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Mobile Homes (Wales) Act 2013

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  1. Introductory Text

  2. PART 1 INTRODUCTION

    1. 1.Overview of Act

    2. 2.Mobile home sites subject to Act

    3. 3.Owners of sites

  3. PART 2 LICENSING OF MOBILE HOME SITES ETC.

    1. Introduction

      1. 4.Overview of Part

    2. Site licences

      1. 5.Prohibition on use of land as regulated site without site licence

      2. 6.Application for site licence

      3. 7.Issue of site licence

      4. 8.Duration of site licence

    3. Conditions of site licences

      1. 9.Power to attach conditions to site licence

      2. 10.Model standards

      3. 11.Fire precautions

      4. 12.Appeal against conditions of site licence

      5. 13.Power of local authority to vary conditions of site licence

      6. 14.Appeal against variation of conditions of site licence

    4. Breach of condition

      1. 15.Breach of condition

      2. 16.Fixed penalty notice

      3. 17.Compliance notices

      4. 18.Compliance notice: offence and multiple convictions

      5. 19.Compliance notice: power to demand expenses

      6. 20.Power to take action following conviction of owner

      7. 21.Power to take emergency action

      8. 22.Action under section 20 or 21: power to demand expenses

      9. 23.Appeals under section 17, 21 or 22

      10. 24.When compliance notice or expenses demand becomes operative

      11. 25.Recovery of expenses demanded under section 19 or 22

    5. Revocation and surrender of site licences

      1. 26.Revocation on death, change of ownership or cessation of use

      2. 27.Duty of licence holder to allow site licence to be altered

    6. Site managers to be fit and proper persons

      1. 28.Requirement for manager of site to be fit and proper person

      2. 29.Decision whether person is fit and proper

    7. Interim managers

      1. 30.Appointment of interim manager

      2. 31.Terms of appointment and powers of interim manager

    8. Other enforcement provisions

      1. 32.Power of entry of officers of local authorities

      2. 33.Repayment orders

    9. Miscellaneous and supplementary

      1. 34.False or misleading statements or information

      2. 35.Guidance by Welsh Ministers

      3. 36.Powers to charge fees: supplementary

      4. 37.Registers of site licences

      5. 38.Crown land

      6. 39.Interpretation

  4. PART 3 PROTECTION FROM EVICTION

    1. 40.Application of Part

    2. 41.Minimum length of notice

    3. 42.Protection of occupiers against eviction and harassment, false information etc.

    4. 43.Offences under section 42: supplementary

    5. 44.Provision for suspension of eviction orders

    6. 45.Supplementary

    7. 46.Offences

    8. 47.Interpretation

  5. PART 4 MOBILE HOME AGREEMENTS

    1. 48.Agreements to which Part applies

    2. 49.Particulars of agreements

    3. 50.Terms of agreements

    4. 51.Power to amend implied terms

    5. 52.Site rules

    6. 53.Successors in title

    7. 54.Jurisdiction of a tribunal or the court

    8. 55.Interpretation

  6. PART 5 POWERS OF LOCAL AUTHORITIES

    1. 56.Power to provide sites for mobile homes

    2. 57.Power to prohibit mobile homes on commons

  7. PART 6 SUPPLEMENTARY AND GENERAL

    1. 58.Consequential amendments and transitionals etc.

    2. 59.Liability of officers of bodies corporate

    3. 60.Meaning of “mobile home”

    4. 61.Meaning of “qualifying residents' association”

    5. 62.Other interpretation

    6. 63.Orders and regulations etc.

    7. 64.Commencement

    8. 65.Short title

    1. SCHEDULE 1

      SITES WHICH ARE NOT REGULATED SITES

      1. Use within curtilage of dwelling house

        1. 1.A site is not a regulated site by virtue of...

      2. Use by a person travelling with a mobile home for 1 or 2 nights

        1. 2.Subject to paragraph 14, a site is not a regulated...

      3. Use of holdings of 20,000 m² or more in certain circumstances

        1. 3.(1) Subject to paragraph 14, a site is not a...

      4. Sites owned and supervised by exempted organisations

        1. 4.Subject to paragraph 14, a site is not a regulated...

      5. Sites approved by exempted organisations

        1. 5.(1) Subject to paragraph 14, a site is not a...

      6. Meetings organised by exempted organisations

        1. 6.Subject to paragraph 14, a site is not a regulated...

      7. Agricultural and forestry workers

        1. 7.Subject to paragraph 14, a site is not a regulated...

        2. 8.Subject to paragraph 14, a site is not a regulated...

      8. Building and engineering sites

        1. 9.Subject to paragraph 14, a site is not a regulated...

