The Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

Section 318 of the Housing and Regeneration Act 2008 (c.17) amends section 5 of the Mobile Homes Act 1983 (“the 1983 Act”) so as to bring land occupied by a local authority as a caravan site providing accommodation for gypsies and travellers within the definition of protected sites for the purposes of the 1983 Act. The purpose of this Order is to make amendments to the 1983 Act which are consequential on the coming into force of section 318 of the Housing and Regeneration Act 2008 and on the making of related transitional provisions made under section 322 of that Act.

The consequential amendments set out in article 2 of this Order provide for—

(a)an amendment to section 1 of the 1983 Act so that the right of an occupier to apply to the court or a tribunal if the owner fails to provide a written statement is disapplied for occupiers of transit pitches on local authority gypsy and traveller sites; and

(b)an amendment to section 2 of the 1983 Act so that the right of a party to the agreement to apply to the court or a tribunal as to the terms of the agreement within 6 months of it being made or of the written statement being given is disapplied for transit pitches.

An impact assessment has been prepared in respect of this Order. It has been deposited in the Library of each House of Parliament and is available from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU or email gypsies@communities.gsi.gov.uk