SCHEDULES

SCHEDULE 1 E+W+S Agreements Under Act

Part I E+W+S Terms Implied by Act

[F1 CHAPTER 4 E+W+SAgreements 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)

Qualifying residents’ association E+W+S

26. (1) A residents’ association is a qualifying residents’ association in relation to a protected site if—

(a) it is an association representing the occupiers of mobile homes on that site;

(b) at least 50 per cent of the occupiers of the mobile homes on that site are members of the association;

(c) it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;

(d) subject to paragraph (c), membership is open to all occupiers who own a mobile home on that site;

(e) it maintains a list of members which is open to public inspection together with the rules and constitution of the residents’ association;

(f) it has a chair, secretary and treasurer who are elected by and from among the members;

(g) with the exception of administrative decisions taken by the chair, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each mobile home; and

(h) the owner has acknowledged in writing to the secretary that the association is a qualifying residents’ association, or, in default of this, [F3 the court][F3 a tribunal] has so ordered.

(2) [F4 When] calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b), 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3 Words in Sch. 1 Pt. I Ch. 4 para. 26(1)(h) 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)(h)

F4 Word in Sch. 1 Pt. I Ch. 4 para. 26(2) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(p)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F5 Sch. 1 Pt. I Ch. 4 para. 26(2A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(p)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)