Mobile Homes (Pitch Fees) Act 2023

Pitch fee changes in England: link to the consumer prices index

1

• (1) Part 1 of Schedule 1 (implied terms in pitch agreements) to the Mobile Homes Act 1983 is amended as follows.

• (2) In Chapter 2—

• (a) in paragraphs 20(A1) and 25A(1)(b), for “retail prices index” substitute “consumer prices index”;

• (b) in paragraph 29—

• (i) before the definition of “pitch fee” insert—

• “consumer prices index” means the general index for consumer prices 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;

;

• (ii) omit the definition of “retail prices index”.

• (3) In Chapter 4—

• (a) in paragraph 18(1), for “retail prices index” substitute “consumer prices index”;

• (b) in paragraph 27—

• (i) before the definition of “pitch fee” insert—

• “consumer prices index” means the general index for consumer prices 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;

;

• (ii) omit the definition of “retail prices index”.

Application and other provision

2

• (1) The amendments made by section 1 apply in relation to any post-commencement fee review, whether relating to an agreement made before or after this Act comes into force.

• (2) If a court or tribunal is satisfied that a fee amount proposed during a pre-commencement or post-commencement fee review (or any portion of the amount) has been calculated to compensate (to any extent) a person for an actual or anticipated financial loss arising from an amendment made by section 1, it must regard that amount (or that portion of it) as unreasonable.

• (3) In this section—

• (a) “agreement” means an agreement to which the Mobile Homes Act 1983 applies;

• (b) “fee review” means the review of a pitch fee under Chapter 2 or Chapter 4 of Part 1 of Schedule 1 to the Mobile Homes Act 1983;

• (c) a fee review is—

• (i) a “pre-commencement” fee review if the associated written notice is served before the day on which this Act comes into force, or

• (ii) a “post-commencement” fee review if the associated written notice is served on or after the day on which this Act comes into force;

• (d) “associated written notice” means—

• (i) in the case of a fee review under Chapter 2, the written notice served in accordance with paragraph 17 of that Chapter;

• (ii) in the case of a fee review under Chapter 4, the written notice served in accordance with paragraph 15 of that Chapter.

Extent, commencement and short title

3

• (1) This Act extends to England and Wales only.

• (2) This Act comes into force at the end of the period of two months beginning with the day on which this Act is passed.

• (3) This Act may be cited as the Mobile Homes (Pitch Fees) Act 2023.

Pitch fee changes in England: link to the consumer prices index

Application and other provision

Extent, commencement and short title

Editorial notes

[^key-1390281b49cd0442404af83781628eed]: S. 1 in force at 2.7.2023, see s. 3(2)

[^key-d1af27358c0e10694b010460655815cb]: S. 2 in force at 2.7.2023, see s. 3(2)

[^key-4576a6c3fbe4d0f8eef165eb1ec915d4]: S. 3 in force at 2.7.2023, see s. 3(2)