any court.
43Offences under section 42: supplementaryE+W
(1)In proceedings for an offence of contravening section 42(2) or (3) it is a defence to prove that the accused believed, and had reasonable cause to believe, that the occupier of the mobile home had ceased to reside on the site.
(2)In proceedings for an offence of contravening section 42(5) it is a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question.
(3)A person guilty of an offence under section 42 is liable—
(a)on summary conviction, to a fine or to imprisonment for a term not exceeding 12 months, or to both, or
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.
44Provision for suspension of eviction ordersE+W
(1)If in proceedings by the owner of a protected site the court makes an order for enforcing in relation to the site any such right as is mentioned in section 42(3), the court may (without prejudice to any power apart from this section to postpone the operation or suspend the execution of an order) suspend the enforcement of the order for such period not exceeding 12 months from the date of the order as the court thinks reasonable.
(2)Where the court by virtue of this section suspends the enforcement of an order, it may impose such terms and conditions, including conditions as to the payment of rent or other periodical payments or of arrears of such rent or payments, as the court thinks reasonable.
(3)The court may from time to time, on the application of either party, extend, reduce or terminate the period of suspension ordered, or vary any terms or conditions imposed, but may not extend the period of suspension for more than 12 months at a time.
(4)In considering whether or how to exercise its powers under this section, the court must have regard to all the circumstances which include (but are not limited to) the questions—
(a)whether the occupier of the mobile home has failed, whether before or after the expiry or determination of the relevant residential contract, to observe any terms or conditions of that contract, any conditions of the site licence, or any reasonable rules made by the owner of the protected site for the management and conduct of the site or the maintenance of mobile homes on it,
(b)whether the occupier of the mobile home has unreasonably refused an offer by the owner to renew the residential contract or make another residential contract for a reasonable period and on reasonable terms, and
(c)whether the occupier of the mobile home has failed to make reasonable efforts to obtain elsewhere other suitable accommodation for the mobile home or another suitable mobile home and accommodation for it.
(5)Where the court makes an order such as is mentioned in subsection (1) but suspends the enforcement of the order, the court may not make any order for costs unless it appears to the court, having regard to the conduct of the owner of the protected site or of the occupier of the mobile home, that the circumstances of the case are exceptional.
(6)The court may not suspend the enforcement of an order by virtue of this section if—
(a)no site licence is in force in respect of the site, and
(b)the site is not owned by a local authority;
and where a site licence in respect of the site is expressed to expire at the end of a specified period, the period for which enforcement may be suspended by virtue of this section does not extend beyond the expiry of the site licence.
45SupplementaryE+W
(1)The power of the court under section 44 to suspend the enforcement of an order extends to any order made but not executed before the commencement of this Part.
(2)Nothing in this Part affects the operation of section 13 of the Compulsory Purchase Act 1965.
(3)The Protection from Eviction Act 1977 does not apply to any premises consisting of a mobile home stationed on a protected site.
46OffencesE+W
Proceedings for an offence under this Part may be instituted by any local authority.
47InterpretationE+W
(1)In this Part—
-
“occupier” (“meddiannydd”) in relation to a mobile home and a protected site, means the person entitled as mentioned in section 40 in relation to a mobile home and the protected site;
-
“residential contract” (“contract preswyl”) means a licence or contract within that section.
(2)In this Part “the court” means the county court.
PART 4 E+WMOBILE HOME AGREEMENTS
48Agreements to which Part appliesE+W
49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50Terms of agreementsE+W
51Power to amend implied termsE+W
52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54Jurisdiction of a tribunal or the courtE+W
55InterpretationE+W
PART 5 E+WPOWERS OF LOCAL AUTHORITIES
56Power to provide sites for mobile homesE+W
(1)A local authority may within its area provide sites where mobile homes may be brought, whether for holidays or other temporary purposes or for use as permanent residences, and may manage the sites or lease them to another person.
(2)A local authority has power to do anything appearing to it desirable in connection with the provision of such sites and the things which it has power to do include (but are not limited to)—
(a)acquiring land which is in use as a mobile home site or which has been laid out as a mobile home site,
(b)providing for the use of those occupying mobile home sites any services for their health or convenience, and
(c)providing, in or in connection with sites for the accommodation of Gypsies and Travellers, working space and facilities for the carrying on of activities normally carried on by them.
(3)In exercising its powers under this section a local authority must have regard to any standards specified by the Welsh Ministers under section 10.
(4)Before exercising the power under subsection (1) to provide a site the local authority must consult the fire and rescue authority—
(a)as to measures to be taken for preventing and detecting the outbreak of fire on the site, and
(b)as to the provision and maintenance of means of fighting fire on it.
(5)A local authority must make in respect of sites managed by it, and of any services or facilities provided or made available under this section, such reasonable charges as it may determine.
(6)A local authority may make available the services and facilities provided under this section for persons whether or not they normally reside in its area.
(7)A local authority may, where it appears to it that—
(a)a mobile home site or an additional mobile home site in needed in its area, or
(b)that land which is in use as a mobile home site should in the interests of the users of mobile homes be taken over by the local authority,
acquire land, or any interest in land, compulsorily.
(8)The power conferred by subsection (7) is exercisable in any particular case only if the local authority is authorised by the Welsh Ministers to exercise it.
(9)The Acquisition of Land Act 1981 has effect in relation to the acquisition of land, or an interest in land, under subsection (7).
(10)A local authority does not have power under this section to provide mobile homes.
Modifications etc. (not altering text)
C1S. 56 modified by 1995 c. 25, Sch. 9 para. 4A(a) (as inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 8(3) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2)))
57Power to prohibit mobile homes on commonsE+W
(1)This section applies to any land in Wales which is or forms part of a common and is not—
(a)land to which section 193 of the Law of Property Act 1925 (rights of public over certain commons and waste lands) applies,
(b)land subject to a scheme under Part 1 of the Commons Act 1899 (schemes for the regulation and management of certain commons), or
(c)land as respects which a site licence is for the time being in force.
(2)A local authority may make with respect to land to which this section applies and which is in its area an order prohibiting, either absolutely or except in such circumstances as may be specified in the order, the stationing of mobile homes on the land for the purposes of human habitation.
(3)A person who stations a mobile home on any land in contravention of an order under subsection (2) for the time being in force with respect to the land commits an offence.
(4)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(5)A local authority must take all reasonable steps to secure that copies of any order under subsection (2) which is for the time being in force with respect to any land in its area are displayed on the land so as to give persons entering the land warning of the existence of the order.
(6)A local authority has the right to place on the land the notices that it considers necessary for the performance of its duty under subsection (5).
(7)An order made by a local authority under subsection (2) may be revoked at any time by a subsequent order made under that subsection by the local authority or may be varied so as to exclude any land from the operation of the order or so as to introduce any exception, or further exception, from the prohibition imposed by the order.
(8)Where the whole or part of any land to which an order under subsection (2) is in force ceases to be land to which this section applies, the order ceases to have effect with respect to the land or that part of it.
(9)Where an order ceases to have effect with respect to part only of any land, the local authority must cause any copy of the order which is displayed on that part of the land with respect to which the order remains in force to be amended accordingly.
(10)Schedule 3 makes further provision with respect to orders under subsection (2).
(11)In this section “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green.
PART 6 E+WSUPPLEMENTARY AND GENERAL
58Consequential amendments and transitionals etc.E+W
(1)Schedule 4 contains consequential amendments.
(2)Schedule 5 contains transitional and transitory provisions and savings.
(3)The Welsh Ministers may by order—
(a)make any other amendments (including repeals or revocations) of any enactment or instrument which are consequential on any provision made by this Act, and
(b)make any other transitional or transitory provision, or savings, which appear appropriate in connection with the coming into force of any provision of this Act.
59Liability of officers of bodies corporateE+W
(1)Where a body corporate commits an offence under this Act and it is proved that—
(a)the offence was committed with the consent or connivance of an officer of the body corporate, or
(b)the offence was attributable to neglect on the part of an officer of the body corporate,
the officer, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2)In subsection (1) “officer” means—
(a)a director, manager, secretary or similar officer of the body corporate,
(b)in the case of a body corporate whose affairs are managed by its members, a member of the body corporate, or
(c)a person purporting to act in a capacity mentioned in paragraph (a) or (b).
60Meaning of “mobile home”E+W
(1)In this Act “mobile home” means any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle designed or adapted for human habitation, but does not include—
(a)any railway rolling stock which is for the time being on rails forming part of a railway system, or
(b)any tent.
(2)A structure designed or adapted for human habitation which—
(a)is composed of not more than 2 sections separately constructed and designed to be assembled on a site by means of bolts, clamps or other devices, and
(b)is, when assembled, physically capable of being moved by road from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer),
is not to be regarded as not being (or as not having been) a mobile home for the purposes of this Act by reason only that it cannot lawfully be moved on a highway when assembled.
