Legalize / United Kingdom / Wales / Act of Senedd Cymru

Mobile Homes (Wales) Act 2013

Type Act of Senedd Cymru

Publication 2013-11-04

Last updated 2025-09-10

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) in the case of any express term to which section 49(4) applies other than a site rule, providing for the term to have full effect or to have such effect subject to any variation specified in the order.

(4) In subsections (2) and (3) “the relevant period” means the period beginning with the date on which the agreement is made and ending—

(a) 6 months after that date, or

(b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 49(5)), 6 months after the date on which the statement is given;

and subsection (7) of section 49 applies for the purposes of this subsection as it applies for the purposes of that section.

(5) On an application under this section, the appropriate judicial body must make such provision as it considers just and equitable in the circumstances.

(6) Subsections (2) to (4) do not apply in relation to a person occupying or proposing to occupy a transit pitch on a local authority Gypsy and Traveller site.

Power to amend implied terms

51

(1) The Welsh Ministers may by order make such amendments of Schedule 2, apart from paragraph 11, as they consider appropriate.

(2) Without prejudice to the generality of subsection (1), an order under this section may—

(a) make provision for or in connection with the determination by the court or a tribunal of such questions, or the making by the court or a tribunal of such orders, as are specified in the order, or

(b) make such amendments of any other provision of this Part as the Welsh Ministers consider appropriate in consequence of any amendment made in Schedule 2 by the order.

Site rules

52

(1) In the case of a protected site, other than a local authority Gypsy and Traveller site, for which there are site rules, each of the rules is to be an express term of each agreement to which this Part applies that relates to a pitch on the site (including an agreement made before commencement or one made before the making of the rules).

(2) The “site rules” for a protected site are rules made by the owner, in accordance with such procedure as may be prescribed by regulations made by the Welsh Ministers, which relate to—

(a) the management and conduct of the site, or

(b) such other matters as may be prescribed by regulations made by the Welsh Ministers.

(3) Any rules made by the owner before the coming into force of this section which relate to a matter mentioned in subsection (2) cease to have effect at the end of such period beginning with the day on which this section comes into force as may be prescribed by regulations made by the Welsh Ministers.

(4) Site rules come into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if before the end of that period a copy of the rules is deposited with the local authority in whose area the protected site is situated.

(5) Where a site rule is varied, the rule as varied comes into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if—

(a) the rule is varied in accordance with the procedure prescribed by regulations made by the Welsh Ministers, and

(b) a copy of the rule as varied is before the end of that period deposited with the local authority in whose area the protected site is situated.

(6) Where a site rule is deleted, the deletion comes into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if—

(a) the rule is deleted in accordance with such procedure as may be prescribed by regulations made by the Welsh Ministers, and

(b) notice of the deletion is deposited before the end of that period deposited with the local authority in whose area the protected site is situated.

(7) The Welsh Ministers may by regulations provide that a site rule may not be made, varied or deleted unless a proposal to make, vary or delete the rule is notified to the occupiers of mobile homes on the site in question in accordance with the regulations.

(8) The Welsh Ministers may by regulations provide that site rules, or rules such as are mentioned in subsection (3), are of no effect in so far as they make provision in relation to matters prescribed by the regulations.

(9) The Welsh Ministers may by regulations make provision as to the resolution of disputes—

(a) relating to a proposal to make, vary or delete a site rule,

(b) as to whether the making, variation or deletion of a site rule was in accordance with the applicable procedure prescribed by the regulations,

(c) as to whether a deposit required to be made by virtue of subsection (4), (5) or (6) was made before the end of the relevant period.

(10) Provision under subsection (9) may confer functions on a tribunal.

(11) The Welsh Ministers may by regulations—

(a) require a local authority to establish and keep up to date a register of site rules in respect of protected sites in its area,

(b) require a local authority to publish the up-to-date register,

(c) provide that any deposit required to be made by virtue of subsection (4), (5) or (6) must be accompanied by a fee of such amount as the local authority may determine.

(12) In this section “first consultation day” means the day on which a proposal made under regulations under subsection (7) is notified to the occupiers of mobile homes on the site in accordance with the regulations.

Successors in title

53

(1) An agreement to which this Part applies is binding on, and has effect for the benefit of, any successor in title of the owner and any person claiming through or under the owner or any such successor.

(2) Where an agreement to which this Part applies is lawfully assigned to any person, the agreement has effect for the benefit of, and is binding on, that person.

