Mobile Homes Bill (HC Bill 97)

(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) describes the imminent risk of serious harm to the health or
5safety 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) sets out when the authority started taking the emergency action
10and 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) explains the right of appeal conferred by subsection (9).

(9) 15An 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) The grounds on which the appeal may be brought are—

(a) 20that 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);

(b) that the action the authority has taken was  not necessary to
remove the imminent risk of serious harm mentioned in
25subsection (1)(b) (or, where the action is still being taken, that it
is not necessary to remove the risk).

(11) The ways in which a notice under this section may be served include by
fixing it in a prominent place at or near the main entrance to the land.

9F Action under section 9D or 9E: power to demand expenses

(1) 30Where a local authority take action under section 9D or emergency
action under section 9E, the authority may impose a charge on the
occupier of the land as a means of recovering expenses incurred by
them—

(a) in deciding whether to take the action,

(b) 35in preparing and serving any notice under section 9D or 9E or a
demand under subsection (6), and

(c) taking the action.

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

(3) 40In the case of emergency action under section 9E, no charge may be
imposed under subsection (1) until such time (if any) as is determined
in accordance with subsection (4).

(4) For the purposes of subsection (3), the time when a charge in respect of
emergency action may be imposed is—

(a) 45if no appeal against the local authority’s decision to take the
emergency action is brought under section 9E(9) within the
appeal period under section 9G, at the end of that period;

(b) if an appeal is brought under that section and a decision on the
appeal confirms the authority’s decision—

(i) where the period within which an appeal to the Upper
Tribunal may be brought expires without such an
5appeal having been brought, the end of that period;

(ii) where an appeal to the Upper Tribunal is brought, when
a decision is given on the appeal confirming the
authority’s decision.

(5) For the purposes of subsection (4)—

(a) 10the withdrawal of an appeal against a decision by the local
authority has the same effect as a decision on the appeal
confirming the authority’s decision;

(b) references to a decision on the appeal confirming the
authority’s decision are to a decision which confirms that
15decision with or without variation.

(6) The power under subsection (1) is exercisable by serving on the
occupier of the land a demand for the expenses which—

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

(b) 20sets out a detailed breakdown of the relevant expenses,

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

(d) explains the right of appeal conferred by subsection (7).

(7) 25An occupier of land who is served with a demand under this section
may appeal to a residential property tribunal against the demand (for
further provision about appeals under this section, see section 9G).

(8) A demand under this section must be served—

(a) in the case of action under section 9D, before the end of the
30period of two months beginning with the date on which the
action is completed;

(b) in the case of emergency action under section 9E—

(i) before the end of the period of two months beginning
with the earliest date (if any) on which a charge may be
35imposed in accordance with subsection (4), or

(ii) if the action has not been completed by the end of that
period, before the end of the period of two months
beginning with the date on which the action is
completed.”

6 40Sections 4 and 5: appeals, operative periods, recovery of expenses

(1) After section 9F of the Caravan Sites and Control of Development Act 1960
(inserted by section 5) insert—

“9G Appeals under section 9A, 9E or 9F

(1) An appeal under section 9A, 9E or 9F must be made before the end of
45the period of 21 days beginning with the date on which the relevant
document was served (referred to in this section and section 9H as “the
appeal period”).

(2) In subsection (1), “relevant document” means—

(a) in the case of an appeal under section 9A, the compliance notice;

(b) in the case of an appeal under section 9E, the notice under
subsection (8) of that section;

(c) 5in the case of an appeal under section 9F, the demand under that
section.

(3) A residential property tribunal may allow an appeal under section 9A,
9E or 9F to be made to it after the end of the appeal period if it is
satisfied that there is a good reason for the failure to appeal before the
10end of that period (and for any delay since then in applying for
permission to appeal out of time).

(4) An appeal under section 9A, 9E or 9F—

(a) is to be by way of a rehearing, but

(b) may be determined having regard to matters of which the local
15authority who made the decision were unaware.

(5) The tribunal may by order—

(a) on an appeal under section 9A, confirm, vary or quash the
compliance notice;

(b) on an appeal under section 9E, confirm, vary or reverse the
20decision of the local authority;

(c) on an appeal under section 9F, confirm, vary or quash the
demand.

9H When compliance notice or expenses demand becomes operative

(1) The time when a compliance notice under section 9A or a demand
25under section 9C or 9F becomes operative (if at all) is to be determined
in accordance with this section.

(2) Where no appeal under section 9A is brought within the appeal period
against the compliance notice, the notice and any demand under
section 9C which was served with it become operative at the end of that
30period.

(3) Where no appeal under section 9F is brought within the appeal period,
the demand under that section becomes operative at the end of that
period.

