PART 2 E+WClosure of businesses and premises

Closure of holiday accommodation E+W

8.—(1) A person responsible for carrying on a business which is listed in Schedule 3 must cease to carry on that business.

(2) But paragraph (1) does not prevent the use of premises—

(a) for the provision of self-contained accommodation,

(b) for the provision of pitches for self-contained caravans at holiday sites or camping sites,

(c) for the purposes of a business listed in Schedule 1 (but see regulation 6), or

(d) for any purpose as may be requested by the Welsh Ministers or a local authority.

(3) And paragraph (1) applies to a person responsible for carrying on a business subject to the need to—

(a) provide accommodation for any persons staying in that accommodation when these Regulations come into force and who—

(i) are unable to return to their main residence, or

(ii) are using the accommodation as their main residence;

(b) carry on the business by providing information or other services—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including enquiries by text message, or

(iii) by post;

(c) carry out maintenance and repairs and other work to ensure premises are suitable for use when paragraph (1) no longer applies to the business.

(4) For the purposes of paragraph (2)—

(a) accommodation is self-contained if—

(i) it is provided to persons who are members of the same household,

(ii) toilets and washing facilities are provided in connection with the accommodation which are not shared with anyone who is a member of another household, and

(iii) if facilities for the preparation or consumption of food or drink are provided in connection with the accommodation, they are not shared with anyone who is a member of another household;

(b) a caravan is self-contained if—

(i) the persons occupying the caravan are members of the same household,

(ii) the caravan contains its own toilet and washing facilities, and

(iii) the persons occupying the caravan do not share facilities for the preparation or consumption of food or drink at the holiday site or camping site with anyone who is a member of another household;

(c) “caravan” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960 M1 .

(5) In this regulation and in Schedule 3, a “holiday site” means any land in Wales on which a mobile home or caravan is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), in respect of which the relevant planning permission or the site licence for the land—

(a) is expressed to be granted for holiday use only, or

(b) requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation.

(6) For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—

(a) the person who is the owner of the site, or

(b) a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 M2 applies.

Commencement Information

I1 Reg. 8 in force at 11.7.2020, see reg. 1(3)(b)

Marginal Citations

M1 1960 c. 62. See section 29(1) (interpretation of Part 1).

M2 2013 anaw 6, as amended by the Housing (Wales) Act 2014 (anaw 7).