Mobile Homes Bill (HC Bill 97)

(a) the sale of the mobile home and assignment of the agreement;

(b) the payment of commission by virtue of sub-paragraph (5).

7B (1) Where the agreement is not a new agreement, the occupier is entitled
to sell the mobile home and assign the agreement without the
5approval of the owner if—

(a) the occupier serves on the owner a notice (a “notice of
proposed sale”) that the occupier proposes to sell the mobile
home, and assign the agreement, to the person named in the
notice (the “proposed occupier”), and

(b) 10the first or second condition is satisfied.

(2) The first condition is that, within the period of 21 days beginning
with the date on which the owner received the notice of proposed
sale (“the 21-day period”), the occupier does not receive a notice from
the owner that the owner has applied to a tribunal for an order
15preventing the occupier from selling the mobile home, and assigning
the agreement, to the proposed occupier (a “refusal order”).

(3) The second condition is that—

(a) within the 21-day period—

(i) the owner applies to a tribunal for a refusal order, and

(ii) 20the occupier receives a notice of the application from
the owner, and

(b) the tribunal rejects the application.

(4) If the owner applies to a tribunal for a refusal order within the 21-day
period but the occupier does not receive notice of the application
25from the owner within that period—

(a) the application is to be treated as not having been made, and

(b) the first condition is accordingly to be treated as satisfied.

(5) A notice of proposed sale must include such information as may be
prescribed in regulations made by the Secretary of State.

(6) 30A notice of proposed sale or notice of an application for a refusal
order—

(a) must be in writing, and

(b) may be served by post.

(7) An application for a refusal order may be made only on one or more
35of the grounds prescribed in regulations made by the Secretary of
State; and a notice of an application for a refusal order must specify
the ground or grounds on which the application is made.

(8) The person to whom the mobile home is sold (“the new occupier”) is
required to pay the owner a commission on the sale of the mobile
40home at a rate not exceeding such rate as may be prescribed by
regulations made by the Secretary of State.

(9) Except to the extent mentioned in sub-paragraph (8), the owner may
not require any payment to be made (whether to the owner or
otherwise) in connection with the sale of the mobile home and the
45assignment of the agreement.

(10) The Secretary of State may by regulations prescribe procedural
requirements to be complied with by the owner, the occupier, a
proposed occupier or the new occupier in connection with—

(a) the sale of the mobile home and assignment of the agreement;

(b) 5the payment of commission by virtue of sub-paragraph (8).

7C (1) Regulations under paragraph 7A or 7B must be made by statutory
instrument and may—

(a) make different provision for different cases or descriptions of
case, including different provision for different areas or for
10sales at different prices;

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

(2) Regulations under paragraph 7A or 7B are subject to annulment in
pursuance of a resolution of either House of Parliament.”

(3) 15In that Chapter, in paragraph 8, before sub-paragraph (1) insert—

“(A1) This paragraph applies in relation to a protected site in Wales.”

(4) In Part 3 of Schedule 1 (supplementary provisions), before paragraph 1 and the
cross-heading above it, insert—

“Sale pursuant to paragraph 7A or 7B of Chapter 2 of Part 1: provision of information

A1 (1) 20This paragraph applies where the occupier proposes to sell the
mobile home, and assign the agreement, pursuant to paragraph 7A
or 7B of Chapter 2 of Part 1.

(2) The occupier must, not later than 28 days before the completion of
the sale of the mobile home and assignment of the agreement,
25provide the proposed occupier with—

(a) such documents, or documents of such description, as may
be prescribed in regulations made by the Secretary of State,
and

(b) such other information as may be so prescribed, in the form
30so prescribed.

(3) But if the proposed occupier consents in writing to the documents
and other information concerned being provided by a date (“the
chosen date”) which is less than 28 days before the completion of the
sale and assignment of the agreement, the occupier must provide the
35documents and other information to the proposed occupier not later
than the chosen date.

(4) The documents and other information which may be prescribed in
regulations under sub-paragraph (2) include in particular—

(a) a copy of the agreement;

(b) 40a copy of the site rules (within the meaning given by section
2C) (if any) for the protected site on which the mobile home
is stationed;

(c) details of the pitch fee payable under the agreement;

(d) a forwarding address for the occupier;

(e) 45in a case within paragraph 7A, information about the
requirement imposed by virtue of sub-paragraph (4) of that

paragraph (obligation to notify owner of completion of sale
and assignment);

(f) details of the commission which would be payable by the
proposed occupier by virtue of paragraph 7A(5) or 7B(8);

(g) 5information about such requirements as are prescribed in
regulations under paragraph 7A(7) or 7B(10).