(3)For the purposes of this Act “mobile home” does not include a structure designed or adapted for human habitation which falls within subsection (2)(a) and (b) if its dimensions when assembled exceed any of the following limits, namely—
(a)length (exclusive of any drawbar): 20 metres,
(b)width: 6.8 metres, and
(c)overall height of living accommodation (measured internally from the floor at the lowest level to the ceiling at the highest level): 3.05 metres.
(4)The Welsh Ministers may by order substitute for any figure mentioned in subsection (3) such other figure as may be specified in the order.
61Meaning of “qualifying residents' association”E+W
(1)For the purposes of this Act an association is a “qualifying residents' association”, in relation to a site, if—
(a)it is an association representing the occupiers of mobile homes on the site,
(b)occupiers of at least 50 per cent of those mobile homes are members of the association,
(c)it is independent from the owner of the site who, together with any agent or employee of the owner, is excluded from membership,
(d)subject to paragraph (c), membership is open to occupiers of all mobile homes on the site,
(e)its rules and constitution are open to public inspection and it maintains a list of members,
(f)it has a chairman, secretary and treasurer who are elected by and from among the members, and
(g)with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only 1 vote for each mobile home.
(2)Only 1 occupier of each mobile home may be a member of the association; and, where there is more than 1 occupier of a mobile home, the one who is to be the member of the association is whichever of them the occupiers agree or, in default of agreement, the one whose name appears first on the agreement to station the mobile home on the site.
(3)An association is not a qualifying residents' association in relation to a site unless an up to date list of members has been lodged with the local authority in whose area the site is situated.
(4)When a copy of the list of members of an association is lodged with a local authority, the local authority—
(a)must take reasonable steps to ascertain whether occupiers of at least 50 per cent of the mobile homes on the site are members of the association, and
(b)must give notice in writing to the association and the owner stating whether or not it is satisfied that occupiers of at least 50 per cent of the mobile homes on the site are members of the association.
(5)Where an association is given notice that the local authority is satisfied that occupiers of at least 50 per cent of the mobile homes on the site are members of the association, the duty to lodge an up to date copy of its list of members requires it to do so as soon as is reasonably practicable after any changes in its membership.
(6)If it appears to the local authority at any time that the membership of a qualifying residents' association no longer includes occupiers of at least 50 per cent of the mobile homes on the site, the local authority must immediately give notice in writing to the association and the owner of the site that the association is no longer a qualifying residents' association.
(7)In this section—
-
“arbitration agreement” (“cytundeb cymrodeddu”) means an agreement in writing to submit to arbitration a question as to whether an association is a qualifying residents' association;
-
“occupier” (“meddiannydd”) , in relation to a mobile home and a site, means a person who is entitled—
(a)to station the mobile home on the site, and
(b)to occupy the mobile home as the person's only or main residence; and
-
“tribunal” (“tribiwnlys”), in relation to the owner of a site and an association representing the occupiers of mobile homes on the site, means a residential property tribunal or, where the owner and the association have entered into an arbitration agreement that applies to any question whether the association is a qualifying residents' association arising before the arbitration agreement was made, the arbitrator.
(8)The disclosure by a local authority to the public of a list of members of a qualifying residents' association which has been lodged with the local authority is to be treated for the purposes of section 41(1) of the Freedom of Information Act 2000 as a breach of confidence actionable by the members of the association; but nothing in this subsection applies to the disclosure of details of the chairman, secretary or treasurer.
62Other interpretationE+W
In this Act, unless the context otherwise requires—
-
“Gypsies and Travellers” (“Sipsiwn a Theithwyr”) means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showpeople, or persons engaged in travelling circuses, travelling together as such;
-
“local authority” (“awdurdod lleol”) means the council of a Welsh county or county borough;
-
“local authority Gypsy and Traveller site” (“safle Sipsiwn a Theithwyr awrdurdod lleol”) has the meaning given by section 2(5);
-
“owner” (“perchennog”) is to be construed in accordance with section 3 (but see also sections 39(2), 42 and 55(2)) and related expressions are to be construed accordingly;
-
“pitch fee” (“ffi am y llain”) means the amount which the occupier of a mobile home is required by an agreement to pay for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water and sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts;
-
“planning permission” (“caniatâd cynllunio”) means permission under Part 3 of the Town and Country Planning Act 1990;
-
“protected site” (“safle gwarchodedig”) has the meaning given by section 2(2);
-
“regulated site” (“safle rheoleiddiedig”) has the meaning given by section 2(1);
-
“site licence” (“trwydded safle”) has the meaning given by section 5(1).
63Orders and regulations etc.E+W
(1)Any power of the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.
(2)Subsection (1) does not apply to the power in paragraph 14 of Schedule 1.
(3)No order may be made under section 51 unless the Welsh Ministers have consulted—
(a)such organisations as appear to them to be representative of interests substantially affected by the order, and
(b)such other persons as they consider appropriate.
(4)No order may be made under section 60(4) unless the Welsh Ministers have consulted such persons or bodies as appear to them to be concerned.
(5)None of the following may be made unless a draft of the statutory instrument containing it or them has been laid before, and approved by a resolution of, the National Assembly for Wales—
(a)regulations under section 29(5),
(b)an order under section 51, or
(c)any order or regulations under this Act, other than an order under section 60(4), containing an amendment of an enactment.
(6)A statutory instrument containing—
(a)regulations under section 49 or 52 or paragraph 9, 10, 12 or 13 of Schedule 2,
(b)the first regulations to be made under paragraph 11 or 23 of that Schedule,
(c)an order under section 58(3)(a), or
(d)an order under section 60(4),
is subject to annulment in pursuance of a resolution of the National Assembly for Wales unless a draft of the statutory instrument has been approved in accordance with subsection (5).
(7)A statutory instrument containing regulations under any provision of this Act other than paragraph 11 or 23 of Schedule 2 which is subject to annulment in pursuance of a resolution of the National Assembly for Wales may also contain regulations made under paragraph 11 or 23 of Schedule 2.
(8)Any order or regulations under this Act may make different provision with respect to different cases or descriptions of case, including different provision for different areas or (in the case of regulations under paragraph 9 or 10 of Schedule 2) sales at different prices.
(9)Any order or regulations under this Act may contain such incidental, supplementary, consequential, transitional or saving provisions as the Welsh Ministers consider appropriate.
(10)Any guidance issued under this Act by the Welsh Ministers may be varied or withdrawn by them.
64CommencementE+W
(1)This Part comes into force on the day after the day on which this Act receives Royal Assent.
(2)The other provisions of this Act come into force on a day appointed by order made by the Welsh Ministers.
(3)An order under subsection (2) may appoint different days for different purposes.
65Short titleE+W
The short title of this Act is the Mobile Homes (Wales) Act 2013.
(introduced by section 2)
SCHEDULE 1E+WSITES WHICH ARE NOT REGULATED SITES
Use within curtilage of dwelling houseE+W
1E+WA site is not a regulated site by virtue of being used in a way which is incidental to the enjoyment of a dwelling house within the curtilage of which the land is situated.
Use by a person travelling with a mobile home for 1 or 2 nightsE+W
2E+WSubject to paragraph 14, a site is not a regulated site by virtue of being used by a person travelling with a mobile home who brings the mobile home on to the land for a period which includes not more than 2 nights—
(a)if during that period no other mobile home is stationed for the purposes of human habitation on that land or any adjoining land in the same ownership, and
(b)if, in the period of 12 months ending with the day on which the mobile home is brought on to the land, the number of days on which a mobile home was stationed anywhere on that land or that adjoining land for the purposes of human habitation did not exceed 28.
Use of holdings of 20,000 m² or more in certain circumstancesE+W
3(1)Subject to paragraph 14, a site is not a regulated site on any day if it comprises, together with any adjoining land which is in the same ownership and has not been built on, not less than 20,000 square metres and in the period of 12 months preceding that day—E+W
(a)the number of days on which a mobile home was stationed anywhere on that land or on that adjoining land for the purposes of human habitation did not exceed 28, and
(b)not more than 3 mobile homes were stationed anywhere on that land or on that adjoining land for the purposes of human habitation at any one time.
(2)The Welsh Ministers may by order provide that in any such area as may be specified in the order this paragraph is to have effect as if—
(a)for the reference in the sub-paragraph (1) to 20,000 square metres there were substituted a reference to such smaller area as is specified in the order, or
(b)for the condition specified in paragraph (a) of that sub-paragraph there were substituted a condition that the use in question falls between such dates in any year as may be specified in the order.
(3)The Welsh Ministers may make different orders under sub-paragraph (2) in relation to different areas.
(4)An order under sub-paragraph (2) is to come into force on the date specified in the order, being a date not less than 3 months after the order is made.