      9. Travelling showmen

        1. 10.(1) Subject to paragraph 14, a non-local authority owned site...

      10. Sites owned by local authority

        1. 11.A site is not a regulated site if it is...

      11. Temporary exemption after death of, or other change in, owner

        1. 12.(1) Where the holder of a site licence for a...

      12. Certification of exempted organisations

        1. 13.(1) For the purposes of paragraphs 4, 5 and 6...

      13. Power to withdraw exceptions

        1. 14.(1) The Welsh Ministers may, on the application of a...

    2. SCHEDULE 2

      TERMS OF MOBILE HOME AGREEMENTS

      1. PART 1 TERMS IMPLIED BY ACT

        1. CHAPTER 1 APPLICATION

          1. 1.(1) The implied terms set out in Chapter 2 apply...

        2. CHAPTER 2 AGREEMENTS RELATING TO PITCHES EXCEPT THOSE ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES

          1. Duration of agreement

            1. 2.Subject to paragraph 3, the right to station the mobile...

            2. 3.(1) If the owner's estate or interest is insufficient to...

          2. Termination

            1. 4.The occupier is entitled to terminate the agreement by notice...

            2. 5.The owner is entitled to terminate the agreement immediately if,...

            3. 6.The owner is entitled to terminate the agreement immediately if,...

            4. 7.(1) The owner is entitled to terminate the agreement immediately...

          3. Recovery of overpayments by occupier

            1. 8.Where the agreement is terminated as mentioned in paragraph 4,...

          4. Sale of mobile home

            1. 9.(1) Where the agreement is a new agreement, the occupier...

            2. 10.(1) Where the agreement is not a new agreement, the...

            3. 11.(1) This paragraph applies where the occupier proposes to sell...

          5. Gift of mobile home

            1. 12.(1) Where the agreement is a new agreement, provided that...

            2. 13.(1) Where the agreement is not a new agreement, the...

          6. Re-siting of mobile home

            1. 14.(1) The owner is entitled to require that the occupier's...

          7. Quiet enjoyment of the mobile home

            1. 15.The occupier is entitled to quiet enjoyment of the mobile...

          8. Owner's right of entry to the pitch

            1. 16.(1) The owner may enter the pitch without prior notice...

          9. The pitch fee

            1. 17.(1) The pitch fee can only be changed in accordance...

            2. 18.(1) When determining the amount of the new pitch fee...

            3. 19.(1) When determining the amount of the new pitch fee,...

            4. 20.(1) Unless it would be unreasonable having regard to paragraph...

          10. Occupier's obligations and owner's corresponding obligations

            1. 21.(1) The occupier must— (a) pay the pitch fee to...

          11. Owner's other obligations

            1. 22.(1) The owner must— (a) if requested by the occupier,...

            2. 23.The document referred to in paragraph 17(4) and (9) must—...

          12. Owner's name and address

            1. 24.(1) The owner must by notice inform the occupier and...

            2. 25.(1) Where the owner makes any demand for payment by...

        3. CHAPTER 3 AGREEMENTS RELATING TO TRANSIT PITCHES ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES

          1. Duration of agreement

            1. 26.Subject to paragraph 27 the right to station the mobile...

            2. 27.(1) If the owner's estate or interest is insufficient to...

          2. Termination

            1. 28.The occupier is entitled to terminate the agreement before the...

            2. 29.The owner is entitled to terminate the agreement before the...

          3. Recovery of overpayments by occupier

            1. 30.Where the agreement is terminated as mentioned in paragraph 28...

          4. Quiet enjoyment of the mobile home

            1. 31.The occupier is entitled to quiet enjoyment of the mobile...

          5. Owner's right of entry to the pitch

            1. 32.(1) The owner may enter the pitch without prior notice...

          6. Owner's name and address

            1. 33.(1) The owner must by notice inform the occupier of...

            2. 34.(1) Where the owner makes any demand for payment by...

        4. CHAPTER 4 AGREEMENTS RELATING TO PERMANENT PITCHES ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES

          1. Duration of agreement

            1. 35.Subject to paragraph 36, the right to station the mobile...

            2. 36.(1) If the owner's estate or interest is insufficient to...

          2. Termination

            1. 37.The occupier is entitled to terminate the agreement by notice...

            2. 38.The owner is entitled to terminate the agreement immediately if,...

            3. 39.The owner is entitled to terminate the agreement immediately if,...

            4. 40.(1) The owner is entitled to terminate the agreement immediately...

          3. Assignment of agreement

            1. 41.(1) The occupier (“A”) may assign the agreement—

            2. 42.(1) The occupier may serve on the owner a request...

