Existing agreements: local authority’s duty to provide a written statement6
1
In relation to an existing agreement in respect of a pitch which, by virtue of this Order, becomes a permanent pitch, the local authority must within the period of 28 days beginning with the appointed day give to the other party to the agreement a written statement which complies with the following paragraphs.
2
The written statement must—
a
specify the names and addresses of the parties;
b
include particulars of the pitch that are sufficient to identify it;
c
set out the express terms contained in the agreement;
d
set out the terms to be implied terms by virtue of the application of the 1983 Act to the agreement; and
e
be in the form set out in the Schedule to this Order or a form substantially to the same effect.
3
Subject to paragraph (4), any express term contained in the agreement is unenforceable by a local authority or any person within section 3(1) of the 1983 Act if it was not set out in a written statement given to the other party in accordance with paragraph (1).
4
Where the local authority fails to give the other party to the agreement a written statement in accordance with paragraph (1), the other party may, at any time after the 28 days mentioned in that paragraph has expired, apply to a tribunal for an order requiring the local authority—
a
to give the party a written statement which complies with paragraph (2)(a) to (e), and
b
to do so not later than such date as is specified in the order.
5
In paragraph (4) “tribunal” has the same meaning as in the 1983 Act and a tribunal’s jurisdiction under that paragraph is to be treated as jurisdiction under the 1983 Act.
6
A statement required to be given to a person under this article may be either delivered to them personally or sent by post.
7
A written statement under this article is not to be treated as a written statement for the purposes of section 1 or 2 of the 1983 Act.
8
A written statement under this article is to be treated as a written statement for the purposes of Chapter 4 of Part 1 of Schedule 1 to the 1983 Act.