(5)The Welsh Ministers must publish notice of an order under sub-paragraph (2) in a local newspaper circulating in the locality affected by the order and in such other ways as appear to them appropriate for the purpose of drawing the attention of the public to the order.
Sites owned and supervised by exempted organisationsE+W
4E+WSubject to paragraph 14, a site is not a regulated site if it is owned by an organisation which holds a certificate of exemption granted under paragraph 13 (an “exempted organisation”) and it is used for purposes of recreation under the supervision of the exempted organisation.
Sites approved by exempted organisationsE+W
5(1)Subject to paragraph 14, a site is not a regulated site if there is in force in respect of it a certificate issued under this paragraph by an exempted organisation and not more than 5 mobile homes are at the time stationed for the purposes of human habitation on the land to which the certificate relates.E+W
(2)For the purposes of this paragraph an exempted organisation may issue as respects any land a certificate stating that the land has been approved by the exempted organisation for use by its members for the purposes of recreation.
(3)The certificate must be issued to the owner of the land to which it relates, and the exempted organisation must send particulars to the Welsh Ministers of all certificates issued by the exempted organisation under this paragraph.
(4)A certificate issued by an exempted organisation under this paragraph must specify the date on which it is to come into force and the period for which it is to continue in force, being a period not exceeding a year.
Meetings organised by exempted organisationsE+W
6E+WSubject to paragraph 14, a site is not a regulated site if the use of the site is under the supervision of an exempted organisation and is in pursuance of arrangements made by that organisation for a meeting for its members lasting not more than 5 days.
Agricultural and forestry workersE+W
7E+WSubject to paragraph 14, a site is not a regulated site if it is agricultural land used for the accommodation during a particular season of a person or persons employed in farming operations on land in the same ownership.
8E+WSubject to paragraph 14, a site is not a regulated site if it is used for the accommodation during a particular season of a person employed on land in the same ownership, being land used for the purposes of forestry (including afforestation).
Building and engineering sitesE+W
9E+WSubject to paragraph 14, a site is not a regulated site if it forms part of, or adjoins, land on which building or engineering operations are being carried out (being operations for the carrying out of which planning permission has, if required, been granted) and is used is for the accommodation of a person or persons employed in connection with the operations.
Travelling showmenE+W
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Sites owned by local authorityE+W
11E+WA site is not a regulated site if it is owned by the local authority.
Temporary exemption after death of, or other change in, ownerE+W
12(1)Where the holder of a site licence for a regulated site dies, or there is a change in who is the owner of a site in respect of which a site licence is in force for any other reason, the site is not a regulated site during the period of 3 months beginning with the day of the death or change of owner (the “initial exempt period”).E+W
(2)If at any time during the initial exempt period, or any subsequent period specified under this sub-paragraph, the personal representatives of the dead owner or the new owner applies to the local authority in whose area the site is, the local authority may by notice issued to the applicant provide that the site is not to be a regulated site during the period specified in the notice.
(3)If a local authority decides to refuse an application under sub-paragraph (2) the local authority must give the applicant notice of that decision and the reasons for it.
Certification of exempted organisationsE+W
13(1)For the purposes of paragraphs 4, 5 and 6 the Welsh Ministers may grant a certificate of exemption to any organisation as to which they are satisfied that its objects include the encouragement or promotion of recreational activities.E+W
(2)A certificate granted under this paragraph may be withdrawn by the Welsh Ministers at any time.
Power to withdraw exceptionsE+W
14(1)The Welsh Ministers may, on the application of a local authority, by order provide that, in relation to such land situated in its area as may be specified in the order, this Schedule is to have effect as if paragraphs 2 to 10, or such one or more of those paragraphs as is specified in the order, were omitted from this Schedule.E+W
(2)An order under this paragraph—
(a)comes into force on the date specified in it, and
(b)may be varied or revoked by a subsequent order only on the application of the local authority on whose application it was made.
(3)Not less than 3 months before an order under this paragraph comes into force, the local authority on whose application it was made must cause a notice setting out the effect of the order and the date on which it comes into force to be published in a local newspaper circulating in the locality in which the land to which the order relates is situated.
(4)Sub-paragraph (3) does not apply in the case of an order the sole effect of which is to revoke in whole or part a previous order.
(introduced by section 50)
SCHEDULE 2E+WTERMS OF MOBILE HOME AGREEMENTS
PART 1 E+WTERMS IMPLIED BY ACT
CHAPTER 1E+WAPPLICATION
1(1)The implied terms set out in Chapter 2 apply to all agreements except an agreement which relates to a pitch on a local authority Gypsy and Traveller site.E+W
(2)The implied terms set out in Chapter 3 apply to an agreement which relates to a transit pitch on a local authority Gypsy and Traveller site.
(3)The implied terms set out in Chapter 4 apply to an agreement which relates to a permanent pitch on a local authority Gypsy and Traveller site.
(4)In this Part—
-
“consumer prices index” (“mynegai prisiau defyddwyr”) means the general index of consumer prices (for all items) published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board;
-
“review date” (“dyddiad yr adolygiad”), in relation to an agreement, means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year or, if no such date is specified, each anniversary of the date the agreement commenced;
-
“written statement” (“datganiad ysgrifenedig”) means the written statement that the owner of the protected site is required to give to the occupier of the mobile home by section 49(1).
CHAPTER 2E+WAGREEMENTS RELATING TO PITCHES EXCEPT THOSE ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES
Duration of agreementE+W
2E+WSubject to paragraph 3, the right to station the mobile home on land forming part of the protected site subsists until the agreement is determined under paragraph 4, 5, 6 or 7.
3(1)If the owner's estate or interest is insufficient to enable the owner to grant the right for an indefinite period, the period for which the right subsists does not extend beyond the date when the owner's estate or interest determines.E+W
(2)If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires.
(3)If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account is to be taken of that change.
TerminationE+W
4E+WThe occupier is entitled to terminate the agreement by notice in writing given to the owner not less than 4 weeks before the date on which it is to take effect.
5E+WThe owner is entitled to terminate the agreement immediately if, on the application of the owner, the appropriate judicial body—
(a)is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time, and
(b)considers it reasonable for the agreement to be terminated.
6E+WThe owner is entitled to terminate the agreement immediately if, on the application of the owner, the appropriate judicial body—
(a)is satisfied that the occupier is not occupying the mobile home as the occupier's only or main residence, and
(b)considers it reasonable for the agreement to be terminated.
7(1)The owner is entitled to terminate the agreement immediately if—E+W
(a)on the application of the owner, a tribunal has determined that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site, and
(b)then, on the application of the owner, the appropriate judicial body, having regard to the tribunal's determination and to any other circumstances, considers it reasonable for the agreement to be terminated.
(2)Sub-paragraphs (3) and (4) apply if, on an application to the tribunal under sub-paragraph (1)(a)—
(a)the tribunal considers that, having regard to the present condition of the mobile home, it is having a detrimental effect on the amenity of the site, but
(b)it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in the mobile home not having that detrimental effect, and
(c)the occupier indicates to the tribunal that the occupier intends to carry out those repairs.
(3)In such a case, the tribunal may make an interim order—
(a)specifying the repairs that must be carried out and the time within which they must be carried out, and
(b)adjourning the proceedings on the application for such period specified in the interim order as the tribunal considers reasonable to enable the repairs to be carried out.
(4)If the tribunal makes an interim order under sub-paragraph (3), it must not make a determination under sub-paragraph (1)(a) unless it is satisfied that the specified period has expired without the repairs having been carried out.
Recovery of overpayments by occupierE+W
8E+WWhere the agreement is terminated as mentioned in paragraph 4, 5, 6 or 7, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination.
Sale of mobile homeE+W
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Gift of mobile homeE+W
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Re-siting of mobile homeE+W
14(1)The owner is entitled to require that the occupier's right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site (“the other pitch”) if—E+W
(a)on the application of the owner, a tribunal is satisfied that the other pitch is broadly comparable to the occupier's original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period, or
(b)the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and either—
(i)on an application by the owner a tribunal is satisfied of that need and that the other pitch is broadly comparable to the occupier's original pitch, or
(ii)the urgency of the need means that it is impracticable to make an application before the mobile home is re-sited.
(2)In a case where sub-paragraph (ii) of paragraph (b) of sub-paragraph (1) applies, the owner must immediately make an application to a tribunal and if the tribunal is not satisfied as mentioned in sub-paragraph (i) of that paragraph the owner must immediately secure that the mobile home is returned to the original pitch.
(3)If the owner requires the occupier to station the mobile home on the other pitch so that the owner can replace, or carry out repairs to, the base on which the mobile home is stationed, the owner must, if the occupier requires the owner to do so or a tribunal on the application of the occupier orders the owner to do so, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs.
(4)The owner must pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch.