(4) Where an appeal under section 9A is brought, and a decision on the
35appeal confirms the compliance notice, the notice and any demand
under section 9C which was served with it become operative—

(a) where the period within which an appeal to the Upper Tribunal
may be brought expires without such an appeal having been
brought, at the end of that period;

(b) 40where an appeal to the Upper Tribunal is brought and a
decision on the appeal is given which confirms the notice, at the
time of the decision.

(5) Where an appeal under section 9F is brought, and a decision on the
appeal confirms the demand under that section, the demand becomes
45operative—

(a) where the period within which an appeal to the Upper Tribunal
may be brought expires without such an appeal having been
brought, at the end of that period;

(b) where an appeal to the Upper Tribunal is brought and a
5decision on the appeal is given which confirms the demand, at
the time of the decision.

(6) For the purposes of subsections (4) and (5)—

(a) the withdrawal of an appeal against a notice or demand has the
same effect as a decision confirming the notice or demand;

(b) 10references to a decision which confirms the notice or demand
are to a decision which confirms the notice or demand with or
without variation.

9I Recovery of expenses demanded under section 9C or 9F

(1) As from the time when a demand under section 9C or 9F becomes
15operative, the relevant expenses set out in the demand carry interest at
such rate as the local authority may fix until recovery of all sums due
under the demand; and the expenses and any interest are recoverable
by them as a debt.

(2) As from that time, the expenses and any interest are, until recovery, a
20charge on the land to which the compliance notice or emergency action
in question relates.

(3) The charge takes effect at that time as a legal charge which is a local
land charge.

(4) For the purpose of enforcing the charge the local authority have the
25same powers and remedies under the Law of Property Act 1925 and
otherwise as if they were mortgagees by deed having powers of sale
and lease, of accepting surrenders of leases and of appointing a
receiver.

(5) The power of appointing a receiver is exercisable at any time after the
30end of the period of one month beginning with the date on which the
charge takes effect.

(6) In this section, “relevant expenses”—

(a) in the case of a demand under section 9C, has the meaning
given by subsection (3) of that section;

(b) 35in the case of a demand under section 9F, has the meaning given
by subsection (6) of that section.”

7 Residential property tribunals: jurisdiction under the 1960 Act

(1) The Housing Act 2004 is amended as follows.

(2) In section 230 (powers and procedure of residential property tribunals) after
40subsection (5) insert—

“(5ZA) When exercising jurisdiction under the Caravan Sites and Control of
Development Act 1960, the directions which may be given by a tribunal
under its general power include (where appropriate) directions
requiring the payment of money by one party to the proceedings to
45another by way of compensation, damages or otherwise.”

(3) In Schedule 13 (residential property tribunals: procedure)—

(a) in paragraph 3(6), after “in this Act” insert “, the Caravan Sites and
Control of Development Act 1960”, and

(b) in paragraph 8(2), after “or any provision of” insert “the Caravan Sites
5and Control of Development Act 1960 or of”.

Management of sites

8 Requirement for manager of site to be fit and proper person

After section 12 of the Caravan Sites and Control of Development Act 1960
insert—

10“Requirement for manager of site to be fit and proper person

12A Requirement for fit and proper person

(1) The Secretary of State may by regulations provide that an occupier of
land in England may not cause or permit any part of the land to be used
as a relevant protected site unless (in addition to the occupier’s holding
15a site licence as mentioned in section 1) the local authority in whose
area the land is situated—

(a) are satisfied that the occupier is a fit and proper person to
manage the site or that a person appointed to do so by the
occupier is a fit and proper person to do so; or

(b) 20have, with the occupier’s consent, appointed a person to
manage the site.

(2) The regulations may provide that, where an occupier of land who holds
a site licence in respect of the land contravenes a requirement imposed
by virtue of subsection (1), the local authority in whose area the land is
25situated may apply to a residential property tribunal for an order
revoking the site licence in question.

(3) The regulations may create a summary offence relating to a
contravention of a requirement imposed by virtue of subsection (1).

(4) Regulations creating an offence by virtue of subsection (3) may provide
30that, where an occupier of land who holds a site licence in respect of the
land and who is convicted of the offence has been convicted on two or
more previous occasions of the offence in relation to the land, the court
before which the occupier is convicted may, on an application by the
local authority in whose area the land is situated, make an order
35revoking the occupier’s site licence on the day specified in the order.

12B Register of fit and proper persons

(1) The Secretary of State may by regulations require a local authority—

(a) to establish and keep up to date a register of persons who they
are satisfied are fit and proper persons to manage a relevant
40protected site in their area;

(b) to publish their up-to-date register in such manner as may be
prescribed.

(2) The regulations may make provision as to the period for which a
person’s inclusion in the register has effect; and the regulations may, in

particular, give a local authority power to decide the length of the
period.

