Mobile Homes (Wales) Act 2013

(introduced by section 58)

SCHEDULE 4 E+W CONSEQUENTIAL AMENDMENTS

Modifications etc. (not altering text)

C1 Sch. 4 having effect as specified (6.1.2014) by The Mobile Homes (Wales) Act 2013 (Commencement, Transitional and Saving Provisions) Order 2014 (No. 11), art. 3(2)

Caravan Sites and Control of Development Act 1960 (c. 62) E+W

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

(2) In section 1, after subsection (1) insert—

“(1A) Subsection (1) does not apply in relation to a regulated site within the meaning of the Mobile Homes (Wales) Act 2013.”

(3) In section 23—

(a) in subsection (1), after “any land” insert “ in England ”, and

(b) omit subsection (9).

(4) In section 24—

(a) in subsection (1), after “local authority” insert “ in England ”, and

(b) in subsection (8), omit “in England”.

Caravan Sites Act 1968 (c. 52) E+W

2 (1) The Caravan Sites Act 1968 is amended as follows. E+W

(2) In section 1(2), after “any land” insert “ in England ”.

(3) In section 3—

(a) in subsections (1)(c) and (1A)(b), omit “or, if the site concerned is in Wales, persistently withdraws or withholds”,

(b) in subsection (1AA), omit “in England”.

(4) In section 13(3), for “Minister” substitute “ Secretary of State ”.

(5) In section 16, omit the definition of “the Minister”.

Rating (Caravan Sites) Act 1976 (c. 15) E+W

3 E+W In section 6 of the Rating (Caravan Sites) Act 1976—

(a) in paragraph (b)—

(i) for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 or Part 2 of the Mobile Homes (Wales) Act 2013 ”, and

(ii) for “the Act” substitute “ the Caravan Sites and Control of Development Act 1960 or paragraph 4 and paragraph 11 of Schedule 1 to the Mobile Homes (Wales) Act 2013 ”, and

(b) in paragraph (d)—

(i) for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 ”, and

(ii) insert at the end “ or is for purposes of the Mobile Homes (Wales) Act 2013 the owner of the caravan site ”.

Mobile Homes Act 1983 (c. 34) E+W

4 (1) The Mobile Homes Act 1983 is amended as follows. E+W

(2) In section 1—

(a) in subsection (2)(e), for “appropriate national authority” substitute “ Secretary of State ”,

(b) in subsection (8A), omit “in England and Wales”, and

(c) in subsection (9)(b), omit “if made by the Secretary of State,”.

(3) In section 2(6), omit “in England and Wales”.

(4) In section 2A—

(a) in subsection (1), for—

(i) “appropriate national authority” and

(ii) “authority” (in the second place),

substitute “Secretary of State”,

(b) in subsection (5)—

(i) omit “by the appropriate national authority”, and

(ii) for “the authority” and for “it” (in both places) substitute “ the Secretary of State ”, and

(c) in subsection (6), omit “by the Secretary of State”.

(5) In section 2C(1), for “in England (other than a gypsy and traveller site)” substitute “ , other than a gypsy and traveller site, ”.

(6) In section 3(4)—

(a) in paragraph (b), omit “in relation to a protected site in England; or”, and

(b) omit paragraph (c).

(7) In section 4—

(a) in the heading omit “: England and Wales”, and

(b) in subsections (1) and (3), omit “in England or in Wales”.

(8) In section 5—

(a) omit the definition of “the appropriate national authority”, and

(b) in the definition of “the court”, omit “and Wales”.

(9) In Part 1 of Schedule 1—

(a) in Chapter 1, in paragraph 1(1), (2) and (3), omit “in England and Wales”,

(b) in the heading of Chapter 2 omit “IN ENGLAND AND WALES”,

(c) in Chapter 2, in paragraph 7A, omit sub-paragraph (1),

(d) in Chapter 2, omit paragraph 8,

(e) in Chapter 2, in paragraph 8A, omit sub-paragraph (1),

(f) in Chapter 2, omit paragraph 9,

(g) in Chapter 2, in paragraph 17—

(i) in sub-paragraph (2A), for “In the case of a protected site in England, a” substitute “ A ”,

(ii) in sub-paragraph (4)(a), omit “or (in the case of a protected site in England)”,

(iii) in sub-paragraph (6A), for “In the case of a protected site in England, a” substitute “ A ”,

(iv) in sub-paragraph (8)(a), omit “(in the case of a protected site in England)”, and

(v) in sub-paragraph (11), omit “in England”,

(h) in Chapter 2, in paragraph 18—

(i) in paragraphs (aa) and (ab) of sub-paragraph (1), omit “in the case of a protected site in England,”,

(ii) omit paragraph (b) of that sub-paragraph,

(iii) in sub-paragraph (ba) of that sub-paragraph, omit “in the case of a protected site in England,”,

(iv) omit paragraph (c) of that sub-paragraph,

(v) in sub-paragraph (1A), omit “, in the case of a pitch in England,”,

(i) in Chapter 2, in paragraph 19(3) and (4), for “In the case of a protected site in England, when” substitute “ When ”,

(j) in Chapter 2, in paragraph 20—

(i) in sub-paragraph (A1), for “In the case of a protected site in England, unless” substitute “ Unless ”, and