          4. Recovery of overpayments by occupier

            1. 43.Where the agreement is terminated as mentioned in paragraph 37,...

          5. Re-siting of mobile home

            1. 44.(1) The owner is entitled to require that the occupier's...

          6. Quiet enjoyment of the mobile home

            1. 45.The occupier is entitled to quiet enjoyment of the mobile...

          7. Owner's right of entry to the pitch

            1. 46.(1) The owner may enter the pitch without prior notice...

          8. The pitch fee

            1. 47.(1) The pitch fee can only be changed in accordance...

            2. 48.(1) When determining the amount of the new pitch fee...

            3. 49.When determining the amount of the new pitch fee no...

            4. 50.(1) Unless it would be unreasonable having regard to paragraph...

          9. Occupier's obligations and owner's corresponding obligations

            1. 51.(1) The occupier must— (a) pay the pitch fee to...

          10. Owner's other obligations

            1. 52.(1) The owner must— (a) if requested by the occupier,...

          11. Owner's name and address

            1. 53.(1) The owner must by notice inform the occupier and...

            2. 54.(1) Where the owner makes any demand for payment by...

      2. PART 2 MATTERS CONCERNING WHICH TERMS MAY BE IMPLIED BY THE APPROPRIATE JUDICIAL BODY

        1. 55.The sums payable by the occupier in pursuance of the...

        2. 56.The review at yearly intervals of the sums payable by...

        3. 57.The provision or improvement of services available on the protected...

        4. 58.The preservation of the amenity of the protected site.

    3. SCHEDULE 3

      FURTHER PROVISIONS ABOUT ORDERS RELATING TO COMMONS

      1. Duty to consult conservators

        1. 1.Before making an order under section 57(2) with respect to...

      2. Procedure for making orders imposing prohibitions

        1. 2.Before making any order under section 57(2), other than an...

        2. 3.(1) Not later than the date on which notice under...

        3. 4.(1) If, before the end of the period of 28...

      3. Notice to lord of manor of other orders

        1. 5.Where the sole effect of an order under section 57(2)...

      4. Crown land

        1. 6.(1) Where it is proposed to make an order of...

    4. SCHEDULE 4

      CONSEQUENTIAL AMENDMENTS

      1. Caravan Sites and Control of Development Act 1960 (c. 62)

        1. 1.(1) The Caravan Sites and Control of Development Act 1960...

      2. Caravan Sites Act 1968 (c. 52)

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

      3. Rating (Caravan Sites) Act 1976 (c. 15)

        1. 3.In section 6 of the Rating (Caravan Sites) Act 1976—...

      4. Mobile Homes Act 1983 (c. 34)

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

      5. Local Government Finance Act 1988 (c. 41)

        1. 5.In paragraph 2B(5) of Schedule 6 to the Local Government...

      6. Town and Country Planning Act 1990 (c. 8)

        1. 6.(1) The Town and Country Planning Act 1990 is amended...

      7. Local Government (Wales) Act 1994 (c. 19)

        1. 7.In Schedule 16 to the Local Government (Wales) Act 1994,...

      8. Environment Act 1995 (c.25)

        1. 8.(1) Schedule 9 to the Environment Act 1995 is amended...

      9. Housing Act 2004 (c. 34)

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

      10. Regulatory Enforcement and Sanctions Act 2008 (c. 13)

        1. 10.In Schedule 3 to the Regulatory Enforcement and Sanctions Act...

      11. Equality Act 2010 (c. 15)

        1. 11.In paragraph 30D(5) of Schedule 3 to the Equality Act...

    5. SCHEDULE 5

      TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS

      1. Pending applications for site licences

        1. 1.An application for a site licence under the Caravan Sites...

      2. Temporary continuation of existing site licences

        1. 2.(1) The coming into force of Part 2 and paragraph...

      3. Time for determining site licence

        1. 3.Where an application for a site licence in respect of...

      4. Continuation of existing model standards

        1. 4.Any model standards made by the Welsh Ministers under section...

      5. Pre-commencement revocations

        1. 5.The reference in section 7(5) to the revocation of a...

      6. Pre-commencement offences to count for certain purposes

        1. 6.The reference in subsection (4)(b) of section 18 to the...

      7. Prosecution of pre-commencement offences

        1. 7.Nothing in any provision of this Act affects the operation...

      8. Old transitionals and savings

        1. 8.Any transitional provision or saving relating to the coming into...

      9. Temporary reduction of maximum penalty for either way offence tried summarily

        1. 9.In the case of an offence committed before 2 May...

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