Mobile Homes Bill (HC Bill 12)

Licensing

1 Fees

(1) The Caravan Sites and Control of Development Act 1960 is amended in
accordance with subsections (2) to (7).

(2) 5In section 3 (application for site licence)—

(a) after subsection (2) insert—

“(2A) A local authority in England may require a relevant protected
site application in respect of land in their area to be
accompanied by a fee fixed by the authority.”, and

(b) 10after subsection (6) insert—

“(7) In this Part, “relevant protected site application” means an
application for a site licence authorising the use of land as a
caravan site other than an application for a licence—

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

(b) 15to be otherwise so expressed or subject to such
conditions that there will be times of the year when no
caravan may be stationed on the land for human
habitation;

whether or not because the relevant planning permission under
20Part 3 of the Town and Country Planning Act 1990 is so
expressed or subject to such conditions.”

(3) After section 5 insert—

“5A Relevant protected sites: annual fee

(1) A local authority in England who have issued a site licence in respect of
a relevant protected site in their area may require the licence holder to
5pay an annual fee fixed by the local authority.

(2) When requiring a licence holder to pay an annual fee under this section,
a local authority must inform the licence holder of the matters to which
they have had regard in fixing the fee for the year in question (in
particular, the extent to which they have had regard to deficits or
10surpluses in the accounts for the annual fee for previous years).

(3) Where an annual fee due to a local authority under this section has
become overdue, the local authority may apply to a residential
property tribunal for an order requiring the licence holder to pay the
local authority the amount due by the date specified in the order; and
15the order may make provision about the manner in which the payment
is to be made.

(4) Where a licence holder fails to comply with an order under subsection
(3) within the period of three months beginning with the date specified
in the order for the purposes of that subsection, the local authority may
20apply to a residential property tribunal for an order revoking the site
licence.

(5) In this Part, “relevant protected site” means land in respect of which a
site licence is required under this Part, other than land in respect of
which the relevant planning permission under Part 3 of the Town and
25Country Planning Act 1990 or the site licence—

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

(b) is otherwise so expressed or subject to such conditions that
there are times of the year when no caravan may be stationed on
the land for human habitation.”

(4) 30In section 8 (alteration of conditions attached to site licences), after subsection
(1A) insert—

“(1B) A local authority in England may require an application by the holder
of a site licence in respect of a relevant protected site in their area for the
alteration of the conditions attached to the site licence to be
35accompanied by a fee fixed by the local authority.”

(5) In section 10 (transfer of site licences etc.), after subsection (1) insert—

“(1A) A local authority in England may require an application for consent to
the transfer of a site licence in respect of a relevant protected site in their
area to be accompanied by a fee fixed by the local authority.”

(6) 40After section 10 insert—

“10A Powers to charge fees: supplementary

(1) This section applies where a local authority in England propose to
charge a fee under section 3, 5A, 8 or 10.

(2) Before charging the fee, the local authority must prepare and publish a
45fees policy.

(3) When fixing a fee for the purposes of section 3, 5A, 8 or 10, the local
authority—

(a) must act in accordance with their fees policy;

(b) may fix different fees for different cases or descriptions of case;

(c) 5may determine that no fee is required to be paid in certain cases
or descriptions of case.

(4) When fixing a fee for any of those purposes, the local authority may not
take into account any costs incurred by them in exercising—

(a) their functions under any of sections 9A to 9I, 23 or 24;

(b) 10any function under any provision of this Act in relation to a
caravan site which is not a relevant protected site.

(5) If the local authority propose to charge a fee under section 5A, the fees
policy must include provision about the time at which the fee is
payable.

(6) 15The local authority may revise their fees policy and, where they do so,
must publish the policy as revised.”

(7) In section 29(1) (interpretation of Part 1), at the appropriate place insert—

• ““relevant protected site” has the meaning assigned to it by section
  5A(5);

• 20“relevant protected site application” has the meaning assigned to
  it by section 3(7);”.

(8) In Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (implied
terms in pitch agreements except those relating to pitches in England on certain
gypsy and traveller sites), in paragraph 19, after sub-paragraph (2) insert—

“(3) 25In the case of a protected site in England, when determining the
amount of the new pitch fee, no regard may be had to any fee
required to be paid by the owner by virtue of—

(a) section 8(1B) of the Caravan Sites and Control of
Development Act 1960 (fee for application for site licence
30conditions to be altered);

(b) section 10(1A) of that Act (fee for application for consent to
transfer site licence).”

