This is the original version (as it was originally enacted).
44(1)The owner is entitled to require that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site or a pitch forming part of another protected site (“the other pitch”) if—
(a)on the application of the owner, a tribunal is satisfied that the other pitch is broadly comparable to the occupier’s original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period, or
(b)the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier’s original pitch.
(2)A pitch forming part of another protected site is, for the purposes of sub-paragraph (1)(a), broadly comparable to the occupier’s original pitch only if it provides access to health and education services required by the occupier which is, as far as reasonably practicable, broadly comparable to the access provided by the occupier’s original pitch.
(3)If the owner requires the occupier to station the mobile home on the other pitch so that the owner can replace, or carry out repairs to, the base on which the mobile home is stationed, the owner must, if the occupier requires the owner to do so or a tribunal on the application of the occupier orders the owner to do so, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs.
(4)The owner must pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch.
(5)In this paragraph and in paragraph 46 “essential repair or emergency works” means—
(a)repairs to the base on which the mobile home is stationed,
(b)repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses,
(c)works or repairs needed to comply with any relevant legal requirements, or
(d)works or repairs in connection with restoration following flood, landslide or other natural disaster.
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Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.
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