(ii) omit sub-paragraphs (1) and (2),

(k) in the headings of Chapters 3 and 4, omit “IN ENGLAND AND WALES”,

(l) in Chapter 4, omit paragraphs 6A and 6B,

(m) in Chapter 4, in paragraph 8, omit sub-paragraph (1A),

(n) in Chapter 4, in paragraph 16—

(i) in sub-paragraph (2), for “In the case of a protected site in England, when” substitute “ When ”, and

(ii) omit sub-paragraph (2A),

(o) in Chapter 4, in paragraph 18—

(i) in sub-paragraph (2), for “In the case of a protected site in England, there” substitute “ There ”, and

(ii) omit sub-paragraphs (1A) and (1B),

(p) in Chapter 4, in paragraph 26—

(i) in sub-paragraph (2), for “In the case of a protected site in England, when” substitute “ When ”, and

(ii) omit sub-paragraph (2A), and

(q) in Chapter 4, paragraph 27, omit the definition of “consumer prices index”.

(10) Omit Part 3 of Schedule 1.

Modifications etc. (not altering text)

C2 Sch. 4 para. 4: consequential amendments to be treated as not having effect until 1.10.2014 by virtue of The Mobile Homes (Wales) Act 2013 (Commencement, Transitional and Saving Provisions) Order 2014 (S.I. 2014/11), art. 3(2)

Local Government Finance Act 1988 (c. 41) E+W

5 E+W In paragraph 2B(5) of Schedule 6 to the Local Government Finance Act 1988, in the definition of “caravan site”—

(a) for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 or Part 2 of the Mobile Homes (Wales) Act 2013 ”, and

(b) for “the Act” substitute “ the Caravan Sites and Control of Development Act 1960 or paragraph 4 and paragraph 11 of Schedule 1 to the Mobile Homes (Wales) Act 2013 ”.

Town and Country Planning Act 1990 (c. 8) E+W

6 (1) The Town and Country Planning Act 1990 is amended as follows. E+W

(2) In section 71(4), after “caravan site” insert “ or under Part 2 of the Mobile Homes (Wales) Act 2013 authorising the use of the land as a site for mobile homes (within the meaning of that Act) ”.

(3) In section 191(7)(a), after “1960” insert “ or section 7(1) of the Mobile Homes (Wales) Act 2013; ”.

Local Government (Wales) Act 1994 (c. 19) E+W

7 E+W In Schedule 16 to the Local Government (Wales) Act 1994, omit paragraph 16(1) and (2).

Environment Act 1995 (c.25) E+W

8 (1) Schedule 9 to the Environment Act 1995 is amended as follows. E+W

(2) In paragraph 1(2)(c), after “commons)” insert “ or section 57 of and Schedule 3 to the Mobile Homes (Wales) Act 2013 (power of local authority in Wales to prohibit caravans on commons) ”.

(3) After paragraph 4 insert—

“4A In the Mobile Homes (Wales) Act 2013—

(a) section 56 (power of local authority to provide mobile home sites), and

(b) paragraph 11 of Schedule 1 (no site licence required by land owned by local authority),

shall have effect as if a National Park Authority were a local authority for the purposes of that Act and as if the relevant Park were that Authority's area.”

Housing Act 2004 (c. 34) E+W

9 (1) The Housing Act 2004 is amended as follows. E+W

(2) In section 230—

(a) in subsection (5ZA), after “the Caravan Sites and Control of Development Act 1960” insert “ or Part 2 of the Mobile Homes (Wales) Act 2013 ”,

(b) in subsection (5A), after “1983” insert “ or Part 4 of the Mobile Homes (Wales) Act 2013 ”, and

(c) in subsection (5B)—

(i) in the definition of “mobile home” and “protected site”, after “Act)” insert “ or the Mobile Homes (Wales) Act 2013 (see sections 2 and 60 of that Act) ”,

(ii) in the definition of “pitch”, for “that Act” substitute “ the Mobile Homes Act 1983 or section 55 of the Mobile Homes (Wales) Act 2013 ”, and

(iii) in the definition of “pitch fee”, for “that Act, as the case may be” substitute “ the Mobile Homes Act 1983 (as the case may be) or section 60 of the Mobile Homes (Wales) Act 2013 ”.

(3) In Schedule 13—

(a) in paragraph 3(6), for “or the Mobile Homes Act 1983” substitute “ , the Mobile Homes Act 1983 or the Mobile Homes (Wales) Act 2013 ”, and

(b) in paragraph 8(2), for “or of the Mobile Homes Act 1983” substitute “ , any provision of the Mobile Homes Act 1983 or any provision of the Mobile Homes (Wales) Act 2013 ”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13) E+W

10 E+W In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, after the entry relating to the Mines and Quarries (Tips) Act 1969 insert— “ Mobile Homes (Wales) Act 2013 ”.

Equality Act 2010 (c. 15) E+W

11 E+W In paragraph 30D(5) of Schedule 3 to the Equality Act 2010—

(a) in the definition of “mobile home agreement”, after “1983” insert “ or Part 4 of the Mobile Homes (Wales) Act 2013 ”, and

(b) in the definition of “owner”, “protected site” and “mobile home”, after “Act” insert “ or that Part of that Act ”.