Mobile Homes Act 2013

Licensing

Fees

1

• (1) The Caravan Sites and Control of Development Act 1960 is amended in accordance with subsections (2) to (7).

• (2) In section 3 (application for site licence)—

• (a) after subsection (2) insert—

(2A) A local authority in England may require a relevant protected site application in respect of land in their area to be accompanied by a fee fixed by the authority.

, and

• (b) after subsection (6) insert—

(7) In this Part, “relevant protected site application” means, subject to subsection (8), an application for a site licence authorising the use of land as a caravan site other than an application for a licence— (a) to be expressed to be granted for holiday use only, or (b) to be otherwise so expressed or subject to such conditions that there will be times of the year when no caravan may be stationed on the land for human habitation; whether or not because the relevant planning permission under Part 3 of the Town and Country Planning Act 1990 is so expressed or subject to such conditions. (8) For the purpose of determining whether an application for a site licence is a relevant protected site application, any part of the application which is for the licence to permit the stationing of a caravan on the land for human habitation all year round is to be ignored if, were the application to be granted, the caravan would be so authorised to be occupied by— (a) the occupier, or (b) a person employed by the occupier but who does not occupy the caravan under an agreement to which the Mobile Homes Act 1983 applies (see section 1(1) of that Act).

• (3) After section 5 insert—

(5A) (1) A local authority in England who have issued a site licence in respect of a relevant protected site in their area may require the licence holder to pay an annual fee fixed by the local authority. (2) When requiring a licence holder to pay an annual fee under this section, a local authority must inform the licence holder of the matters to which they have had regard in fixing the fee for the year in question (in particular, the extent to which they have had regard to deficits or surpluses in the accounts for the annual fee for previous years). (3) Where an annual fee due to a local authority under this section has become overdue, the local authority may apply to a residential property tribunal for an order requiring the licence holder to pay the local authority the amount due by the date specified in the order; and the order may make provision about the manner in which the payment is to be made. (4) Where a licence holder fails to comply with an order under subsection (3) within the period of three months beginning with the date specified in the order for the purposes of that subsection, the local authority may apply to a residential property tribunal for an order revoking the site licence. (5) In this Part, “relevant protected site” means land in respect of which a site licence is required under this Part, other than land in respect of which the relevant planning permission under Part 3 of the Town and Country Planning Act 1990 or the site licence is, subject to subsection (6)— (a) expressed to be granted for holiday use only, or (b) otherwise so expressed or subject to such conditions that there are times of the year when no caravan may be stationed on the land for human habitation. (6) For the purpose of determining whether land is a relevant protected site, any provision of the relevant planning permission or of the site licence which permits the stationing of a caravan on the land for human habitation all year round is to be ignored if the caravan is so authorised to be occupied by— (a) the occupier, or (b) a person employed by the occupier but who does not occupy the caravan under an agreement to which the Mobile Homes Act 1983 applies (see section 1(1) of that Act).

• (4) In section 8 (alteration of conditions attached to site licences), after subsection (1A) insert—

(1B) A local authority in England may require an application by the holder of a site licence in respect of a relevant protected site in their area for the alteration of the conditions attached to the site licence to be accompanied by a fee fixed by the local authority.

• (5) In section 10 (transfer of site licences etc.), after subsection (1) insert—

(1A) A local authority in England may require an application for consent to the transfer of a site licence in respect of a relevant protected site in their area to be accompanied by a fee fixed by the local authority.

• (6) After section 10 insert—

(10A) (1) This section applies where a local authority in England propose to charge a fee under section 3, 5A, 8 or 10. (2) Before charging the fee, the local authority must prepare and publish a fees policy. (3) When fixing a fee for the purposes of section 3, 5A, 8 or 10, the local authority— (a) must act in accordance with their fees policy; (b) may fix different fees for different cases or descriptions of case; (c) may determine that no fee is required to be paid in certain cases or descriptions of case. (4) When fixing a fee for any of those purposes, the local authority may not take into account any costs incurred by them in exercising— (a) their functions under any of sections 9A to 9I, 23 or 24; (b) any function under any provision of this Act in relation to a caravan site which is not a relevant protected site. (5) If the local authority propose to charge a fee under section 5A, the fees policy must include provision about the time at which the fee is payable. (6) The local authority may revise their fees policy and, where they do so, must publish the policy as revised.