12C Application for inclusion in register

(1) The Secretary of State may by regulations provide that, on an
5application by the occupier for the inclusion of the occupier or of a
person appointed by the occupier in a register established by virtue of
section 12A (a “registration application”), a local authority may—

(a) grant the application unconditionally,

(b) grant the application subject to conditions, or

(c) 10reject the application.

(2) The regulations may—

(a) make provision as to the matters to be included in a registration
application and the period within which it may be made;

(b) provide that the application must be accompanied by such fee
15as the local authority may fix;

(c) require the local authority to publish in such manner as may be
prescribed details of such fees as they fix from time to time by
virtue of paragraph (b).

(3) The regulations may—

(a) 20provide that the conditions which may be imposed by virtue of
subsection (1)(b) may include conditions requiring additional
payments to be made to the local authority by way of annual
fee, and

(b) give the local authority power to decide the amount and
25frequency of the payments.

(4) The regulations may require a local authority, in considering a
registration application, to have regard to such matters as may be
prescribed.

(5) The regulations may require a local authority, where they have made a
30preliminary decision on a registration application—

(a) to notify the occupier of the preliminary decision and the
reasons for it, and

(b) if the occupier makes representations within such period as
may be prescribed, to take the representations into account
35before making the final decision on the application.

(6) The regulations may require a local authority, where they have made a
final decision on a registration application—

(a) to decide when the decision is to take effect, and

(b) to notify the occupier of the final decision, the reasons for it,
40when it is to take effect and such right of appeal as may be
conferred by virtue of subsection (7).

(7) The regulations may—

(a) confer a right of appeal to a residential property tribunal against
a final decision on a registration application;

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

(8) The regulations may provide that a register established by virtue of the
regulations must—

(a) where a registration application is granted subject to conditions,
specify the conditions;

(b) 5where the application is rejected, include prescribed
information about the application.

(9) The regulations may create a summary offence relating to—

(a) the withholding of information from, or the inclusion of false or
misleading information in, a registration application;

(b) 10a failure to comply with a condition subject to which a
registration application is granted.

12D Removal from register, variation of conditions etc.

(1) The Secretary of State may by regulations provide that, where a person
is included in a register established by virtue of section 12B, the local
15authority may in such circumstances as may be prescribed—

(a) remove the person from the register;

(b) impose a condition on the inclusion of the person in the register
(whether or not there are conditions imposed by virtue of
section 12C);

(c) 20vary or remove a condition imposed by virtue of section 12C or
this section.

(2) The regulations may require a local authority, in considering whether
or how to exercise a power conferred by virtue of subsection (1), to have
regard to such matters as may be prescribed.

(3) 25The regulations may require the local authority, before exercising a
power conferred by virtue of subsection (1)—

(a) to notify the occupier of their proposal to do so and the reasons
for the proposal, and

(b) if the occupier makes representations within such period as
30may be prescribed, to take the representations into account
before exercising the power.

(4) The regulations may require a local authority, where they exercise a
power conferred by virtue of subsection (1), to notify the occupier of the
fact that they have done so, the reasons for doing so and such right of
35appeal as may be conferred by virtue of subsection (5).

(5) The regulations may—

(a) confer a right of appeal to a residential property tribunal against
the exercise of a power conferred by virtue of subsection (1);

(b) provide that no compensation may be claimed for loss suffered
40in consequence of the exercise of the power pending the
outcome of the appeal.

(6) The regulations may create a summary offence relating to a failure to
comply with a condition imposed by virtue of this section.

12E Regulations under sections 12A to 12D: supplementary provision

(1) 45Regulations under sections 12A to 12D creating a summary offence by
virtue of section 12A(3), 12C(9) or 12D(6) may not provide for the

offence to be punishable on conviction otherwise than by a fine not
exceeding such amount as may be prescribed.

(2) Regulations under sections 12A to 12D may—

(a) amend this Act;

(b) 5make incidental, supplementary, consequential, saving or
transitional provision;

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

(d) 10make different provision for different cases or descriptions of
case (including different provision for different areas).

(a)(a)amend this Act;

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

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

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

(3) 20Regulations under sections 12A to 12D must be made by statutory
instrument.

(4) A statutory instrument containing regulations under sections 12A to
12D may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.”

25Pitch agreements

9 Site rules

(1) After section 2B of the Mobile Homes Act 1983 insert—

“2C Site rules

(1) In the case of a protected site in England (other than a gypsy and
30traveller site) for which there are site rules, each of the rules is to be an
express term of each agreement to which this Act applies that relates to
a pitch on the site (including an agreement made before
commencement or one made before the making of the rules).

(2) The “site rules” for a protected site are rules made by the owner in
35accordance with such procedure as may be prescribed which relate to—

(a) the management and conduct of the site, or

(b) such other matters as may be prescribed.

(3) Any rules made by the owner before commencement which relate to a
matter mentioned in subsection (2) cease to have effect at the end of
40such period beginning with commencement as may be prescribed.