(5)In this paragraph and paragraph 16 “essential repair or emergency works” means—
(a)repairs to the base on which the mobile home is stationed,
(b)works or repairs needed to comply with any relevant legal requirements, or
(c)works or repairs in connection with restoration following flood, landslide or other natural disaster.
Quiet enjoyment of the mobile homeE+W
15E+WThe occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 14 and 16.
Owner's right of entry to the pitchE+W
16(1)The owner may enter the pitch without prior notice between the hours of 9 am and 6 pm—E+W
(a)to deliver written communications, including post and notices, to the occupier, and
(b)to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.
(2)The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.
(3)Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in sub-paragraph (1) or (2) only if the owner has given the occupier at least 14 clear days' written notice of the date, time and reason for the visit.
(4)The rights conferred by this paragraph do not extend to the mobile home.
The pitch feeE+W
17(1)The pitch fee can only be changed in accordance with this paragraph, either—E+W
(a)with the agreement of the occupier, or
(b)if a tribunal, on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.
(2)The pitch fee must be reviewed annually as at the review date.
(3)At least 28 clear days before the review date the owner must serve on the occupier a written notice setting out proposals in respect of the new pitch fee.
(4)A notice under sub-paragraph (3) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 23.
(5)If the occupier agrees to the proposed new pitch fee, it is payable as from the review date.
(6)If the occupier does not agree to the proposed new pitch fee—
(a)the owner or the occupier may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee,
(b)the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the tribunal under sub-paragraph (1)(b), and
(c)the new pitch fee is payable as from the review date but the occupier is not to be regarded as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the tribunal's order determining the amount of the new pitch fee.
(7)An application under sub-paragraph (6)(a) may be made at any time after the end of the period of 28 days beginning with the review date but no later than 3 months after the review date.
(8)Sub-paragraphs (9) to (12) apply if the owner—
(a)has not served the notice required by sub-paragraph (3) by the time by which it was required to be served, but
(b)at any time afterwards serves on the occupier a written notice setting out proposals in respect of a new pitch fee.
(9)A notice under sub-paragraph (8)(b) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 23.
(10)If (at any time) the occupier agrees to the proposed pitch fee, it is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (8)(b).
(11)If the occupier has not agreed to the proposed pitch fee—
(a)the owner or the occupier may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee,
(b)the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by a tribunal under sub-paragraph (1)(b), and
(c)if the tribunal makes such an order, the new pitch fee is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (8)(b).
(12)An application under sub-paragraph (11) may be made at any time after the end of the period of 56 days beginning with date on which the owner serves the notice under sub-paragraph (8)(b) but no later than 4 months after the date on which the owner serves that notice.
(13)A tribunal may permit an application under sub-paragraph (6)(a) or (11)(a) to be made to it outside the time limit specified in sub-paragraph (7) (in the case of an application under sub-paragraph (6)(a)) or in sub-paragraph (12) (in the case of an application under sub-paragraph (11)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.
(14)The occupier is not to be treated as being in arrears—
(a)where sub-paragraph (10) applies, until the 28th day after the date on which the new pitch fee is agreed, or
(b)where sub-paragraph (11)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the tribunal's order determining the amount of the new pitch fee.
(15)Sub-paragraph (16) applies if a tribunal, on the application of the occupier, is satisfied that—
(a)a notice under sub-paragraph (3) or (8)(b) was of no effect as a result of sub-paragraph (4) or (9), but
(b)the occupier nonetheless paid the owner the pitch fee proposed in the notice.
(16)The tribunal may order the owner to pay the occupier, within the period of 21 days beginning with the date of the order, the difference between—
(a)the amount which the occupier was required to pay the owner for the period in question, and
(b)the amount which the occupier has paid the owner for that period.
18(1)When determining the amount of the new pitch fee particular regard is to be had to—E+W
(a)any sums expended by the owner since the last review date on improvements—
(i)which are for the benefit of the occupiers of mobile homes on the protected site,
(ii)which were the subject of consultation in accordance with paragraph 22(1)(e) and (f), and
(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, a tribunal, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee,
(b)any deterioration in the condition, and any decrease in the amenity, of the site or any adjoining land which is occupied or controlled by the owner since the date on which this sub-paragraph came into force (in so far as regard has not previously been had to that deterioration or decrease for the purposes of this sub-paragraph),
(c)any reduction in the services that the owner supplies to the site, pitch or mobile home, and any deterioration in the quality of those services, since the date on which this sub-paragraph came into force (in so far as regard has not previously been had to that reduction or deterioration for the purposes of this sub-paragraph), and
(d)any direct effect on the costs payable by the owner in relation to the maintenance or management of the site of an enactment which has come into force since the last review date.
(2)But no regard is to be had, when determining the amount of the new pitch fee, to any costs incurred by the owner since the last review date for the purpose of complying with provisions contained in this Part which were not contained in the Mobile Homes Act 1983 in its application in relation to Wales before the coming into force of this Part.
(3)When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only 1 occupier and, in the event of there being more than 1 occupier of a mobile home, its occupier is to be taken to be whichever of them the occupiers agree or, in default of agreement, the one whose name appears first on the agreement.
(4)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.
19(1)When determining the amount of the new pitch fee, any costs incurred by the owner in connection with expanding the protected site are not to be taken into account.E+W
(2)When determining the amount of the new pitch fee, no regard may be had to—
(a)any costs incurred by the owner in relation to the conduct of proceedings under this Part or the agreement,
(b)any fee required to be paid by the owner by virtue of section 6 or 13, or
(c)any costs incurred by the owner in connection with—
(i)any action taken by a local authority under sections 15 to 25, or
(ii)the owner being convicted of an offence under section 18.
20(1)Unless it would be unreasonable having regard to paragraph 18(1), there is a presumption that the pitch fee is to increase or decrease by a percentage which is no more than any percentage increase or decrease in the consumer prices index calculated by reference only to—E+W
(a)the latest index, and
(b)the index published for the month which was 12 months before that to which the latest index relates.
(2)In sub-paragraph (1) “the latest index”—
(a)in a case where the owner serves a notice under paragraph 17(3), means the last index published before the day on which that notice is served, and
(b)in a case where the owner serves a notice under paragraph 17(8)(b) means the last index published before the day by which the owner was required to serve a notice under paragraph 17(3).
Occupier's obligations and owner's corresponding obligationsE+W
21(1)The occupier must—E+W
(a)pay the pitch fee to the owner,
(b)pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner,
(c)keep the mobile home in a sound state of repair,
(d)maintain—
(i)the outside of the mobile home, and
(ii)the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home,
in a clean and tidy condition, and
(e)if requested by the owner, provide the owner with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.
(2)The owner must not do or cause to be done anything—
(a)which may adversely affect the ability of the occupier to perform the obligation under sub-paragraph (1)(c) or which may deter the occupier from making internal improvements to the mobile home or interfere with the occupier's ability to do so, or
(b)which may adversely affect the ability of the occupier to perform the obligations under sub-paragraph (1)(d) or which may deter the occupier from making external improvements to the mobile home or interfere with the occupier's ability to do so.
(3)Sub-paragraph (2) does not authorise the occupier to carry out works to the mobile home which are prohibited by the terms of the agreement or by or under any enactment.
(4)Where the terms of the agreement permit works to the mobile home to be carried out only with the permission of the owner, that permission must not be unreasonably withheld.
Owner's other obligationsE+W
22(1)The owner must—E+W
(a)if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of—
(i)the size of the pitch and the base on which the mobile home is stationed, and
(ii)the location of the pitch and the base within the protected site,
and the details must include measurements between identifiable fixed points on the protected site and the pitch and the base,
(b)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
(iii)any other charges, costs or expenses payable by the occupier to the owner under the agreement,
(c)be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home,
(d)maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site,
(e)consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee, and
(f)consult a qualifying residents' association (if there is one) or (otherwise) occupiers of mobile homes stationed on the protected site, about all matters which relate to the operation and management of, improvements to, or any proposed change of use of, the protected site and may affect the occupiers either directly or indirectly.
(2)For the purposes of sub-paragraph (1)(e), to “consult” the occupier means—
(a)to give the occupier at least 28 clear days' notice in writing of the proposed improvements which—
(i)describes the proposed improvements and how they will benefit the occupier in the long and short term,
(ii)details how the pitch fee may be affected when it is next reviewed, and
(iii)states when and where the occupier can make representations about the proposed improvements, and
(b)to take into account any representations made by the occupier about the proposed improvements, in accordance with paragraph (a)(iii), before undertaking them.
(3)For the purposes of sub-paragraph (1)(f), to “consult” a qualifying residents' association or occupiers means—
(a)to give the association or occupiers at least 28 clear days' notice in writing of the matters referred to in sub-paragraph (1)(f) which—
(i)describes the matters and how they may affect the occupiers either directly or indirectly in the long and short term, and
(ii)states when and where the association or occupiers can make representations about the matters, and
(b)to take into account any representations made by the association or occupiers, in accordance with paragraph (a)(ii), before proceeding with the matters.