(5) Documents or other information required to be provided under this
paragraph may be either delivered to the prospective purchaser
personally or sent by post.

(6) 10A claim that a person has broken the duty under sub-paragraph (2)
or (3) may be made the subject of civil proceedings in like manner as
any other claim in tort for breach of statutory duty.

(7) Regulations under sub-paragraph (2) must be made by statutory
instrument and may—

(a) 15make different provision for different cases or descriptions of
case, including different provision for different areas;

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

(8) The first regulations to be made under sub-paragraph (2) are subject
20to annulment in pursuance of a resolution of either House of
Parliament

(9) But regulations made under any other provision of this Act which
are subject to annulment in pursuance of a resolution of either House
of Parliament may also contain regulations made under sub-
25paragraph (2).

(10) In sub-paragraph (4)(c), “pitch fee” has the same meaning as in
Chapter 2 of Part 1 of this Schedule (see paragraph 29 of that
Chapter).”

(5) In Chapter 2 of Part 1 of Schedule 1, before paragraph 9 but after the cross-
30heading above it (gift of mobile home) insert—

“8A (1) This paragraph and paragraph 8B apply in relation to a protected site
in England.

(2) Where the agreement is a new agreement (as defined by paragraph
7A(3)), provided that the occupier has supplied the owner with the
35relevant 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) 40evidence, 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
45a 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
5owner 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
10new occupier in connection with the gift of the mobile home, and
assignment of the agreement, as mentioned in sub-paragraph (2).

8B (1) Where the agreement is not a new agreement (as defined by
paragraph 7A(3)), the occupier is entitled to give the mobile home,
and assign the agreement, to a member of the occupier’s family
15(referred to in this paragraph as the “proposed occupier”) without
the approval of the owner if—

(a) the occupier serves on the owner a notice (a “notice of
proposed gift”) that the occupier proposes to give the mobile
home to the proposed occupier, and

(b) 20the first or second condition is satisfied.

(2) The first condition is that, within the period of 21 days beginning
with the date on which the owner received the notice of proposed
gift (“the 21-day period”), the occupier does not receive a notice from
the owner that the owner has applied to a tribunal for an order
25preventing the occupier from giving the mobile home, and assigning
the agreement, to the proposed occupier (a “refusal order”).

(3) The second condition is that—

(a) within the 21-day period—

(i) the owner applies to a tribunal for a refusal order, and

(ii) 30the occupier receives a notice of the application from
the owner, and

(b) the tribunal rejects the application.

(4) If the owner applies to a tribunal for a refusal order within the 21-day
period but the occupier does not receive notice of the application
35from the owner within that period—

(a) the application is to be treated as not having been made, and

(b) the first condition is accordingly to be treated as satisfied.

(5) A notice of proposed gift must include—

(a) the relevant evidence (as defined by paragraph 8A(3)), and

(b) 40such other information as may be prescribed in regulations
made by the Secretary of State.

(6) A notice of proposed gift or notice of an application for a refusal
order—

(a) must be in writing, and

(b) 45may be served by post.

(7) An application for a refusal order may be made only on one or more
of the grounds prescribed in regulations made by the Secretary of

State; and a notice of an application for a refusal order must specify
the ground or grounds on which the application is made.

(8) 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,
5and the assignment of the agreement, as mentioned in sub-
paragraph (1).

(9) The Secretary of State may by regulations prescribe procedural
requirements to be complied with by the owner, the occupier, a
proposed occupier or the person to whom the mobile home is given
10in connection with the gift of the mobile home, and assignment of the
agreement, as mentioned in sub-paragraph (1).

8C (1) Regulations under paragraph 8A or 8B must be made by statutory
instrument and may—

(a) make different provision for different cases or descriptions of
15case, including different provision for different areas;

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

(2) Regulations under paragraph 8A or 8B are subject to annulment in
pursuance of a resolution of either House of Parliament.”

(6) 20In that Chapter, in paragraph 9, before sub-paragraph (1) insert—

“(A1) This paragraph applies in relation to a protected site in Wales.”

(7) In section 3 (successors in title), in subsection (4)(b), for “or 9” substitute “, 8A,
8B or 9”.

11 Implied terms: pitch fees

(1) 25Chapter 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) is amended as follows.

