Mobile Homes Act 1983

Changes over time for: Section 5

Version Superseded: 01/07/2013

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Point in time view as at 26/05/2013. This version of this provision has been superseded.

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5 Interpretation.E+W+S

(1)In this Act, unless the context otherwise requires—

[F1“the appropriate judicial body” means whichever of the court or a tribunal has jurisdiction under section 4;]
[F2“the appropriate national authority” means—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the National Assembly for Wales;]
[F3“arbitration agreement” means an agreement in writing to submit to arbitration any question arising under this Act or any agreement to which it applies;]
“the court” means—
(a)
in relation to England and Wales, the county court for the district in which the protected site is situated or, where the parties have [F4entered into an arbitration agreement that applies to the question to be determined], the arbitrator;
(b)
in relation to Scotland, the sheriff having jurisdiction where the protected site is situated or, where the parties have so agreed, the arbiter ;
“local authority” has the same meaning as in Part I of the M1Caravan Sites and Control of Development Act 1960;
“mobile home” has the same meaning as “caravan” has in that Part of that Act ;
“owner”, in relation to a protected site, means the person who, by virtue of an estate or interest held by him, is entitled to possession of the site or would be so entitled but for the rights of any persons to station mobile homes on land forming part of the site ;
“planning permission” means permission under [F5Part III of the Town and Country Planning Act 1990] or [F6Part III of the Town and Country Planning (Scotland) Act 1997];
“protected site” [F7does not include any land occupied by a local authority as a caravan site providing accommodation for gipsies or, in Scotland, for persons to whom section 24(8A) of the Caravan Sites and Control of Development Act 1960 applies but, subject to that,] has the same meaning as in Part I of the M2Caravan Sites Act 1968.
[F8“a tribunal” 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.]

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

(a)any reference in this Act 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 3 above; and

(b)subject to subsection (4) of that section, any reference in this Act 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)A person is a member of another’s family within the meaning of this Act if he is his spouse, [F9civil partner,] parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece; treating—

(a)any relationship by marriage [F10or civil partnership] as a relationship by blood, any relationship of the half blood as a relationship of the whole blood and the stepchild of any person as his child; and

(b)an illegitimate person as the legitimate child of his mother and reputed father;

or if they live together as husband and wife [F11or as if they were civil partners].

[F12(4)In relation to land in Scotland, any reference in this Act to an “estate or interest” shall be construed as a reference to a right in, or to, the land.]

Textual Amendments

F1Words in s. 5(1) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(6)(a) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(6)(a) (with art. 5)

F2Words in s. 5(1) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 206(3), 270(3)(a)

F3Words in s. 5(1) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(6)(b) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(6)(b) (with art. 5)

F4Words in s. 5(1) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(6)(c) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(6)(c) (with art. 5)

F5Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 59

F6Words in definition of “planning permission” s. 5(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 36

F7Words in s. 5(1) repealed (30.4.2011 for E. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 318, 325(1), Sch. 16; S.I. 2011/1002, art. 2 (with arts. 3-7, Sch.)

F8Words in s. 5(1) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(6)(d) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(6)(d) (with art. 5)

F9Words in s. 5(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 88(a); S.I. 2005/3175, art. 2(2)

F10Words in s. 5(3)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 88(b); S.I. 2005/3175, art. 2(2)

F11Words in s. 5(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 88(c); S.I. 2005/3175, art. 2(2)