Mobile Homes Bill (HL Bill 66)

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, subject
to subsection (8), an application for a site licence authorising the
use of land as a caravan site other than an application for a
licence—

(a) 15to be expressed to be granted for holiday use only, or

(b) to 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;

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

(8) For the purpose of determining whether an application for a site
licence is a relevant protected site application, any part of the
25application which is for the licence to permit the stationing of a

caravan on the land for human habitation all year round is to be
ignored if, were the application to be granted, the caravan
would be so authorised to be occupied by—

(a) the occupier, or

(b) 5a person employed by the occupier but who does not
occupy the caravan under an agreement to which the
Mobile Homes Act 1983 applies (see section 1(1) of that
Act).”

(3) After section 5 insert—

“5A 10Relevant 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
pay an annual fee fixed by the local authority.

(2) When requiring a licence holder to pay an annual fee under this section,
15a 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
surpluses in the accounts for the annual fee for previous years).

(3) Where an annual fee due to a local authority under this section has
20become 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
the order may make provision about the manner in which the payment
is to be made.

(4) 25Where 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
apply to a residential property tribunal for an order revoking the site
licence.

(5) 30In 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
Country Planning Act 1990 or the site licence is, subject to subsection
(6)—

(a) 35expressed to be granted for holiday use only, or

(b) 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.

(6) For the purpose of determining whether land is a relevant protected
40site, any provision of the relevant planning permission or of the site
licence which permits the stationing of a caravan on the land for human
habitation all year round is to be ignored if the caravan is so authorised
to be occupied by—

(a) the occupier, or

(b) 45a person employed by the occupier but who does not occupy
the caravan under an agreement to which the Mobile Homes
Act 1983 applies (see section 1(1) of that Act).”

(4) In 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
5accompanied 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) 10After 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
15fees 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) 20may 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) 25any 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) 30The 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);

• 35“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) 40In 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
conditions to be altered);

(b) section 10(1A) of that Act (fee for application for consent to
5transfer 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
(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
10considering whether to grant a relevant protected site application) or shall (in
any other case)”.

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

“(5A) The Secretary of State may by regulations require a local authority in
England to have regard to the prescribed matters when deciding
15whether 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
decide 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
20appeal 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
residential property tribunal against a decision of a local
authority in England not to issue a site licence as mentioned in
25subsection (5B);

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

(5D) Regulations under this section—

(a) 30may make incidental, supplementary, consequential, saving or
transitional provision;

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

(c) 35may 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) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
40Parliament.”

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

“(1B) The Secretary of State may by regulations provide that a person
applying to a local authority in England for consent to the transfer of a
45site 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) The regulations may require a local authority in England to have regard
to the prescribed matters when deciding whether to give their consent
5to 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
decide 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
10of 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
residential property tribunal against a decision of a local
authority in England not to give their consent to the transfer of
15a 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
appeal.

(1F) Subsections (5D) to (5F) of section 3 apply in relation to regulations
20under 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 “,
other than one issued by a local authority in England in respect of a relevant
protected site in their area,”.

3 25Site licence conditions: appeals

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

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

(a) 30in 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) after that subsection insert—

“(1A) In a case where a residential property tribunal varies or cancels
35a 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
licences)—

(a) in subsection (2), for “; and the court” substitute “or, in a case relating
40to 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
magistrates’ 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”
5insert “, 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
10occupier 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
15comply 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,
20and

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

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

(4) 25A local authority may—

(a) revoke a compliance notice;

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

(5) The power to revoke or vary a compliance notice is exercisable by the
30local authority—

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

(b) on the authority’s own initiative.

(6) Where a local authority revoke or vary a compliance notice, they must
35notify 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
at the time when it is made.

(8) Where a compliance notice is varied—

(a) 40if 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
9H;

(b) if the notice has become operative when the variation is made,
45the 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
which has become operative (see section 9H) commits an offence if the
occupier fails to take the steps specified in the notice under section
59A(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) In proceedings against an occupier of land for an offence under
subsection (1), it is a defence that the occupier had a reasonable excuse
10for failing to take the steps referred to in subsection (1) within the
period referred to in that subsection.

(4) Subsection (5) applies where—

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

(b) 15the 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
section, in relation to the site licence to which the conviction
mentioned in paragraph (a) relates.

(5) 20On 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) An order under subsection (5) must not specify a date which is before
25the 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)
is made by the occupier of the land before the date specified in an order
30under 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
who issued the site licence, the court which made the order under
35subsection (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
satisfied that adequate notice of the application has been given to the
40occupier 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
recovering expenses incurred by them—

(a) 45in 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
of 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) 5the total expenses the local authority seek to recover under
subsection (1) (“relevant expenses”),

(b) a 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) 10Where a tribunal allows an appeal under section 9A against the
compliance notice with which a demand was served, it may make such
order as it considers appropriate—

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

(b) 15varying the demand as appropriate in consequence.”

5 Powers for local authority to carry out works

(1) After 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) 20Where an occupier of land is convicted of an offence under section
9B(1) (failure to take steps required by a compliance notice), the local
authority 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) 25take such further action as the authority consider appropriate
for ensuring that the condition specified in the compliance
notice 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) 30identifies the land and the compliance notice to which it relates,

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

(c) describes 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
35name of that person, and

(e) sets out the dates and times on which it is intended that the
action 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)40identifies the land and the compliance notice to which it relates,

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

(c) describes 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
45name of that person, and

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

(3) 50The 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
land 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
5526(1) to an authorised officer of the local authority is to be read as
including that person.

(5) The 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 5Power to take emergency action

(1) A 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
10condition for the time being attached to the site licence, and

(b) as 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
15this section as “emergency action”) is such action as appears to the
authority 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) 20identifies the land to which it relates,

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

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

(d) if the person whom the authority propose to authorise to take
25the action on their behalf is not an officer of theirs, states the
name of that person, and

(e) specifies the powers under this section and 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
30to be refused, the authority would propose to apply for a warrant under
section 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) 35In a case where the local authority authorise a person other than an
officer 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
40if—

(a) the 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
45on the occupier of the land a notice which—

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