Textual Amendments
F1Sch. 1 Pt. 1 renumbered as Sch. 1 Pt. 1 Ch. 2 (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 1 para. 2 (with art. 1(3))
F2Words in Sch. 1 Pt. I Ch. 2 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(b) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)
F3Words in Sch. 1 Pt. I Ch. 2 heading omitted (10.7.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013 (S.I. 2013/1723), arts. 1(1), 2(3)(a) (with art. 1(3))
Textual Amendments
F4Sch. 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)
28(1)A residents' association is a qualifying residents' association in relation to a protected site if—E+W
(a)it is an association representing the occupiers of mobile homes on that site;
(b)at least 50 per cent. of the occupiers of the mobile homes on that site are members of the association;
(c)it is independent from the owner, who together with any agent or employee of his is excluded from membership;
(d)subject to paragraph(c) above, membership is open to all occupiers who own a mobile home on that site;
(e)it maintains a list of members which is open to public inspection together with the rules and constitution of the residents' association;
(f)it has a chairman, secretary and treasurer who are elected by and from among the members;
(g)with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each mobile home; and
(h)the owner has acknowledged in writing to the secretary that the association is a qualifying residents' association, or, in default of this, the [F5appropriate judicial body] has so ordered.
(2)When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) above, each mobile home shall 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.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F5Words in Sch. 1 Pt. I Ch. 2 para. 28(1)(h) 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(7)(l) 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(7)(m) (with art. 5)
[F628SFor the purposes of paragraph 25(f), to “consult a qualifying residents’ association” means—
(a)to give the association at least 28 clear days’ notice in writing of—
(i)the matters mentioned in paragraph 25(f) and how they may affect the occupiers either directly or indirectly in the long and short term; and
(ii)when and where the association can make representations about the matters; and
(b)to take into account any representations made by the association, in accordance with paragraph (a)(ii), before proceeding with the matters.]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments