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 2 E+W+S Agreements relating to pitches F2 ... except pitches F3 ... on local authority gypsy and traveller sites and county council gypsy and traveller sites ]

Textual Amendments

F1 Sch. 1 Pt. 1 renumbered as Sch. 1 Pt. 1 Ch. 2 (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. 2 (with art. 1(3))

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

F3 Words in Sch. 1 Pt. I Ch. 2 heading omitted (10.7.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013 (S.I. 2013/1723), arts. 1(1), 2(3)(a) (with art. 1(3))

Gift of mobile home E+W+S

[F4 8A F5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

(2) Where the agreement is a new agreement (as defined by paragraph 7A(3)), provided that the occupier has supplied the owner with the relevant evidence, the occupier is entitled to give the mobile home, and to assign the agreement, to a member of the occupier's family (referred to in this paragraph as the “new occupier”) without the approval of the owner.

(3) The relevant evidence is—

(a) evidence, or evidence of a description, prescribed in regulations made by the Secretary of State that the person to whom the occupier proposes to give the mobile home, and to assign the agreement, is a member of the occupier's family, or

(b) any other satisfactory evidence that the person concerned is a member of the occupier's family.

(4) The new occupier must, as soon as reasonably practicable, notify the owner of the receipt of the mobile home and assignment of the agreement.

(5) The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (2).

(6) The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (2).]

Textual Amendments

F4 Sch. 1 Pt. I Ch. 2 paras. 8A-8C inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(5), 15(3) (with savings in S.I. 2013/1168, reg. 2)

F5 Sch. 1 Pt. I Ch. 2 para. 8A(1) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(e) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)