(3) Where a person entitled to the benefit of and bound by an agreement to which this Part applies dies, the agreement has effect for the benefit of, and is binding on—

(a) any person residing in the mobile home as that person's only or main residence at that time, being—

(i) the widow, widower or surviving civil partner of the deceased or the surviving partner of an enduring family relationship of the deceased, or

(ii) in default of a person within sub-paragraph (i) residing in the mobile home as that person's only or main residence at that time, any member of the deceased's family, or

(b) in default of any such person residing in the mobile home as that person's only or main residence at that time, the person entitled to the mobile home by virtue of the deceased's will or under the law relating to intestacy, but subject to subsection (4).

(4) An agreement to which this Part applies does not have effect for the benefit of, and is not binding on, a person by virtue of subsection (3)(b) in so far as—

(a) it would, but for this subsection, enable or require that person to occupy the mobile home, or

(b) it includes terms implied by virtue of paragraph 6, 12, 13, 39 or 41 of Schedule 2.

Jurisdiction of a tribunal or the court

54

(1) A tribunal has jurisdiction—

(a) to determine any question arising under this Part or any agreement to which it applies, and

(b) to entertain any proceedings brought under this Part or any such agreement,

subject to subsections (2) to (6).

(2) Subsection (1) applies in relation to a question irrespective of anything contained in an arbitration agreement which has been entered into before that question arose.

(3) The court has jurisdiction—

(a) to determine any question arising by virtue of paragraph 5, 6, 7(1)(b), 38, 39 or 40(1)(b) of Schedule 2 under this Part or any agreement to which it applies, and

(b) to entertain any proceedings arising by virtue of any of those provisions brought under this Part or any such agreement,

subject to subsections (4) to (6).

(4) Subsection (5) applies if the owner and occupier have entered into an arbitration agreement before the question mentioned in subsection (3)(a) arises and the agreement applies to that question.

(5) A tribunal has jurisdiction to determine the question and entertain any proceedings arising instead of the court.

(6) Subsection (5) applies irrespective of anything contained in the arbitration agreement mentioned in subsection (4).

Interpretation

55

(1) In this Part—

“the appropriate judicial body” (“corff barnwrol priodol”) means whichever of the court or a tribunal has jurisdiction under section 54;

“arbitration agreement” (“cytundeb cymrodeddu”) means an agreement in writing to submit to arbitration any question arising under this Part or any agreement to which it applies;

“the court” (“y llys”) means the county court for the district in which the protected site is situated or, where the parties have entered into an arbitration agreement that applies to the question to be determined, the arbitrator;

“occupier” (“meddiannydd”) has the meaning given by section 48(2) (but see also subsection (2)(b));

“permanent pitch” (“llain barhaol”) means a pitch which is not a transit pitch;

“pitch” (“llain”) means the land, forming part of a protected site and including any garden area, on which an occupier is entitled to station a mobile home under the terms of an agreement;

“transit pitch” (“llain dramwy”) means a pitch on which a person is entitled to station a mobile home under the terms of an agreement for a fixed period of up to 3 months;

“tribunal” (“tribiwnlys”) means a residential property tribunal or, where the parties have entered into an arbitration agreement that applies to the question to be determined and that question arose before the agreement was made, the arbitrator;

“site rules” (“rheolau safle”) has the meaning given by section 52(2).

(2) In relation to an agreement to which this Part applies—

(a) any reference in this Part to the owner includes a reference to any person who is bound by and entitled to the benefit of the agreement by virtue of subsection (1) of section 53, and

(b) subject to subsection (4) of that section, any reference in this Part to the occupier includes a reference to any person who is entitled to the benefit of and bound by the agreement by virtue of subsection (2) or (3) of that section.

(3) For the purposes of this Part the following are members of a person's family—

(a) the person's spouse or civil partner or any person who lives together with the person as a partner in an enduring family relationship,

(b) the person's parents, grandparents, children and grandchildren (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship) and any other person treated by the person as a child of the person's family, and

(c) the person's brothers, sisters, uncles, aunts, nephews and nieces (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship).

PART 5 — POWERS OF LOCAL AUTHORITIES

Power to provide sites for mobile homes

56

(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.

Power to prohibit mobile homes on commons

57

(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

(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 — SUPPLEMENTARY AND GENERAL

Consequential amendments and transitionals etc.

58

(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.

Liability of officers of bodies corporate

59

(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

Meaning of “mobile home”

60

(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.

Meaning of “qualifying residents’ association”

61

(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—

“occupier” (“meddiannydd”) , in relation to a mobile home and a site, means a person who is entitled—to station the mobile home on the site, andto occupy the mobile home as the person's only or main residence; and

(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.

