S. 4 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(5)
S. 4(7) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(5)(b) (with art. 5)
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Words in s. 4 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(7)(a) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)
Words in s. 4(1) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(7)(b) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)
Words in s. 4(3) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(7)(b) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)
In relation to a protected site
to determine any question arising under this Act or any agreement to which it applies; and
to entertain any proceedings brought under this Act or any such agreement,
subject to subsections (2) to (6).
Subsection (1) applies in relation to a question irrespective of anything contained in an arbitration agreement which has been entered into before that question arose.
In relation to a protected site
to determine any question arising by virtue of paragraph 4, 5 or 5A(2)(b) of Chapter 2, or paragraph 4, 5 or 6(1)(b) of Chapter 4, of Part 1 of Schedule 1 (termination by owner) under this Act or any agreement to which it applies; and
to entertain any proceedings so arising brought under this Act or any such agreement,
subject to subsections (4) to (6).
Subsection (5) applies if the owner and occupier have entered into an arbitration agreement before the question mentioned in subsection (3)(a) arises and the agreement applies to that question.
A tribunal has jurisdiction to determine the question and entertain any proceedings arising instead of the court.
Subsection (5) applies irrespective of anything contained in the arbitration agreement mentioned in subsection (4).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The court shall have jurisdiction to determine any question arising under this Act or any agreement to which it applies, and to entertain any proceedings brought under this Act or any such agreement.