(2) In paragraph 17 (review of pitch fee)—

(a) after sub-paragraph (2) insert—

“(2A) 30In the case of a protected site in England, a notice under sub-
paragraph (2) which proposes an increase in the pitch fee is
of no effect unless it is accompanied by a document which
complies with paragraph 25A.”,

(b) in sub-paragraph (4)(a), after “the owner” insert “or (in the case of a
35protected site in England) the occupier”,

(c) after sub-paragraph (6) insert—

“(6A) In the case of a protected site in England, a notice under sub-
paragraph (6)(b) which proposes an increase in the pitch fee
is of no effect unless it is accompanied by a document which
40complies with paragraph 25A.”,

(d) in sub-paragraph (8)(a), after “the owner” insert “or (in the case of a
protected site in England) the occupier”, and

(e) after sub-paragraph (10) insert—

“(11) Sub-paragraph (12) applies if a tribunal, on the application of
the occupier of a pitch in England, is satisfied that—

(a) a notice under sub-paragraph (2) or (6)(b) was of no
5effect as a result of sub-paragraph (2A) or (6A), but

(b) the occupier nonetheless paid the owner the pitch fee
proposed in the notice.

(12) The tribunal may order the owner to pay the occupier, within
the period of 21 days beginning with the date of the order, the
10difference between—

(a) the amount which the occupier was required to pay
the owner for the period in question, and

(b) the amount which the occupier has paid the owner for
that period.”

(3) 15In paragraph 18 (matters to which to have particular regard when determining
new pitch fee)—

(a) in sub-paragraph (1), after paragraph (a) insert—

“(aa) in the case of a protected site in England, any
deterioration in the condition, and any decrease in the
20amenity, of the site or any adjoining land which is
occupied or controlled by the owner since the date on
which this paragraph came into force (in so far as
regard has not previously been had to that
deterioration or decrease for the purposes of this sub-
25paragraph);

(ab) in the case of a protected site in England, any
reduction in the services that the owner supplies to
the site, pitch or mobile home, and any deterioration
in the quality of those services, since the date on
30which this paragraph came into force (in so far as
regard has not previously been had to that reduction
or deterioration for the purposes of this sub-
paragraph);”,

(b) in that sub-paragraph, at the beginning of paragraph (b) insert “in the
35case of a protected site in Wales,”,

(c) in that sub-paragraph, omit the “and” following paragraph (b),

(d) in that sub-paragraph, after paragraph (b) insert—

“(ba) in the case of a protected site in England, any direct
effect on the costs payable by the owner in relation to
40the maintenance or management of the site of an
enactment which has come into force since the last
review date; and”,

(e) in that sub-paragraph, at the beginning of paragraph (c) insert “in the
case of a protected site in Wales,”, and

(f) 45after that sub-paragraph insert—

“(1A) But, in the case of a pitch in England, no regard shall be had,
when determining the amount of the new pitch fee, to any
costs incurred by the owner since the last review date for the
purpose of compliance with the amendments made to this
50Act by the Mobile Homes Act 2013.”

(4) In paragraph 19 (certain costs of owner to be disregarded when determining
new pitch fee), after sub-paragraph (3) (inserted by section 1(8)) insert—

“(4) In the case of a protected site in England, when determining the
amount of the new pitch fee, no regard may be had to any costs
5incurred by the owner in connection with—

(a) any action taken by a local authority under sections 9A to 9I
of the Caravan Sites and Control of Development Act 1960
(breach of licence condition, emergency action etc.);

(b) the owner being convicted of an offence under section 9B of
10that Act (failure to comply with compliance notice).”

(5) In paragraph 20 (effect of changes in RPI on amount of pitch fee)—

(a) before sub-paragraph (1) insert—

“(A1) In the case of a protected site in England, unless this would
be unreasonable having regard to paragraph 18(1), there is a
15presumption that the pitch fee shall increase or decrease by a
percentage which is no more than any percentage increase or
decrease in the retail prices index calculated by reference
only to—

(a) the latest index, and

(b) 20the index published for the month which was 12
months before that to which the latest index relates.

(A2) In sub-paragraph (A1), “the latest index”—

(a) in a case where the owner serves a notice under
paragraph 17(2), means the last index published
25before the day on which that notice is served;

(b) in a case where the owner serves a notice under
paragraph 17(6), means the last index published
before the day by which the owner was required to
serve a notice under paragraph 17(2).”, and

(b) 30in sub-paragraph (1), at the beginning insert “In the case of a protected
site in Wales,”.