23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Owner's name and addressE+W
24(1)The owner must by notice inform the occupier and any qualifying residents' association of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier or a qualifying residents' association.E+W
(2)If the owner fails to comply with sub-paragraph (1), then (subject to sub-paragraph (5)) any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner complies with sub-paragraph (1).
(3)Where in accordance with the agreement the owner gives any written notice to the occupier or a qualifying residents' association, the notice must contain the following information—
(a)the name and address of the owner, and
(b)if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner.
(4)Subject to sub-paragraph (5), where—
(a)the occupier or a qualifying residents' association receives such a notice, but
(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (3),
the notice is to be treated as not having been given until such time as the owner gives the information to the occupier or qualifying residents' association in respect of the notice.
(5)An amount or notice within sub-paragraph (2) or (4) is not to be treated as mentioned in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
(6)Nothing in sub-paragraphs (3) to (5) applies to any notice containing a demand to which paragraph 25(1) applies.
25(1)Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain—E+W
(a)the name and address of the owner, and
(b)if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner.
(2)Subject to sub-paragraph (3), where—
(a)the occupier receives such a demand, but
(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (1),
the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.
(3)The amount demanded is not to be treated as not being due in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
CHAPTER 3E+WAGREEMENTS RELATING TO TRANSIT PITCHES ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES
Duration of agreementE+W
26E+WSubject to paragraph 27 the right to station the mobile home on the transit pitch subsists until—
(a)the fixed period set out in the agreement expires, or
(b)termination of the agreement under paragraph 28 or 29,
whichever is sooner.
27(1)If the owner's estate or interest is insufficient to enable the owner to grant the right for the fixed period set out in the agreement, the period for which the right subsists does not extend beyond the date when the owner's estate or interest determines.E+W
(2)If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires.
(3)If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it requires the owner to limit the duration of stay for mobile homes on the site, the period for which the right subsists does not extend beyond that duration.
TerminationE+W
28E+WThe occupier is entitled to terminate the agreement before the expiry of the fixed period set out in the agreement by notice in writing given to the owner.
29E+WThe owner is entitled to terminate the agreement before the expiry of the fixed period set out in the agreement—
(a)without being required to show any reason, by giving written notice not less than 4 weeks before the date on which that notice is to take effect, or
(b)immediately, where—
(i)the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time, and
(ii)the owner considers it reasonable for the agreement to be terminated.
Recovery of overpayments by occupierE+W
30E+WWhere the agreement is terminated as mentioned in paragraph 28 or 29, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination.
Quiet enjoyment of the mobile homeE+W
31E+WThe occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraph 32.
Owner's right of entry to the pitchE+W
32(1)The owner may enter the pitch without prior notice between the hours of 9 am and 6 pm —E+W
(a)to deliver written communications, including post and notices, to the occupier, and
(b)to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.
(2)The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.
(3)In this paragraph “essential repair or emergency works” means—
(a)repairs to the base on which the mobile home is stationed,
(b)repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses,
(c)works or repairs needed to comply with any relevant legal requirements, or
(d)works or repairs in connection with restoration following flood, landslide or other natural disaster.
(4)Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in sub-paragraph (3) or (2) only if the owner has given the occupier at least 14 clear days' written notice of the date, time and reason for the visit.
(5)The rights conferred by this paragraph do not extend to the mobile home.
Owner's name and addressE+W
33(1)The owner must by notice inform the occupier of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier.E+W
(2)If the owner fails to comply with sub-paragraph (1), then any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner complies with sub-paragraph (1).
(3)Where in accordance with the agreement the owner gives any written notice to the occupier the notice must contain the name and address of the owner.
(4)Where—
(a)the occupier receives such a notice, but
(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (3),
the notice is to be treated as not having been given until such time as the owner gives the information to the occupier in respect of the notice.
(5)Nothing in sub-paragraphs (3) and (4) applies to any notice containing a demand to which paragraph 34(1) applies.
34(1)Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the owner.E+W
(2)Where—
(a)the occupier receives such a demand, but
(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (1),
the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.
CHAPTER 4E+WAGREEMENTS RELATING TO PERMANENT PITCHES ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES
Duration of agreementE+W
35E+WSubject to paragraph 36, the right to station the mobile home on land forming part of the protected site subsists until the agreement is determined under paragraph 37, 38, 39 or 40.
36(1)If the owner's estate or interest is insufficient to enable the owner to grant the right for an indefinite period, the period for which the right subsists does not extend beyond the date when the owner's estate or interest determines.E+W
(2)If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires.
(3)If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account is to be taken of that change.
TerminationE+W
37E+WThe occupier is entitled to terminate the agreement by notice in writing given to the owner not less than 4 weeks before the date on which it is to take effect.
38E+WThe owner is entitled to terminate the agreement immediately if, on the application of the owner, the appropriate judicial body—
(a)is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time, and
(b)considers it reasonable for the agreement to be terminated.
39E+WThe owner is entitled to terminate the agreement immediately if, on the application of the owner, the appropriate judicial body—
(a)is satisfied that the occupier is not occupying the mobile home as the occupier's only or main residence, and
(b)considers it reasonable for the agreement to be terminated.
40(1)The owner is entitled to terminate the agreement immediately if—E+W
(a)on the application of the owner, a tribunal has determined that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site, and
(b)then, on the application of the owner, the appropriate judicial body, having regard to the tribunal's determination and to any other circumstances, considers it reasonable for the agreement to be terminated.
(2)Sub-paragraphs (3) and (4) apply if, on an application to the tribunal under sub-paragraph (1)(a)—
(a)the tribunal considers that, having regard to the present condition of the mobile home, it is having a detrimental effect on the amenity of the site, but
(b)it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in the mobile home not having that detrimental effect, and
(c)the occupier indicates to the tribunal that the occupier intends to carry out those repairs.
(3)In such a case, the tribunal may make an interim order—
(a)specifying the repairs that must be carried out and the time within which they must be carried out, and
(b)adjourning the proceedings on the application for such period specified in the interim order as the tribunal considers reasonable to enable the repairs to be carried out.
(4)If the tribunal makes an interim order under sub-paragraph (3), it must not make a determination under sub-paragraph (1)(a) unless it is satisfied that the specified period has expired without the repairs having been carried out.
Assignment of agreementE+W
41(1)The occupier (“A”) may assign the agreement—E+W
(a)to a person who is a member of A's family, or
(b)to another person (“B”) if the conditions in sub-paragraph (2) are met.
(2)The conditions are that—
(a)A must have the approval of the owner, and
(b)B must—
(i)be an occupier of a permanent pitch on a relevant site, and
(ii)have the approval of the owner to the assignment of B's agreement to A or to another occupier of a permanent pitch on a relevant site.
(3)A relevant site for the purposes of sub-paragraph (2) is a local authority Gypsy and Traveller site in the area of the local authority in which the site on which the pitch to which A's agreement relates is located.
(4)Neither the occupier nor the owner may require any payment to be made (whether to the occupier or owner or otherwise) in connection with the assignment of the agreement under this paragraph.
42(1)The occupier may serve on the owner a request to approve for the purposes of paragraph 41, an assignment to a person named in the request (“the proposed occupier”).E+W
(2)Where the request relates to an assignment under paragraph 41(1)(a) the request must include satisfactory evidence that the proposed occupier is a member of the occupier's family.
(3)Where the owner receives a request under sub-paragraph (1), the owner must, within 28 days beginning with the date on which the request is received—
(a)approve the assignment, unless it is reasonable for the owner not to do so, and
(b)serve on the occupier notice of the owner's decision (“a decision notice”).
(4)If a person (“P”) receives a request under sub-paragraph (1) and P—
(a)while not being the owner, has an estate or interest in the land, and
(b)believes that another person is the owner,
and that other person has not received such a request, P owes a duty to the occupier (enforceable by a claim in tort for breach of statutory duty, as well as by action for breach of an implied term) to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which P receives it.
(5)If the approval is withheld, the decision notice must specify the reasons for withholding it.
(6)Where a fee lawfully due from the occupier has not been paid or any term of the agreement has been broken or not performed, the approval required for the purpose of paragraph 41 may be given subject to a condition requiring the occupier to pay the outstanding fee, remedy the breach or perform the obligation.
(7)Except as provided by sub-paragraph (6), the approval required for the purpose of paragraph 41 cannot be given subject to a condition and a condition imposed otherwise than as so provided is to be disregarded.
(8)If the owner fails to serve the notice or withholds approval to the assignment the occupier may apply to the tribunal for an order declaring that the assignment is approved for the purposes of paragraph 41 and the tribunal may make such an order if it thinks fit.
(9)If the question arises as to whether the notice required by sub-paragraph (3)(b) was served within the required period of 28 days, it is for an owner to show that the notice was so served.
