Mobile Homes Act 1983

[F4 19 [F5 (1)] When determining the amount of the new pitch fee, any costs incurred by the owner in connection with expanding the protected site shall not be taken into account. E+W

[F6 (2) F7 ... When determining the amount of the new pitch fee, no regard may be had to any costs incurred by the owner in relation to the conduct of proceedings under this Act or the agreement.]

[F8 (3) [F9 When] 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 transfer site licence).]

[F10 (4) [F9 When] determining the amount of the new pitch fee, no regard may be had to any costs incurred 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 that Act (failure to comply with compliance notice).]]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F4 Sch. 1 Pt. 1 paras. 10-29 and cross-headings substituted for Sch. 1 Pt. 1 para. 10 and cross-heading (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(6) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(6) (with arts. 1(2)(3), 4)

F5 Sch. 1 Pt. 1 Ch. 2 para. 19 renumbered as Sch. 1 Pt. 1 Ch. 2 para. 19(1) (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(7)(k)(i)

F6 Sch. 1 Pt. I Ch. 2 para. 19(2) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(7)(k)(ii)

F7 Words in Sch. 1 Pt. I Ch. 2 para. 19(2) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(l) (with art. 5)

F8 Sch. 1 Pt. I Ch. 2 para. 19(3) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 1(8), 15(1)

F9 Word in Sch. 1 Pt. I Ch. 2 paras. 19(3)(4) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F10 Sch. 1 Pt. I Ch. 2 para. 19(4) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(4), 15(3) (with s. 11(7))

[F11 19 (1) The pitch fee may be reviewed at a date after the review date if the owner serves on the occupier a written notice setting out the owner’s proposals in respect of a new pitch fee. S

(2) If at any time the occupier agrees to the proposed pitch fee, it shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (1).

(3) If the occupier does not agree to the proposed pitch fee the owner or the occupier may apply to the court for an order determining the amount of the new pitch fee.

(4) An application under sub-paragraph (3) may be made at any time after the end of the period of 56 days beginning with the date on which the owner serves the notice under sub-paragraph (1).]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F11 Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)