2 Local authority discretion on application to issue or transfer licence

(1) In section 3 of the Caravan Sites and Control of Development Act 1960
35(application for site licence), in subsections (4) and (5), for “the local authority
shall” substitute “the local authority may (where they are in England and are
considering whether to grant a relevant protected site application) or shall (in
any other case)”.

(2) After subsection (5) of that section insert—

“(5A) 40The Secretary of State may by regulations require a local authority in
England to have regard to the prescribed matters when deciding
whether to issue a site licence under subsection (4) or (5) on a relevant
protected site application in respect of land in their area.

(5B) The regulations may require a local authority in England, where they
45decide not to issue such a site licence under subsection (4) or (5), to

notify the applicant of the reasons for the decision and of such right of
appeal as may be conferred by virtue of subsection (5C).

(5C) The regulations may—

(a) confer on an applicant under this section a right of appeal to a
5residential property tribunal against a decision of a local
authority in England not to issue a site licence as mentioned in
subsection (5B);

(b) provide that no compensation may be claimed for loss suffered
in consequence of the decision pending the outcome of the
10appeal.

(5D) Regulations under this section—

(a) may make incidental, supplementary, consequential, saving or
transitional provision;

(b) may make provision which applies generally (whether or not
15subject to exceptions) or in relation only to specified cases or
descriptions of case;

(c) may make different provision for different cases or descriptions
of case (including different provision for different areas).

(5E) Regulations under this section must be made by statutory instrument.

(5F) 20A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.”

(3) In section 10 of that Act (transfer of site licence), after subsection (1A) (inserted
by section 1(5)) insert—

“(1B) 25The Secretary of State may by regulations provide that a person
applying to a local authority in England for consent to the transfer of a
site licence in respect of a relevant protected site in their area must,
either at the time of making the application or subsequently, give to the
local authority such information as they may require.

(1C) 30The regulations may require a local authority in England to have regard
to the prescribed matters when deciding whether to give their consent
to the transfer of a site licence in respect of a relevant protected site in
their area.

(1D) The regulations may require a local authority in England, where they
35decide not to give their consent to the transfer of such a site licence, to
notify the licence holder of the reasons for the decision and of such right
of appeal as may be conferred by virtue of subsection (1E).

(1E) The regulations may—

(a) confer on an applicant under this section a right of appeal to a
40residential property tribunal against a decision of a local
authority in England not to give their consent to the transfer of
a site licence as mentioned in subsection (1D);

(b) provide that no compensation may be claimed for loss suffered
in consequence of the decision pending the outcome of the
45appeal.

(1F) Subsections (5D) to (5F) of section 3 apply in relation to regulations
under this section as they apply in relation to regulations under that
section.”

(4) In subsection (3) of that section, after “the transfer of a site licence” insert
5“(other than one issued by a local authority in England in respect of a relevant
protected site in their area)”.

3 Site licence conditions: appeals

(1) The Caravan Sites and Control of Development Act 1960 is amended as
follows.

(2) 10In section 7 (the heading to which becomes “Appeal against conditions
attached to site licence”)—

(a) in subsection (1), for “; and the court” substitute “or, in a case relating
to land in England, to a residential property tribunal; and the court or
tribunal”, and

(b) 15after that subsection insert—

“(1A) In a case where a residential property tribunal varies or cancels
a condition under subsection (1), it may also attach a new
condition to the licence in question.”

(3) In section 8 (power of local authority to alter conditions attached to site
20licences)—

(a) in subsection (2), for “; and the court” substitute “or, in a case relating
to land in England, to a residential property tribunal; and the court or
tribunal”, and

(b) in subsection (4), for “and a magistrates’ court” substitute “, a
25magistrates’ court and a residential property tribunal”.

4 Compliance notices

(1) In section 9 of the Caravan Sites and Control of Development Act 1960 (the
heading to which becomes “Breach of condition: land other than relevant
protected sites in England”), in subsections (1) and (3), after “occupier of land”
30insert “, other than land in England which is a relevant protected site,”.

(2) After that section insert—

“9A Breach of condition: relevant protected sites in England

(1) If it appears to a local authority in England who have issued a site
licence in respect of a relevant protected site in their area that the
35occupier of the land concerned is failing or has failed to comply with a
condition for the time being attached to the site licence, they may serve
a compliance notice on the occupier.