(10)If the owner did not approve the assignment and the question arises whether it was reasonable for the owner not to do so, it is for the owner to show that it was reasonable.
(11)A request or notice under this paragraph—
(a)must be in writing, and
(b)may be served by post.
(12)Subject to sub-paragraph (13), an application to the tribunal under sub-paragraph (8) by an occupier must be made—
(a)within the period of 3 months beginning with the day after the date on which the occupier receives the decision notice, or
(b)where the occupier receives no decision notice, within the period of 3 months beginning with the date which is 29 days after the date upon which the occupier served the request under sub-paragraph (1).
(13)A tribunal may permit an application under sub-paragraph (8) to be made to the tribunal after the applicable period specified in sub-paragraph (12) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply before the end of that period and for any delay since then in applying for permission to make the application out of time.
Recovery of overpayments by occupierE+W
43E+WWhere the agreement is terminated as mentioned in paragraph 37, 38, 39 or 40, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination.
Re-siting of mobile homeE+W
44(1)The owner is entitled to require that the occupier's right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site or a pitch forming part of another protected site (“the other pitch”) if—E+W
(a)on the application of the owner, a tribunal is satisfied that the other pitch is broadly comparable to the occupier's original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period, or
(b)the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier's original pitch.
(2)A pitch forming part of another protected site is, for the purposes of sub-paragraph (1)(a), broadly comparable to the occupier's original pitch only if it provides access to health and education services required by the occupier which is, as far as reasonably practicable, broadly comparable to the access provided by the occupier's original pitch.
(3)If the owner requires the occupier to station the mobile home on the other pitch so that the owner can replace, or carry out repairs to, the base on which the mobile home is stationed, the owner must, if the occupier requires the owner to do so or a tribunal on the application of the occupier orders the owner to do so, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs.
(4)The owner must pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch.
(5)In this paragraph and in paragraph 46 “essential repair or emergency works” means—
(a)repairs to the base on which the mobile home is stationed,
(b)repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses,
(c)works or repairs needed to comply with any relevant legal requirements, or
(d)works or repairs in connection with restoration following flood, landslide or other natural disaster.
Quiet enjoyment of the mobile homeE+W
45E+WThe occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 44 and 46.
Owner's right of entry to the pitchE+W
46(1)The owner may enter the pitch without prior notice between the hours of 9 am and 6 pm —E+W
(a)to deliver written communications, including post and notices, to the occupier, and
(b)to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.
(2)The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.
(3)Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in sub-paragraph (1) or (2) only if the owner has given the occupier at least 14 clear days' written notice of the date, time and reason for the owner's visit.
(4)The rights conferred by this paragraph do not extend to the mobile home.
The pitch feeE+W
47(1)The pitch fee can only be changed in accordance with this paragraph, either—E+W
(a)with the agreement of the occupier, or
(b)if a tribunal, on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.
(2)The pitch fee must be reviewed annually as at the review date.
(3)At least 28 clear days before the review date the owner must serve on the occupier a written notice setting out the owner's proposals in respect of the new pitch fee.
(4)If the occupier agrees to the proposed new pitch fee, it is payable as from the review date.
(5)If the occupier does not agree to the proposed new pitch fee—
(a)the owner may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee,
(b)the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by a tribunal under sub-paragraph (1)(b), and
(c)the new pitch fee is payable as from the review date but the occupier is not to be regarded as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the order of the tribunal determining the amount of the new pitch fee.
(6)An application under sub-paragraph (5)(a) may be made at any time after the end of the period of 28 days beginning with the review date but no later than 3 months after the review date.
(7)Sub-paragraphs (8) to (12) apply if the owner—
(a)has not served the notice required by sub-paragraph (3) by the time by which it was required to be served, but
(b)at any time afterwards serves on the occupier a written notice setting out the owner's proposals in respect of a new pitch fee.
(8)If (at any time) the occupier agrees to the proposed pitch fee, it is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (7)(b).
(9)If the occupier has not agreed to the proposed pitch fee—
(a)the owner may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee,
(b)the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by a tribunal under sub-paragraph (1)(b), and
(c)if a tribunal makes such an order, the new pitch fee is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (7)(b).
(10)An application under sub-paragraph (9) may be made at any time after the end of the period of 56 days beginning with the date on which the owner serves the notice under sub-paragraph (7)(b) but no later than 4 months after the date on which the owner serves that notice.
(11)A tribunal may permit an application under sub-paragraph (5)(a) or (9)(a) to be made to it outside the time limit specified in sub-paragraph (6) (in the case of an application under sub-paragraph (5)(a)) or in sub-paragraph (10) (in the case of an application under sub-paragraph (9)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.
(12)The occupier is not to be treated as being in arrears—
(a)where sub-paragraph (8) applies, until the 28th day after the date on which the new pitch fee is agreed, or
(b)where sub-paragraph (9)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of a tribunal order determining the amount of the new pitch fee.
48(1)When determining the amount of the new pitch fee particular regard is to be had to—E+W
(a)any sums expended by the owner since the last review date on improvements—
(i)which are for the benefit of the occupiers of mobile homes on the protected site,
(ii)which were the subject of consultation in accordance with paragraph 52(1)(f) and (g), and
(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, a tribunal, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee,
(b)any decrease in the amenity of the protected site since the last review date, and
(c)the effect of any enactment which has come into force since the last review date.
(2)When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only 1 occupier and, in the event of there being more than 1 occupier of a mobile home, its occupier is to be taken to be whichever the occupiers agree or, in default of agreement, the occupier whose name first appears on the agreement.
(3)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.
49E+WWhen determining the amount of the new pitch fee no regard may be had to—
(a)any costs incurred by the owner in connection with expanding the protected site, or
(b)any costs incurred by the owner in relation to the conduct of proceedings under this Part or the agreement.
50(1)Unless it would be unreasonable having regard to paragraph 48(1), there is a presumption that the pitch fee will increase or decrease by a percentage which is no more than any percentage increase or decrease in the consumer prices index calculated by reference only to—E+W
(a)the latest index, and
(b)the index published for the month which was 12 months before that to which the latest index relates.
(2)In sub-paragraph (1) “the latest index” means—
(a)in the case where the owner serves a notice under paragraph 47(3), the latest index published before the day on which that notice is served, and
(b)in the case where the owner serves a notice under paragraph 47(7)(b), the latest index published before the day by which the owner was required to serve a notice under paragraph 47(3).
Occupier's obligations and owner's corresponding obligationsE+W
51(1)The occupier must—E+W
(a)pay the pitch fee to the owner,
(b)pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner,
(c)keep the mobile home in a sound state of repair,
(d)maintain—
(i)the outside of the mobile home, and
(ii)the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home,
in a clean and tidy condition, and
(e)if requested by the owner, provide the owner with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.
(2)The owner must not do or cause to be done anything which may adversely affect the ability of the occupier to perform the occupier's obligations under sub-paragraph (1)(c) and (d).
Owner's other obligationsE+W
52(1)The owner must—E+W
(a)if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of—
(i)the size of the pitch and the base on which the mobile home is stationed, and
(ii)the location of the pitch and the base within the protected site,
and such details must include measurements between identifiable fixed points on the protected site and the pitch and the base,
(b)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
(iii)any other charges, costs or expenses payable by the occupier to the owner under the agreement,
(c)be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home,
(d)be responsible for repairing other amenities provided by the owner on the pitch including any outhouses and facilities provided,
(e)maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site,
(f)consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee, and
(g)consult a qualifying residents' association (if there is one) about all matters which relate to the operation and management of, or improvements to, the protected site and may affect the occupiers either directly or indirectly.
(2)For the purposes of sub-paragraph (1)(f), to “consult” the occupier means—
(a)to give the occupier at least 28 clear days' notice in writing of the proposed improvements which—
(i)describes the proposed improvements and how they will benefit the occupier in the long and short term,
(ii)details how the pitch fee may be affected when it is next reviewed, and
(iii)states when and where the occupier can make representations about the proposed improvements, and
(b)to take into account any representations made by the occupier about the proposed improvements, in accordance with paragraph (a)(iii), before undertaking them.
(3)For the purposes of sub-paragraph (1)(g), to “consult” a qualifying residents' association means—
(a)to give the association at least 28 clear days' notice in writing of the matters referred to in sub-paragraph (1)(g) which—
(i)describes the matters and how they may affect the occupiers either directly or indirectly in the long and short term, and
(ii)states when and where the association can make representations about the matters, and
(b)to take into account any representations made by the association, in accordance with paragraph (a)(ii), before proceeding with the matters.
Owner's name and addressE+W
53(1)The owner must by notice inform the occupier and any qualifying residents' association of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier or a qualifying residents' association.E+W
(2)If the owner fails to comply with sub-paragraph (1), then any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner does comply with that sub-paragraph.