• (7) In section 29(1) (interpretation of Part 1), at the appropriate place insert—

“relevant protected site” has the meaning assigned to it by section 5A(5); “relevant protected site application” has the meaning assigned to it by section 3(7);

.

• (8) In Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (implied terms in pitch agreements except those relating to pitches in England on certain gypsy and traveller sites), in paragraph 19, after sub-paragraph (2) insert—

(3) In the case of a protected site in England, when determining the amount of the new pitch fee, no regard may be had to any fee required to be paid by the owner by virtue of— (a) section 8(1B) of the Caravan Sites and Control of Development Act 1960 (fee for application for site licence conditions to be altered); (b) section 10(1A) of that Act (fee for application for consent to transfer site licence).

Local authority discretion on application to issue or transfer licence

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• (1) In section 3 of the Caravan Sites and Control of Development Act 1960 (application for site licence), in subsections (4) and (5), for “the local authority shall” (in the first place it appears in each case) substitute “ the local authority may (where they are in England and are considering whether to grant a relevant protected site application) or shall (in any other case) ”.

• (2) After subsection (5) of that section insert—

(5A) The Secretary of State may by regulations require a local authority in England to have regard to the prescribed matters when deciding whether to issue a site licence under subsection (4) or (5) on a relevant protected site application in respect of land in their area. (5B) The regulations may require a local authority in England, where they decide not to issue such a site licence under subsection (4) or (5), to notify the applicant of the reasons for the decision and of such right of appeal as may be conferred by virtue of subsection (5C). (5C) The regulations may— (a) confer on an applicant under this section a right of appeal to a residential property tribunal against a decision of a local authority in England not to issue a site licence as mentioned in subsection (5B); (b) provide that no compensation may be claimed for loss suffered in consequence of the decision pending the outcome of the appeal. (5D) Regulations under this section— (a) may make incidental, supplementary, consequential, saving or transitional provision; (b) may make provision which applies generally (whether or not subject to exceptions) or in relation only to specified cases or descriptions of case; (c) may make different provision for different cases or descriptions of case (including different provision for different areas). (5E) Regulations under this section must be made by statutory instrument. (5F) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) In section 10 of that Act (transfer of site licence), after subsection (1A) (inserted by section 1(5)) insert—

(1B) The Secretary of State may by regulations provide that a person applying to a local authority in England for consent to the transfer of a site licence in respect of a relevant protected site in their area must, either at the time of making the application or subsequently, give to the local authority such information as they may require. (1C) The regulations may require a local authority in England to have regard to the prescribed matters when deciding whether to give their consent to the transfer of a site licence in respect of a relevant protected site in their area. (1D) The regulations may require a local authority in England, where they decide not to give their consent to the transfer of such a site licence, to notify the licence holder of the reasons for the decision and of such right of appeal as may be conferred by virtue of subsection (1E). (1E) The regulations may— (a) confer on an applicant under this section a right of appeal to a residential property tribunal against a decision of a local authority in England not to give their consent to the transfer of a site licence as mentioned in subsection (1D); (b) provide that no compensation may be claimed for loss suffered in consequence of the decision pending the outcome of the appeal. (1F) Subsections (5D) to (5F) of section 3 apply in relation to regulations under this section as they apply in relation to regulations under that section.

• (4) In subsection (3) of that section, after “the transfer of a site licence” insert “ , other than one issued by a local authority in England in respect of a relevant protected site in their area, ”.

Site licence conditions: appeals

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• (1) The Caravan Sites and Control of Development Act 1960 is amended as follows.

• (2) In section 7 (the heading to which becomes “ Appeal against conditions attached to site licence ”)—

• (a) in subsection (1), for “; and the court” substitute “ or, in a case relating to land in England, to a residential property tribunal; and the court or tribunal ”, and

• (b) after that subsection insert—

(1A) In a case where a residential property tribunal varies or cancels a condition under subsection (1), it may also attach a new condition to the licence in question.

• (3) In section 8 (power of local authority to alter conditions attached to site licences)—

• (a) in subsection (2), for “; and the court” substitute “ or, in a case relating to land in England, to a residential property tribunal; and the court or tribunal ”, and

• (b) in subsection (4), for “and a magistrates' court” substitute “, a magistrates' court and a residential property tribunal”.