(2) A compliance notice is a notice which—

(a) sets out the condition in question and details of the failure to
40comply with it,

(b) requires the occupier of the land to take such steps as the local
authority consider appropriate and as are specified in the notice
in order to ensure that the condition is complied with,

(c) specifies the period within which those steps must be taken,
and

(d) explains the right of appeal conferred by subsection (3).

(3) An occupier of land who has been served with a compliance notice may
5appeal to a residential property tribunal against that notice (for further
provision about appeals under this section, see section 9G).

(4) A local authority may—

(a) revoke a compliance notice;

(b) vary a compliance notice by extending the period specified in
10the notice under subsection (2)(c).

(5) The power to revoke or vary a compliance notice is exercisable by the
local authority—

(a) on an application made by the occupier of land on whom the
notice was served, or

(b) 15on the authority’s own initiative.

(6) Where a local authority revoke or vary a compliance notice, they must
notify the occupier of the land to which the notice relates of the decision
as soon as is reasonably practicable.

(7) Where a compliance notice is revoked, the revocation comes into force
20at the time when it is made.

(8) Where a compliance notice is varied—

(a) if the notice has not become operative (see section 9H) when the
variation is made, the variation comes into force at such time (if
any) as the notice becomes operative in accordance with section
259H;

(b) if the notice has become operative when the variation is made,
the variation comes into force at the time when it is made.

9B Compliance notice under section 9A: offence and multiple convictions

(1) An occupier of land who has been served with a compliance notice
30which has become operative (see section 9H) commits an offence if the
occupier fails to take the steps specified in the notice under section
9A(2)(b) within the period so specified under section 9A(2)(c).

(2) A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.

(3) 35In proceedings against an occupier of land for an offence under
subsection (1), it is a defence that the occupier had a reasonable excuse
for failing to take the steps referred to in subsection (1) within the
period referred to in that subsection.

(4) Subsection (5) applies where—

(a) 40an occupier of land is convicted of an offence under
subsection  (1), and

(b) the occupier has been convicted on two or more previous
occasions of an offence under subsection (1), or an offence
under section 9 committed before the commencement of this
45section, in relation to the site licence to which the conviction
mentioned in paragraph (a) relates.

(5) On an application by the local authority who served the compliance
notice in question, the court before which the occupier of the land was
convicted may make an order revoking the site licence in question on
the date specified in the order.

(6) 5An order under subsection (5) must not specify a date which is before
the end of the period within which notice of appeal (whether by case
stated or otherwise) may be given against the conviction mentioned in
subsection (4)(a).

(7) Where an appeal against the conviction mentioned in subsection (4)(a)
10is made by the occupier of the land before the date specified in an order
under subsection (5), the order does not take effect until—

(a) the appeal is finally determined, or

(b) the appeal is withdrawn.

(8) On an application by the occupier of the land or by the local authority
15who issued the site licence, the court which made the order under
subsection (5) may make an order specifying a date on which the
revocation of the site licence takes effect which is later than the date
specified in the order under subsection (5).

(9) But the court must not make an order under subsection (8) unless it is
20satisfied that adequate notice of the application has been given to the
occupier of the land or to the local authority (as the case may be).

9C Compliance notice under section 9A: power to demand expenses

(1) When serving a compliance notice on an occupier of land, a local
authority may impose a charge on the occupier as a means of
25recovering expenses incurred by them—

(a) in deciding whether to serve the notice, and

(b) in preparing and serving the notice or a demand under
subsection (3).

(2) The expenses referred to in subsection (1) include in particular the costs
30of obtaining expert advice (including legal advice).

(3) The power under subsection (1) is exercisable by serving the
compliance notice together with a demand which sets out—

(a) the total expenses the local authority seek to recover under
subsection (1) (“relevant expenses”),

(b) 35a detailed breakdown of the relevant expenses, and

(c) where the local authority propose to charge interest under
section 9I, the rate at which the relevant expenses carry interest.

(4) Where a tribunal allows an appeal under section 9A against the
compliance notice with which a demand was served, it may make such
40order as it considers appropriate—

(a) confirming, reducing or quashing any charge under this section
made in respect of the notice, and

(b) varying the demand as appropriate in consequence.”

5 Powers for local authority to carry out works

(1) 45After section 9C of the Caravan Sites and Control of Development Act 1960

(inserted by section 4) insert—

“9D Power to take action following conviction of occupier

(1) Where an occupier of land is convicted of an offence under section
9B(1) (failure to take steps required by a compliance notice), the local
5authority who issued the compliance notice may—

(a) take any steps required by the compliance notice to be taken by
the occupier, but which have not been so taken; and

(b) take such further action as the authority consider appropriate
for ensuring that the condition specified in the compliance
10notice is complied with.

