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SCHEDULES

SCHEDULE 1E+W+S Agreements Under Act

Part IE+W+S Terms Implied by Act

[F1CHAPTER 2E+W+SAgreements relating to pitches in England and Wales except pitches in England on local authority gypsy and traveller sites and county council gypsy and traveller sites ]

Textual Amendments

[F2The pitch feeE+W+S

Textual Amendments

F2Sch. 1 Pt. 1 paras. 10-29 and cross-headings substituted for Sch. 1 Pt. 1 para. 10 and cross-heading (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(6) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(6) (with arts. 1(2)(3), 4)

18(1)When determining the amount of the new pitch fee particular regard shall be had to—E+W+S

(a)any sums expended by the owner since the last review date on improvements—

(i)which are for the benefit of the occupiers of mobile homes on the protected site;

(ii)which were the subject of consultation in accordance with paragraph 22(e) and (f) below; and

(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the [F3appropriate judicial body], on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

(b)any decrease in the amenity of the protected site since the last review date; and

(c)the effect of any enactment, other than an order made under paragraph 8(2) above, which has come into force since the last review date.

(2)When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(b)(iii) each mobile home is to be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.

(3)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.]

Textual Amendments