Mobile Homes Act 1983

• (a) evidence, or evidence of a description, prescribed in regulations made by the Secretary of State 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.

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

• (5) 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 (2).

• (6) The Secretary of State 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 (2).

8B

• (1) Where the agreement is not a new agreement (as defined by paragraph 7A(3)), the occupier is entitled to give the mobile home, and assign the agreement, to a member of the occupier's family (referred to in this paragraph as 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 (as defined by paragraph 8A(3)), and

• (b) such other information as may be prescribed in regulations made by the Secretary of State.

• (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 Secretary of State; 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 Secretary of State 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).

8C

• (1) Regulations under paragraph 8A or 8B must be made by statutory instrument and may—

• (a) make different provision for different cases or descriptions of case, including different provision for different areas;

• (b) contain incidental, supplementary, transitional or saving provisions.

• (2) Regulations under paragraph 8A or 8B are subject to annulment in pursuance of a resolution of either House of Parliament.

25A

• (1) The document referred to in paragraph 17(2A) and (6A) must—

• (a) be in such form as the Secretary of State may by regulations prescribe,

• (b) specify any percentage increase or decrease in the consumer prices index calculated in accordance with paragraph 20(A1),

• (c) explain the effect of paragraph 17,

• (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(c) to (e) and the owner's obligations in paragraph 22(c) and (d), and

• (f) refer to the owner's obligations in paragraph 22(e) and (f) (as glossed by paragraphs 24 and 25).

• (2) Regulations under this paragraph must be made by statutory instrument.

• (3) The first regulations to be made under this paragraph are subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) But regulations made under any other provision of this Act which are subject to annulment in pursuance of a resolution of either House of Parliament may also contain regulations made under this paragraph.

Sale pursuant to paragraph 7A or 7B of Chapter 2 of Part 1: provision of information

A1

• (1) This paragraph applies where the occupier proposes to sell the mobile home, and assign the agreement, pursuant to paragraph 7A or 7B of Chapter 2 of Part 1.

• (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 Secretary of State, and

• (b) such other information as may be so prescribed, in the form so prescribed.

• (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 in particular—

• (a) a copy of the agreement;

• (b) a copy of the site rules (within the meaning given by section 2C) (if any) for the protected site on which the mobile home is stationed;

• (c) details of the pitch fee payable under the agreement;

• (d) a forwarding address for the occupier;

• (e) in a case within paragraph 7A, information about the requirement imposed by virtue of sub-paragraph (4) of that paragraph (obligation to notify owner of completion of sale and assignment);

• (f) details of the commission which would be payable by the proposed occupier by virtue of paragraph 7A(5) or 7B(8);

• (g) information about such requirements as are prescribed in regulations under paragraph 7A(7) or 7B(10).

• (5) Documents or other information required to be provided under this paragraph may be either 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 like manner as any other claim in tort for breach of statutory duty.

• (7) Regulations under sub-paragraph (2) must be made by statutory instrument and may—

• (a) make different provision for different cases or descriptions of case, including different provision for different areas;

• (b) contain incidental, supplementary, transitional or saving provisions.

• (8) The first regulations to be made under sub-paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament

• (9) But regulations made under any other provision of this Act which are subject to annulment in pursuance of a resolution of either House of Parliament may also contain regulations made under sub-paragraph (2).

• (10) In sub-paragraph (4)(c), “pitch fee” has the same meaning as in Chapter 2 of Part 1 of this Schedule (see paragraph 29 of that Chapter).

6A

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6B

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30

• (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—

• (a) the name and address of the owner; and

• (b) if that address is not in Scotland, an address in Scotland 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 by sub-paragraph (1),

the amount demanded shall 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 shall not be treated as mentioned in sub-paragraph (2) 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.

Qualifying residents’ association

31

• (1) A residents’ association is a qualifying residents’ association in relation to a protected site if—

• (a) it represents the occupiers of mobile homes on the site;

• (b) at least 50% of the occupiers of the mobile homes on the site are members of the association;

• (c) it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;

• (d) subject to paragraph (c), membership is open to all occupiers who own a mobile home on that site;

• (e) it maintains a list of members which is open to public inspection together with the rules and constitution of the association;

• (f) it has a chairman, secretary and treasurer who are elected by and from 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 one vote exercisable by the occupier for each mobile home.

• (2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) and determining who shall exercise the vote in relation to sub-paragraph (1)(g), each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home who is a member of the association or who exercises any vote, its occupier is to be taken to be the occupier whose name first appears on the agreement.

Interpretation

32

In this Schedule—

• “caravan site” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960;

• “essential repair or emergency works” means—repairs to or replacement of the base on which the mobile home is stationed;repairs or works needed to comply with any relevant legal requirements; orrepairs or works in connection with restoration following flood, landslide or other natural disaster;

• “gypsies and travellers” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling show people or persons engaged in travelling circuses, travelling together as such;

• “local authority gypsy and traveller site” means any land which—is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers; andis a protected site;

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

• “pitch fee” means the amount which the occupier is required by the agreement to pay to the owner 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; andwater and sewerage services, unless the same are specifically excluded from forming part of the pitch fee by the agreement;but the pitch fee does not include amounts due in respect of gas, electricity or other services, unless the agreement expressly provides that the pitch fee includes such amounts;

• “registered social landlord” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010;

• “registered social landlord gypsy and traveller site” means any land which—is occupied by a registered social landlord as a caravan site providing accommodation for gypsies and travellers; andis a protected site;

• “retail prices index” means the general index (for all items) published by the Office for National Statistics or, if that index is not published for a relevant month, any substituted index or index figures published by that Office;

• “review date” 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; and

• “written statement” means the written statement that the owner of the protected site is required to give to the occupier by section 1(2) of this Act.

1A

• (1) The right to station the mobile home under in paragraph 1 is not affected by—

• (a) the expiry of a Part 1A site licence in accordance with section 32J(1)(b)(ii) of the 1960 Act,

• (b) the refusal to issue or renew a Part 1A site licence under section 32D of the 1960 Act,

• (c) the revocation of a Part 1A site licence under section 32L of the 1960 Act, or

• (d) the expiry of a site licence in accordance with section 83(2) of the Housing (Scotland) Act 2014 (asp 14).

• (2) Sub-paragraph (1) applies in relation to agreements that were made at any time before the day on which that sub-paragraph comes into force (as well as in relation to agreements made on or after that day).

• (3) In this paragraph—

• “the 1960 Act” means the Caravan Sites and Control of Development Act 1960 (c.62), and

• “Part 1A site licence” has the same meaning as in section 32Z6 of the 1960 Act.