(2) Where a local authority propose to take action under subsection (1),
they must serve on the occupier of the land a notice which—

(a) identifies the land and the compliance notice to which it relates,

(b) states that the authority intend to enter onto the land,

(c) 15describes the action the authority intend to take on the land,

(d) if the person whom the authority propose to authorise to take
the action on their behalf is not an officer of theirs, states the
name of that person, and

(e) sets out the dates and times on which it is intended that the
20action will be taken (in particular, when the authority intend to
start taking the action and when they expect the action to be
completed).

(a)(a)identifies the land and the compliance notice to which it relates,

(b) states that the authority intend to enter onto the land,

(c) 25describes the action the authority intend to take on the land,

(d) if the person whom the authority propose to authorise to take
the action on their behalf is not an officer of theirs, states the
name of that person, and

(e) sets out the dates and times on which it is intended that the
30action will be taken (in particular, when the authority intend to
start taking the action and when they expect the action to be
completed).

(3) The notice must be served sufficiently in advance of when the local
authority intend to enter onto the land as to give the occupier of the
35land reasonable notice of the intended entry.

(4) In a case where the local authority authorise a person other than an
officer of theirs to take the action on their behalf, the reference in section
26(1) to an authorised officer of the local authority is to be read as
including that person.

(5) 40The requirement in section 26(1) to give 24 hours’ notice of the intended
entry, in its application to a case within this section, applies only in
relation to the day on which the local authority intend to start taking
the action on the land.

9E Power to take emergency action

(1) 45A local authority in England who have issued a site licence in respect of
a relevant protected site in their area may take action in relation to the
land concerned if it appears to the authority that—

(a) the occupier of the land is failing or has failed to comply with a
condition for the time being attached to the site licence, and

(b) 50as a result of that failure there is an imminent risk of serious
harm to the health or safety of any person who is or may be on
the land.

(2) The action a local authority may take under this section (referred to in
this section as “emergency action”) is such action as appears to the
55authority to be necessary to remove the imminent risk of serious harm
mentioned in subsection (1)(b).

(3) Where a local authority propose to take emergency action, the
authority must serve on the occupier of the land a notice which—

(a) identifies the land to which it relates,

(b) states that the authority intend to enter onto the land,

(c) 5describes the emergency action the authority intend to take on
the land,

(d) if the person whom the authority propose to authorise to take
the action on their behalf is not an officer of theirs, states the
name of that person, and

(e) 10specifies the power under this section and the power under
section 26 as the powers under which the authority intend to
enter onto the land.

(4) A notice under subsection (3) may state that, if entry onto the land were
to be refused, the authority would propose to apply for a warrant under
15section 26(2).

(5) A notice under subsection (3) must be served sufficiently in advance of
when the local authority intend to enter onto the land as to give the
occupier of the land reasonable notice of the intended entry.

(6) In a case where the local authority authorise a person other than an
20officer of theirs to take the emergency action on their behalf, the
reference in section 26(1) to an authorised officer of the local authority
is to be read as including that person.

(7) Section 26(1), in its application to a case within this section, has effect as
if—

(a) 25the words “at all reasonable hours” were omitted, and

(b) the words from “Provided that” to the end were omitted.

(8) Within the period of seven days beginning with the date when the
authority start taking the emergency action, the authority must serve
on the occupier of the land a notice which—

(a) 30describes the imminent risk of serious harm to the health or
safety of persons who are or may be on the land,

(b) describes the emergency action which has been, and any
emergency action which is to be, taken by the authority on the
land,

(c) 35sets out when the authority started taking the emergency action
and when the authority expect it to be completed,

(d) if the person whom the authority have authorised to take the
action on their behalf is not an officer of theirs, states the name
of that person, and

(e) 40explains the right of appeal conferred by subsection (9).

(9) An occupier of land in respect of which a local authority has taken or is
taking emergency action may appeal to a residential property tribunal
against the taking of the action by the authority (for further provisions
about appeals under this section, see section 9G).

(10) 45The grounds on which the appeal may be brought are—

(a) that there was no imminent risk of serious harm as mentioned
in subsection (1)(b) (or, where the action is still being taken, that
there is no such risk);