This is the original version (as it was originally enacted).
48(1)When determining the amount of the new pitch fee particular regard is to be had to—
(a)any sums expended by the owner since the last review date on improvements—
(i)which are for the benefit of the occupiers of mobile homes on the protected site,
(ii)which were the subject of consultation in accordance with paragraph 52(1)(f) and (g), and
(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, a tribunal, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee,
(b)any decrease in the amenity of the protected site since the last review date, and
(c)the effect of any enactment which has come into force since the last review date.
(2)When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only 1 occupier and, in the event of there being more than 1 occupier of a mobile home, its occupier is to be taken to be whichever the occupiers agree or, in default of agreement, the occupier whose name first appears on the agreement.
(3)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.
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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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