(3)Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents' association, the notice must contain the name and address of the owner.
(4)Where—
(a)the occupier or a qualifying residents' association receives such a notice, but
(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (3),
the notice is to be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.
(5)Nothing in sub-paragraphs (3) and (4) applies to any notice containing a demand to which paragraph 54(1) applies.
54(1)Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the owner.E+W
(2)Where—
(a)the occupier receives such a demand, but
(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (1), the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.
PART 2 E+WMATTERS CONCERNING WHICH TERMS MAY BE IMPLIED BY THE APPROPRIATE JUDICIAL BODY
55E+WThe sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid.
56E+WThe review at yearly intervals of the sums payable by the occupier in pursuance of the agreement.
57E+WThe provision or improvement of services available on the protected site, and the use by the occupier of such services.
58E+WThe preservation of the amenity of the protected site.
(introduced by section 57)
SCHEDULE 3E+WFURTHER PROVISIONS ABOUT ORDERS RELATING TO COMMONS
Duty to consult conservatorsE+W
1E+WBefore making an order under section 57(2) with respect to land which is or forms part of a common of which conservators have been appointed under any local Act, or under any order made under an Act of Parliament, the local authority must consult the conservators.
Procedure for making orders imposing prohibitionsE+W
2E+WBefore making any order under section 57(2), other than an order the sole effect of which is to revoke or vary a previous order, the local authority must publish in 1 or more local newspapers circulating in the locality in which the land is situated a notice—
(a)stating the general effect of the order,
(b)specifying a place in that locality where a copy of the draft order may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice, and
(c)stating that, within that period, any person may by notice to the local authority object to the making of the order.
3(1)Not later than the date on which notice under paragraph 2 is first published, the local authority must serve a copy of it on every person entitled as lord of the manor or otherwise to the soil of the land unless the local authority is satisfied that the persons entitled to the soil of the land are numerous or cannot after diligent inquiry be ascertained.E+W
(2)A notice under sub-paragraph (1) may be served on any person by sending it in a registered letter addressed to the person at the person's usual or last known address.
4(1)If, before the end of the period of 28 days beginning with the date of the first publication of a notice under paragraph 2, an objection to the making of the order to which the notice relates is duly made to the local authority by any person entitled to the soil of the land, and the notice is not subsequently withdrawn, the local authority must not proceed with the making of the order.E+W
(2)Subject to that, the local authority may, at any time within 1 year after the end of that period, make an order in the terms of the draft order.
(3)But if any objection to the making of the order was duly made within that period by a person who was not entitled to the soil of the land, and the objection has not been withdrawn at the date on which the order is made, the order does not take effect until it is confirmed by the Welsh Ministers.
(4)Where the local authority submits an order to the Welsh Ministers for confirmation, it must send to the Welsh Ministers a copy of every such objection as is referred to in the sub-paragraph (3).
(5)The Welsh Ministers, after considering every such objection and (if they think fit) causing a local inquiry to be held, may confirm or refuse to confirm the order and, if they confirm it, may do so subject to such modifications (if any) as they think desirable.
Notice to lord of manor of other ordersE+W
5E+WWhere the sole effect of an order under section 57(2) is to revoke or vary a previous order (so that paragraphs 2 to 4 do not apply with respect to the making of the order) the local authority must serve such notices, and take such other steps, as appear to it to be appropriate for informing the persons entitled to the soil of the land of the effect of the order.
Crown landE+W
6(1)Where it is proposed to make an order of the kind described in paragraph 2 with respect to land in which there is a Crown or Duchy interest, and the nature of that interest is such that, but for this paragraph, the person to whom the interest belongs would be entitled under paragraph 3 to a copy of the notice referred to in that paragraph—E+W
(a)paragraph 3 has effect as if it required the copy to be served instead on the appropriate authority, and
(b)paragraph 4(1) does not apply in relation to the order but the local authority must not make the order unless and until it has obtained the consent in writing of the appropriate authority.
(2)In this paragraph “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.
(3)In this paragraph “the appropriate authority”—
(a)in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land,
(b)in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy,
(c)in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints, and
(d)in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.
(4)If any question arises as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.
(introduced by section 58)
SCHEDULE 4E+WCONSEQUENTIAL AMENDMENTS
Modifications etc. (not altering text)
C3Sch. 4 having effect as specified (6.1.2014) by The Mobile Homes (Wales) Act 2013 (Commencement, Transitional and Saving Provisions) Order 2014 (No. 11), art. 3(2)
Caravan Sites and Control of Development Act 1960 (c. 62)E+W
1(1)The Caravan Sites and Control of Development Act 1960 is amended as follows.E+W
(2)In section 1, after subsection (1) insert—
“(1A)Subsection (1) does not apply in relation to a regulated site within the meaning of the Mobile Homes (Wales) Act 2013.”
(3)In section 23—
(a)in subsection (1), after “any land” insert “ in England ”, and
(b)omit subsection (9).
(4)In section 24—
(a)in subsection (1), after “local authority” insert “ in England ”, and
(b)in subsection (8), omit “in England”.
Caravan Sites Act 1968 (c. 52)E+W
2(1)The Caravan Sites Act 1968 is amended as follows.E+W
(2)In section 1(2), after “any land” insert “ in England ”.
(3)In section 3—
(a)in subsections (1)(c) and (1A)(b), omit “or, if the site concerned is in Wales, persistently withdraws or withholds”,
(b)in subsection (1AA), omit “in England”.
(4)In section 13(3), for “Minister” substitute “ Secretary of State ”.
(5)In section 16, omit the definition of “the Minister”.
Rating (Caravan Sites) Act 1976 (c. 15)E+W
3E+WIn section 6 of the Rating (Caravan Sites) Act 1976—
(a)in paragraph (b)—
(i)for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 or Part 2 of the Mobile Homes (Wales) Act 2013 ”, and
(ii)for “the Act” substitute “ the Caravan Sites and Control of Development Act 1960 or paragraph 4 and paragraph 11 of Schedule 1 to the Mobile Homes (Wales) Act 2013 ”, and
(b)in paragraph (d)—
(i)for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 ”, and
(ii)insert at the end “ or is for purposes of the Mobile Homes (Wales) Act 2013 the owner of the caravan site ”.
Mobile Homes Act 1983 (c. 34)E+W
4(1)The Mobile Homes Act 1983 is amended as follows.E+W
(2)In section 1—
(a)in subsection (2)(e), for “appropriate national authority” substitute “ Secretary of State ”,
(b)in subsection (8A), omit “in England and Wales”, and
(c)in subsection (9)(b), omit “if made by the Secretary of State,”.
(3)In section 2(6), omit “in England and Wales”.
(4)In section 2A—
(a)in subsection (1), for—
(i)“appropriate national authority” and
(ii)“authority” (in the second place),
substitute “Secretary of State”,
(b)in subsection (5)—
(i)omit “by the appropriate national authority”, and
(ii)for “the authority” and for “it” (in both places) substitute “ the Secretary of State ”, and
(c)in subsection (6), omit “by the Secretary of State”.
(5)In section 2C(1), for “in England (other than a gypsy and traveller site)” substitute “ , other than a gypsy and traveller site, ”.
(6)In section 3(4)—
(a)in paragraph (b), omit “in relation to a protected site in England; or”, and
(b)omit paragraph (c).
(7)In section 4—
(a)in the heading omit “: England and Wales”, and
(b)in subsections (1) and (3), omit “in England or in Wales”.
(8)In section 5—
(a)omit the definition of “the appropriate national authority”, and
(b)in the definition of “the court”, omit “and Wales”.