Other interpretation

62

In this Act, unless the context otherwise requires—

“fire and rescue authority” (“”), in relation to any land, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the land is situated.

“Gypsies and Travellers” (“Sipsiwn a Theithwyr”) means —

persons of a nomadic habit of life, whatever their race or origin, including— persons who, on grounds only of their own or their family's or dependant's educational needs or old age, have ceased to travel temporarily or permanently, and members of an organised group of travelling show people or circus people (whether or not travelling together as such); andall other persons with a cultural tradition of nomadism or of living in a mobile home;

“ 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).

Orders and regulations etc.

63

(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,

(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.

Commencement

64

(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.

Short title

65

The short title of this Act is the Mobile Homes (Wales) Act 2013.

SCHEDULE 1

Use within curtilage of dwelling house

1

A 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 nights

2

Subject 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 circumstances

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—

(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 organisations

4

Subject 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 organisations

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.

(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 organisations

6

Subject 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 workers

7

Subject 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.

8

Subject 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 sites

9

Subject 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 showmen

10

(1) Subject to paragraph 14, a non-local authority owned site is not a regulated site by virtue of being used by a travelling showman who is a member of an organisation of travelling showmen which holds a certificate granted under this paragraph and who is, at the time, travelling for the purposes of business or who has taken up winter quarters on the land with equipment for some period falling between the beginning of October in any year and the end of March in the following year.

(2) For the purposes of this paragraph the Welsh Ministers may grant a certificate to any organisation recognised by them as confining its membership to bona fide travelling showmen; and a certificate may be withdrawn by the Welsh Ministers at any time.

Sites owned by local authority

11

A site is not a regulated site if it is owned by the local authority.

Temporary exemption after death of, or other change in, owner

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”).

(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 organisations

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.

(2) A certificate granted under this paragraph may be withdrawn by the Welsh Ministers at any time.

Power to withdraw exceptions

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.

(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.

SCHEDULE 2

PART 1 — TERMS IMPLIED BY ACT

CHAPTER 1 — APPLICATION

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.

(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 2 — AGREEMENTS RELATING TO PITCHES EXCEPT THOSE ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES

Duration of agreement

2

Subject 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.

(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.

Termination

4

The 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.

5

The 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.

6

The 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—

(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

(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 occupier

8

Where 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 home

9

(1) Where the agreement is a new agreement, the occupier is entitled to sell the mobile home and to assign the agreement to the person to whom the mobile home is sold (the “new occupier”) without the approval of the owner.

(2) In this paragraph and paragraphs 10, 12 and 13, “new agreement” means an agreement—

(a) which was made after the commencement of this paragraph, or

(b) which was made before, but which has been assigned after, that commencement.

(3) The new occupier must, as soon as reasonably practicable, notify the owner of the completion of the sale and assignment of the agreement.

(4) The new occupier is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Welsh Ministers.

(5) Except to the extent mentioned in sub-paragraph (4), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement to the new occupier.

(6) The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with—

(a) the sale of the mobile home and assignment of the agreement, or

(b) the payment of commission by virtue of sub-paragraph (4).

10

(1) Where the agreement is not a new agreement, the occupier is entitled to sell the mobile home and assign the agreement without the approval of the owner if—

(a) the occupier serves on the owner a notice (a “notice of proposed sale”) that the occupier proposes to sell the mobile home, and assign the agreement, to the person named in the notice (the “proposed occupier”), and

(b) the first or second condition is satisfied.

(2) The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed sale (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from selling the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”).

(3) The second condition is that—

(a) within the 21-day period—

(i) the owner applies to a tribunal for a refusal order, and

(ii) the occupier receives a notice of the application from the owner, and

(b) the tribunal rejects the application.

(4) If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period—

(a) the application is to be treated as not having been made, and

(b) the first condition is accordingly to be treated as satisfied.

(5) A notice of proposed sale must include such information as may be prescribed in regulations made by the Welsh Ministers.

(6) A notice of proposed sale or notice of an application for a refusal order—

(a) must be in writing, and

(b) may be served by post.

(7) An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Welsh Ministers; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made.

(8) The person to whom the mobile home is sold (“the new occupier”) is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Welsh Ministers.

(9) Except to the extent mentioned in sub-paragraph (8), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement.

(10) The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the new occupier in connection with—

(a) the sale of the mobile home and assignment of the agreement, and

(b) the payment of commission by virtue of sub-paragraph (8).