(4) Site rules come into force at the end of such period beginning with the
first consultation day as may be prescribed, if a copy of the rules is
deposited with the local authority before the end of that period.

(5) Where a site rule is varied, the rule as varied comes into force at the end
45of such period beginning with the first consultation day as may be
prescribed, if—

(a) the rule is varied in accordance with such procedure as may be
prescribed, and

(b) a copy of the rule as varied is deposited with the local authority
50before the end of that period.

(6) Where a site rule is deleted, the deletion comes into force at the end of
such period beginning with the first consultation day as may be
prescribed, if—

(a) the rule is deleted in accordance with such procedure as may be
5prescribed, and

(b) notice of the deletion is deposited with the local authority
before the end of that period.

(7) Regulations may provide that a site rule may not be made, varied or
deleted unless a proposal to make, vary or delete the rule is notified to
10the occupiers of the site in question in accordance with the regulations.

(8) Regulations may provide that site rules, or rules such as are mentioned
in subsection (3), are of no effect in so far as they make provision in
relation to prescribed matters.

(9) Regulations may make provision as to the resolution of disputes—

(a) 15relating to a proposal to make, vary or delete a site rule;

(b) as to whether the making, variation or deletion of a site rule was
in accordance with the applicable prescribed procedure;

(c) as to whether a deposit required to be made by virtue of
subsection (4), (5) or (6) was made before the end of the relevant
20period.

(10) Provision under subsection (9) may confer functions on a tribunal.

(11) Regulations may—

(a) require a local authority to establish and keep up to date a
register of site rules in respect of protected sites in its area;

(b) 25require a local authority to publish the up-to-date register;

(c) provide that any deposit required to be made by virtue of
subsection (4), (5) or (6) must be accompanied by a fee of such
amount as the local authority may determine.

2D Section 2C: supplementary provision

(1) 30This section applies for the purposes of section 2C.

(2) “Commencement” means the commencement of that section.

(3) “First consultation day” means the day on which a proposal made
under regulations under subsection (7) of that section is notified to the
occupiers of the site in accordance with the regulations.

(4) 35A reference to the local authority is a reference to the local authority in
whose area the protected site in question is situated.

(5) A reference to a gypsy and traveller site is a reference to a county
council gypsy and traveller site or a local authority gypsy and traveller
site (each of which has the meaning given by paragraph 1(4) of Chapter
401 of Part 1 of Schedule 1).

(6) “Prescribed” means prescribed in regulations; and the power to make
regulations is exercisable by the Secretary of State.

(7) The regulations must be made by statutory instrument and may—

(a) make different provision for different cases or descriptions of
45case, including different provision for different areas;

(b) contain incidental, supplementary, transitional or saving
provisions.

(8) The regulations are subject to annulment in pursuance of a resolution
of either House of Parliament.”

(2) 5In section 1(2)(c) of the Mobile Homes Act 1983 (requirement for proposed
express terms to be set out in written statement), after “to be contained in the
agreement” insert “(including any site rules (see section 2C))”.

(3) In section 1(5) of that Act (enforcement of express terms), after “any express
term” insert “other than a site rule (see section 2C)”.

(4) 10In section 2(3) of that Act (application to tribunal to vary express term etc.)—

(a) in paragraph (a), after “any express term of the agreement” insert
“other than a site rule (see section 2C)”, and

(b) in paragraph (b), after “any express term to which section 1(6) above
applies” insert “other than a site rule (see section 2C)”.

10 15Implied terms: removal of requirement for site owner consent to sale or gift

(1) The Mobile Homes Act 1983 is amended as follows.

(2) In Chapter 2 of Part 1 of Schedule 1 (implied terms in pitch agreements except
those relating to pitches in England on certain gypsy and traveller sites), before
paragraph 8 but after the cross-heading above it (sale of mobile home) insert—

“7A (1) 20This paragraph and paragraph 7B apply in relation to a protected site
in England.

(2) Where the agreement is a new agreement, the occupier is entitled to
sell the mobile home and to assign the agreement to the person to
whom the mobile home is sold (referred to in this paragraph as the
25“new occupier”) without the approval of the owner.

(3) In this paragraph and paragraph 7B, “new agreement” means an
agreement—

(a) which was made after the commencement of this paragraph,
or

(b) 30which was made before, but which has been assigned after,
that commencement.

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

(5) 35The new occupier is required to pay the owner a commission on the
sale of the mobile home at a rate not exceeding such rate as may be
prescribed by regulations made by the Secretary of State.

(6) Except to the extent mentioned in sub-paragraph (5), the owner may
not require any payment to be made (whether to the owner or
40otherwise) in connection with the sale of the mobile home and the
assignment of the agreement to the new occupier.

(7) 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—