Mobile Homes Act 1983 (c. 34)

SCHEDULES

SCHEDULE 1 E+W+S Agreements Under Act

Part I E+W+S Terms Implied by Act

[F1 CHAPTER 4 E+W+S Agreements relating to permanent pitches F2 ... on a local authority gypsy and traveller site or a county council gypsy and traveller site

Textual Amendments

F1 Sch. 1 Pt. I Chs. 3, 4 inserted (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. 4 (with art. 1(3))

F2 Words in Sch. 1 Pt. I Ch. 4 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(k) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

The pitch fee E+W+S

16. (1) When determining the amount of the new pitch fee particular regard must be had to—

(a) any sums expended by the owner since the last review date on improvements—

(i) which are for the benefit of the occupiers of mobile homes on the protected site;

(ii) which were the subject of consultation in accordance with paragraph 20(f) and (g); and

(iii) to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, [F3 the court][F3 a tribunal], on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

(b) any decrease in the amenity of the protected site since the last review date; and

(c) the effect of any enactment which has come into force since the last review date.

(2) [F4 When] calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to 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.

F5 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.]

Textual Amendments

F3 Words in Sch. 1 Pt. I Ch. 4 para. 16(1)(a)(iii) 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(8)(g)

F4 Word in Sch. 1 Pt. I Ch. 4 para. 16(2) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(n)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F5 Sch. 1 Pt. I Ch. 4 para. 16(2A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(n)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)