(6) After paragraph 25 insert—

“25A (1) The document referred to in paragraph 17(2A) and (6A) must—

(a) be in such form as the Secretary of State may by regulations
35prescribe,

(b) specify any percentage increase or decrease in the retail
prices index calculated in accordance with paragraph 20(A1),

(c) explain the effect of paragraph 17,

(d) specify the matters to which the amount proposed for the
40new pitch fee is attributable,

(e) refer to the occupier’s obligations in paragraph 21(c) to (e)
and the owner’s obligations in paragraph 22(c) and (d), and

(f) refer to the owner’s obligations in paragraph 22(e) and (f) (as
glossed by paragraphs 24 and 25).

(2) 45Regulations under this paragraph must be made by statutory
instrument.

(3) The first regulations to be made under this paragraph are subject to
annulment in pursuance of a resolution of either House of
Parliament.

(4) But regulations made under any other provision of this Act which
5are subject to annulment in pursuance of a resolution of either House
of Parliament may also contain regulations made under this
paragraph.”

(7) The amendments made by this section apply in relation to an agreement to
which the Mobile Homes Act 1983 applies that was made before the
10commencement of this section, as well as in relation to one made on or after
that commencement.

Offences

12 Protection against eviction and harassment, false information etc.

(1) Section 3 of the Caravan Sites Act 1968 (the heading to which becomes
15“Protection of occupiers against eviction and harassment, false information
etc.”) is amended as follows.

(2) In subsection (1)(c), before “persistently withdraws or withholds” insert
“withdraws or withholds or, if the site concerned is in Wales,”.

(3) In subsection (1A)(b), before “persistently withdraws or withholds” insert
20“withdraws or withholds or, if the site concerned is in Wales,”.

(4) After subsection (1A) insert—

“(1AA) The owner of a protected site in England or the owner’s agent is guilty
of an offence under this section if, during the subsistence of a
residential contract, the owner or (as the case may be) agent—

(a) 25knowingly or recklessly provides information or makes a
representation which is false or misleading in a material respect
to any person, and

(b) knows, or has reasonable cause to believe, that doing so is likely
to cause—

(i) 30the occupier to do any of the things mentioned in
subsection (1)(c)(i) or (ii), or

(ii) a person who is considering whether to purchase or
occupy the caravan to which the residential contract
relates to decide not to do so.”

(5) 35In subsection (1B), for “subsection (1A)” substitute “subsections (1A) and
(1AA)”.

13 Increase in penalties for certain offences under the 1960 Act

(1) In section 1(2) of the Caravan Sites and Control of Development Act 1960
(prohibition of use of land as caravan site without site licence), after “summary
40conviction” insert “—

(2)(a)where the land in question is in England, to a fine not exceeding
level 5 on the standard scale;

(b) where the land in question is in Wales,”.

(2) In section 26(5) of that Act (obstruction of person exercising power of entry),
after “summary conviction” insert “—

(a) where the wilful obstruction occurs in relation to land in
England, to a fine not exceeding level 4 on the standard scale;

(b) 5where the wilful obstruction occurs in relation to land in
Wales,”.

14 Offences by bodies corporate under the 1960 Act

After section 26 of the Caravan Sites and Control of Development Act 1960
insert—

“26A 10Liability of officers of bodies corporate

(1) This section applies to an offence under this Act committed in relation
to land in England.

(2)
Where a body corporate commits an offence to which this section
applies and it is proved that—

(a) 15the offence was committed with the consent or connivance of an
officer of the body corporate, or

(b) the offence was attributable to neglect on the part of an officer
of the body corporate,

the officer, as well as the body corporate, is guilty of the offence and is
20liable to be proceeded against and punished accordingly.

(3) In subsection (2), “officer” means—

(a) a director, manager, secretary or similar officer of the body
corporate,

(b) in the case of a body corporate whose affairs are managed by its
25members, a member of the body corporate, or

(c) a person purporting to act in a capacity mentioned in paragraph
(a) or (b).”

Final provisions

15 Commencement, transitional etc. provision, extent and short title

(1) 30The preceding provisions of this Act come into force on such day as the
Secretary of State may by order made by statutory instrument appoint.

(2) An order under subsection (1) may appoint different days for different
purposes.

(3) The Secretary of State may by order made by statutory instrument make
35transitional, transitory or saving provision in connection with the coming into
force of any provision of this Act.

(4) This Act extends to England and Wales only.

(5) This Act may be cited as the Mobile Homes Act 2013.