Mobile Homes Act 1975 (c. 49)

Section 8.

SCHEDULE E+W+S Modifications of the Act of 1968 For The Purpose of Extending That Act to Scotland.

Modifications etc. (not altering text)

C1 The text of the Schedule is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART I E+W+S General Adaptation

1 E+W+S For section 17(3) of the Act of 1968 (extent) there shall be substituted the following subsection—

“(3) Part I and sections 13, 14(1), 16, subsection (1) above and this subsection shall extend to Scotland as read with section 8 and the Schedule to the Mobile Homes Act 1975, but otherwise this Act does not extend to Scotland or Northern Ireland.”

PART II E+W+S Specific Modifications

2 E+W+S For section 5 of the Act of 1968 there shall be substituted the following section—

“5 (1) In this Part of this Act any reference to the court shall be construed as a reference to the sheriff having jurisdiction in the place where the protected site is situated.

(2) The power of the court under section 4 of this Act to suspend the enforcement of an order shall extend to any order made but not executed before the commencement of this Part of this Act.

(3) Nothing in this Part of this Act shall affect the operation of section 89 of the Land Clauses Consolidation (Scotland) Act 1845.

(4) Section 12(1) of the Caravan Sites and Control of Development Act 1960 (power of site occupier to take possession and terminate a licence or tenancy in case of contravention of section 1 of that Act), when read with section 32(1)(d) of that Act, shall have effect subject to the foregoing provisions of this Part of this Act.

(5) Part III of the Rent Act 1965 (protection against harassment and eviction without due process of the law) shall not apply to any premises being a caravan stationed on a protected site.”

3 E+W+S For section 16 of the Act of 1968 there shall be substituted the following section—

“16 In this Act, unless the context otherwise requires— “caravan” has the same meaning as in Part I of the Caravan Sites and Control of Development Act 1960, as amended by this Act ; “local authority” means a local authority within the same meaning of the Local Government (Scotland) Act 1973 and the regional or district planning authority within the meaning of Part IX of that Act ; “the Minister” means the Secretary of State ; “planning permission” means permission under Part III of the Town and Country Planning (Scotland) Act 1972.”