11

(1) This paragraph applies where the occupier proposes to sell the mobile home, and assign the agreement, pursuant to paragraph 9 or 10.

(2) The occupier must, not later than 28 days before the completion of the sale of the mobile home and assignment of the agreement, provide the proposed occupier with—

(a) such documents, or documents of such description, as may be prescribed in regulations made by the Welsh Ministers, and

(b) such other information as may be prescribed in the regulations, in the form prescribed in them.

(3) But if the proposed occupier consents in writing to the documents and other information concerned being provided by a date (“the chosen date”) which is less than 28 days before the completion of the sale and assignment of the agreement, the occupier must provide the documents and other information to the proposed occupier not later than the chosen date.

(4) The documents and other information which may be prescribed in regulations under sub-paragraph (2) include (but are not limited to)—

(a) a copy of the agreement,

(b) a copy of the site rules (if any) for the protected site on which the mobile home is stationed,

(d) a forwarding address for the occupier,

(e) in a case within paragraph 9, information about the requirement imposed by virtue of sub-paragraph (3) of that paragraph,

(f) details of the commission which would be payable by the proposed occupier by virtue of paragraph 9(4) or 10(8),

(g) information about such requirements as are prescribed in regulations under paragraph 9(6) or 10(10).

(5) Documents or other information required to be provided under this paragraph may be delivered to the prospective purchaser personally or sent by post.

(6) A claim that a person has broken the duty under sub-paragraph (2) or (3) may be made the subject of civil proceedings in the same manner as any other claim in tort for breach of statutory duty.

Gift of mobile home

12

(1) Where the agreement is a new agreement, provided that the occupier has supplied the owner with the relevant evidence, the occupier is entitled to give the mobile home, and to assign the agreement, to a member of the occupier's family (the “new occupier”) without the approval of the owner.

(2) The relevant evidence is—

(a) evidence, or evidence of a description, prescribed in regulations made by the Welsh Ministers that the person to whom the occupier proposes to give the mobile home, and to assign the agreement, is a member of the occupier's family, or

(b) any other satisfactory evidence that the person concerned is a member of the occupier's family.

(3) The new occupier must, as soon as reasonably practicable, notify the owner of the receipt of the mobile home and assignment of the agreement.

(4) The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (1).

(5) The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (1).

13

(1) Where the agreement is not a new agreement, the occupier is entitled to give the mobile home, and assign the agreement, to a member of the occupier's family (the “proposed occupier”) without the approval of the owner if—

(a) the occupier serves on the owner a notice (a “notice of proposed gift”) that the occupier proposes to give the mobile home to the proposed occupier, and

(b) the first or second condition is satisfied.

(2) The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed gift (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from giving the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”).

(3) The second condition is that—

(a) within the 21-day period—

(i) the owner applies to a tribunal for a refusal order, and

(ii) the occupier receives a notice of the application from the owner, and

(b) the tribunal rejects the application.

(4) If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period—

(a) the application is to be treated as not having been made, and

(b) the first condition is accordingly to be treated as satisfied.

(5) A notice of proposed gift must include—

(a) the relevant evidence under paragraph 12(2), and

(b) such other information as may be prescribed in regulations made by the Welsh Ministers.

(6) A notice of proposed gift or notice of an application for a refusal order—

(a) must be in writing, and

(b) may be served by post.

(7) An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Welsh Ministers; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made.

(8) The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (1).

(9) The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the person to whom the mobile home is given in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (1).

Re-siting of mobile home

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—

(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

Quiet enjoyment of the mobile home

15

The 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 pitch

16

(1) The owner may enter the pitch without prior notice between the hours of 9 am and 6 pm—

(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 fee

17

(1) The pitch fee can only be changed in accordance with this paragraph, either—

(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—

(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.

(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

(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—

(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 obligations

21

(1) The occupier must—

(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,

(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 obligations

22

(1) The owner must—

(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.

23

The document referred to in paragraph 17(4) and (9) must—

(a) be in such form as the Welsh Ministers may by regulations prescribe,

(b) specify any percentage increase or decrease in the consumer prices index calculated in accordance with paragraph 20,

(d) specify the matters to which the amount proposed for the new pitch fee is attributable,

(e) refer to the occupier's obligations in paragraph 21(1)(c) to (e) and the owner's obligations in paragraph 22(1)(c) and (d), and

(f) refer to the owner's obligations in paragraph 22(1)(e) and (f) (as glossed by paragraph 22(2) and (3)).

Owner’s name and address

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.

(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.

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