(9)In Part 1 of Schedule 1—
(a)in Chapter 1, in paragraph 1(1), (2) and (3), omit “in England and Wales”,
(b)in the heading of Chapter 2 omit “IN ENGLAND AND WALES”,
(c)in Chapter 2, in paragraph 7A, omit sub-paragraph (1),
(d)in Chapter 2, omit paragraph 8,
(e)in Chapter 2, in paragraph 8A, omit sub-paragraph (1),
(f)in Chapter 2, omit paragraph 9,
(g)in Chapter 2, in paragraph 17—
(i)in sub-paragraph (2A), for “In the case of a protected site in England, a” substitute “ A ”,
(ii)in sub-paragraph (4)(a), omit “or (in the case of a protected site in England)”,
(iii)in sub-paragraph (6A), for “In the case of a protected site in England, a” substitute “ A ”,
(iv)in sub-paragraph (8)(a), omit “(in the case of a protected site in England)”, and
(v)in sub-paragraph (11), omit “in England”,
(h)in Chapter 2, in paragraph 18—
(i)in paragraphs (aa) and (ab) of sub-paragraph (1), omit “in the case of a protected site in England,”,
(ii)omit paragraph (b) of that sub-paragraph,
(iii)in sub-paragraph (ba) of that sub-paragraph, omit “in the case of a protected site in England,”,
(iv)omit paragraph (c) of that sub-paragraph,
(v)in sub-paragraph (1A), omit “, in the case of a pitch in England,”,
(i)in Chapter 2, in paragraph 19(3) and (4), for “In the case of a protected site in England, when” substitute “ When ”,
(j)in Chapter 2, in paragraph 20—
(i)in sub-paragraph (A1), for “In the case of a protected site in England, unless” substitute “ Unless ”, and
(ii)omit sub-paragraphs (1) and (2),
(k)in the headings of Chapters 3 and 4, omit “IN ENGLAND AND WALES”,
(l)in Chapter 4, omit paragraphs 6A and 6B,
(m)in Chapter 4, in paragraph 8, omit sub-paragraph (1A),
(n)in Chapter 4, in paragraph 16—
(i)in sub-paragraph (2), for “In the case of a protected site in England, when” substitute “ When ”, and
(ii)omit sub-paragraph (2A),
(o)in Chapter 4, in paragraph 18—
(i)in sub-paragraph (2), for “In the case of a protected site in England, there” substitute “ There ”, and
(ii)omit sub-paragraphs (1A) and (1B),
(p)in Chapter 4, in paragraph 26—
(i)in sub-paragraph (2), for “In the case of a protected site in England, when” substitute “ When ”, and
(ii)omit sub-paragraph (2A), and
(q)in Chapter 4, paragraph 27, omit the definition of “consumer prices index”.
(10)Omit Part 3 of Schedule 1.
Modifications etc. (not altering text)
C4Sch. 4 para. 4: consequential amendments to be treated as not having effect until 1.10.2014 by virtue of The Mobile Homes (Wales) Act 2013 (Commencement, Transitional and Saving Provisions) Order 2014 (S.I. 2014/11), art. 3(2)
Local Government Finance Act 1988 (c. 41)E+W
5E+WIn paragraph 2B(5) of Schedule 6 to the Local Government Finance Act 1988, in the definition of “caravan site”—
(a)for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 or Part 2 of the Mobile Homes (Wales) Act 2013 ”, and
(b)for “the Act” substitute “ the Caravan Sites and Control of Development Act 1960 or paragraph 4 and paragraph 11 of Schedule 1 to the Mobile Homes (Wales) Act 2013 ”.
Town and Country Planning Act 1990 (c. 8)E+W
6(1)The Town and Country Planning Act 1990 is amended as follows.E+W
(2)In section 71(4), after “caravan site” insert “ or under Part 2 of the Mobile Homes (Wales) Act 2013 authorising the use of the land as a site for mobile homes (within the meaning of that Act) ”.
(3)In section 191(7)(a), after “1960” insert “ or section 7(1) of the Mobile Homes (Wales) Act 2013; ”.
Local Government (Wales) Act 1994 (c. 19)E+W
7E+WIn Schedule 16 to the Local Government (Wales) Act 1994, omit paragraph 16(1) and (2).
Environment Act 1995 (c.25)E+W
8(1)Schedule 9 to the Environment Act 1995 is amended as follows.E+W
(2)In paragraph 1(2)(c), after “commons)” insert “ or section 57 of and Schedule 3 to the Mobile Homes (Wales) Act 2013 (power of local authority in Wales to prohibit caravans on commons) ”.
(3)After paragraph 4 insert—
“4AIn the Mobile Homes (Wales) Act 2013—
(a)section 56 (power of local authority to provide mobile home sites), and
(b)paragraph 11 of Schedule 1 (no site licence required by land owned by local authority),
shall have effect as if a National Park Authority were a local authority for the purposes of that Act and as if the relevant Park were that Authority's area.”
Housing Act 2004 (c. 34)E+W
9(1)The Housing Act 2004 is amended as follows.E+W
(2)In section 230—
(a)in subsection (5ZA), after “the Caravan Sites and Control of Development Act 1960” insert “ or Part 2 of the Mobile Homes (Wales) Act 2013 ”,
(b)in subsection (5A), after “1983” insert “ or Part 4 of the Mobile Homes (Wales) Act 2013 ”, and
(c)in subsection (5B)—
(i)in the definition of “mobile home” and “protected site”, after “Act)” insert “ or the Mobile Homes (Wales) Act 2013 (see sections 2 and 60 of that Act) ”,
(ii)in the definition of “pitch”, for “that Act” substitute “ the Mobile Homes Act 1983 or section 55 of the Mobile Homes (Wales) Act 2013 ”, and
(iii)in the definition of “pitch fee”, for “that Act, as the case may be” substitute “ the Mobile Homes Act 1983 (as the case may be) or section 60 of the Mobile Homes (Wales) Act 2013 ”.
(3)In Schedule 13—
(a)in paragraph 3(6), for “or the Mobile Homes Act 1983” substitute “ , the Mobile Homes Act 1983 or the Mobile Homes (Wales) Act 2013 ”, and
(b)in paragraph 8(2), for “or of the Mobile Homes Act 1983” substitute “ , any provision of the Mobile Homes Act 1983 or any provision of the Mobile Homes (Wales) Act 2013 ”.
Regulatory Enforcement and Sanctions Act 2008 (c. 13)E+W
10E+WIn Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, after the entry relating to the Mines and Quarries (Tips) Act 1969 insert— “ Mobile Homes (Wales) Act 2013 ”.
Equality Act 2010 (c. 15)E+W
11E+WIn paragraph 30D(5) of Schedule 3 to the Equality Act 2010—
(a)in the definition of “mobile home agreement”, after “1983” insert “ or Part 4 of the Mobile Homes (Wales) Act 2013 ”, and
(b)in the definition of “owner”, “protected site” and “mobile home”, after “Act” insert “ or that Part of that Act ”.
(introduced by section 58)
SCHEDULE 5E+WTRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS
Pending applications for site licencesE+W
1E+WAn application for a site licence under the Caravan Sites and Control of Development Act 1960 in respect of a regulated site which has been made to, but not determined by, a local authority before Part 2 comes into force is to treated after the coming into force of that Part as an application to the local authority for a site licence under that Part in respect of the regulated site.
Temporary continuation of existing site licencesE+W
2(1)The coming into force of Part 2 and paragraph 1(2) of Schedule 4 does not affect the continuing operation of the provisions of the Caravan Sites and Control of Development Act 1960 in relation to site licences continued in force under this paragraph.E+W
(2)A site licence under the Caravan Sites and Control of Development Act 1960 which is in force on the coming into force of Part 2 in respect of a regulated site continues in force until the end of the initial period unless—
(a)it is revoked during the initial period, or
(b)an application for a site licence in respect of the regulated site under Part 2 has been made during the initial period.
(3)If the site licence under the Caravan Sites and Control of Development Act 1960 is revoked during the initial period it continues in force until its revocation.
(4)If an application for a site licence in respect of the regulated site under Part 2 is made during the initial period, the site licence under the Caravan Sites and Control of Development Act 1960 continues in force until it is determined (whether during or after the end of the initial period).
(5)In this paragraph and paragraph 3, “the initial period” means the period of 6 months beginning with the day on which Part 2 comes into force.
Time for determining site licenceE+W
3E+WWhere an application for a site licence in respect of a regulated site is made under Part 2 before the end of the initial period and at a time when a site licence under the Caravan Sites and Control of Development Act 1960 is in force in respect of the regulated site, section 7(2) has effect in relation to the application as if for “2 months” there were substituted “ 6 months ”.
Continuation of existing model standardsE+W
4E+WAny model standards made by the Welsh Ministers under section 5(6) of the Caravan Sites and Control of Development Act 1960 which are in force immediately before the coming into force of Part 2 have effect after that time (until they are replaced) as if made under section 10.
Pre-commencement revocationsE+W
5E+WThe reference in section 7(5) to the revocation of a site licence under section 18 or 28 includes a revocation of a site licence under the Caravan Sites and Control of Development Act 1960 under section 9 of that Act.
Pre-commencement offences to count for certain purposesE+W
6E+WThe reference in subsection (4)(b) of section 18 to the offence under subsection (1) of that section includes an offence under section 9 of the Caravan Sites and Control of Development Act 1960 in relation to a site licence under that Act in relation to the same land.
Prosecution of pre-commencement offencesE+W
7E+WNothing in any provision of this Act affects the operation of any enactment in relation to offences committed before that provision comes into force.
Old transitionals and savingsE+W
8E+WAny transitional provision or saving relating to the coming into force of any provision reenacted in this Act which is capable of having effect in relation to the provision as so reenacted has the same effect in relation to the provision as so re-enacted as it had in relation to the provision that it re-enacts.
Temporary reduction of maximum penalty for either way offence tried summarilyE+W
9E+WIn the case of an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, section 43(3)(a) has effect as if for “12 months” there were substituted “ 6 months ”.