SCHEDULE 1 Agreements Under Act
Part I Terms Implied by Act
F1CHAPTER 2Agreements relating to pitches F2... except pitches F3... on local authority gypsy and traveller sites and county council gypsy and traveller sites
F4Qualifying residents' association
28
(1)
A residents' association is a qualifying residents' association in relation to a protected site if—
(a)
it is an association representing the occupiers of mobile homes on that site;
(b)
at least 50 per cent. of the occupiers of the mobile homes on that site are members of the association;
(c)
it is independent from the owner, who together with any agent or employee of his is excluded from membership;
(d)
subject to paragraph(c) above, membership is open to all occupiers who own a mobile home on that site;
(e)
it maintains a list of members which is open to public inspection together with the rules and constitution of the residents' association;
(f)
it has a chairman, secretary and treasurer who are elected by and from among the members;
(g)
with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each mobile home; and
(h)
the owner has acknowledged in writing to the secretary that the association is a qualifying residents' association, or, in default of this, the F5appropriate judicial body has so ordered.
(2)
When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) above, each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.
F628
For the purposes of paragraph 25(f), to “consult a qualifying residents’ association” means—
(a)
to give the association at least 28 clear days’ notice in writing of—
(i)
the matters mentioned in paragraph 25(f) and how they may affect the occupiers either directly or indirectly in the long and short term; and
(ii)
when and where the association can make representations about the matters; and
(b)
to take into account any representations made by the association, in accordance with paragraph (a)(ii), before proceeding with the matters.