Compliance notices

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• (1) In section 9 of the Caravan Sites and Control of Development Act 1960 (the heading to which becomes “ Breach of condition: land other than relevant protected sites in England ”), in subsections (1) and (3), after “occupier of land” insert “ , other than land in England which is a relevant protected site, ”.

• (2) After that section insert—

(9A) (1) If it appears to a local authority in England who have issued a site licence in respect of a relevant protected site in their area that the occupier of the land concerned is failing or has failed to comply with a condition for the time being attached to the site licence, they may serve a compliance notice on the occupier. (2) A compliance notice is a notice which— (a) sets out the condition in question and details of the failure to comply with it, (b) requires the occupier of the land to take such steps as the local authority consider appropriate and as are specified in the notice in order to ensure that the condition is complied with, (c) specifies the period within which those steps must be taken, and (d) explains the right of appeal conferred by subsection (3). (3) An occupier of land who has been served with a compliance notice may appeal to a residential property tribunal against that notice (for further provision about appeals under this section, see section 9G). (4) A local authority may— (a) revoke a compliance notice; (b) vary a compliance notice by extending the period specified in the notice under subsection (2)(c). (5) The power to revoke or vary a compliance notice is exercisable by the local authority— (a) on an application made by the occupier of land on whom the notice was served, or (b) on the authority's own initiative. (6) Where a local authority revoke or vary a compliance notice, they must notify the occupier of the land to which the notice relates of the decision as soon as is reasonably practicable. (7) Where a compliance notice is revoked, the revocation comes into force at the time when it is made. (8) Where a compliance notice is varied— (a) if the notice has not become operative (see section 9H) when the variation is made, the variation comes into force at such time (if any) as the notice becomes operative in accordance with section 9H; (b) if the notice has become operative when the variation is made, the variation comes into force at the time when it is made. (9B) (1) An occupier of land who has been served with a compliance notice which has become operative (see section 9H) commits an offence if the occupier fails to take the steps specified in the notice under section 9A(2)(b) within the period so specified under section 9A(2)(c). (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3) In proceedings against an occupier of land for an offence under subsection (1), it is a defence that the occupier had a reasonable excuse for failing to take the steps referred to in subsection (1) within the period referred to in that subsection. (4) Subsection (5) applies where— (a) an occupier of land is convicted of an offence under subsection (1), and (b) the occupier has been convicted on two or more previous occasions of an offence under subsection (1), or an offence under section 9 committed before the commencement of this section, in relation to the site licence to which the conviction mentioned in paragraph (a) relates. (5) On an application by the local authority who served the compliance notice in question, the court before which the occupier of the land was convicted may make an order revoking the site licence in question on the date specified in the order. (6) An order under subsection (5) must not specify a date which is before the end of the period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction mentioned in subsection (4)(a). (7) Where an appeal against the conviction mentioned in subsection (4)(a) is made by the occupier of the land before the date specified in an order under subsection (5), the order does not take effect until— (a) the appeal is finally determined, or (b) the appeal is withdrawn. (8) On an application by the occupier of the land or by the local authority who issued the site licence, the court which made the order under subsection (5) may make an order specifying a date on which the revocation of the site licence takes effect which is later than the date specified in the order under subsection (5). (9) But the court must not make an order under subsection (8) unless it is satisfied that adequate notice of the application has been given to the occupier of the land or to the local authority (as the case may be). (9C) (1) When serving a compliance notice on an occupier of land, a local authority may impose a charge on the occupier as a means of recovering expenses incurred by them— (a) in deciding whether to serve the notice, and (b) in preparing and serving the notice or a demand under subsection (3). (2) The expenses referred to in subsection (1) include in particular the costs of obtaining expert advice (including legal advice). (3) The power under subsection (1) is exercisable by serving the compliance notice together with a demand which sets out— (a) the total expenses the local authority seek to recover under subsection (1) (“relevant expenses”), (b) a detailed breakdown of the relevant expenses, and (c) where the local authority propose to charge interest under section 9I, the rate at which the relevant expenses carry interest. (4) Where a tribunal allows an appeal under section 9A against the compliance notice with which a demand was served, it may make such order as it considers appropriate— (a) confirming, reducing or quashing any charge under this section made in respect of the notice, and (b) varying the demand as appropriate in consequence.

Powers for local authority to carry out works

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• (1) After section 9C of the Caravan Sites and Control of Development Act 1960 (inserted by section 4) insert—