Textual Amendments
F1Sch. 1 Pt. 3 inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(5), 270(3)(a) (with s. 207(6)(7))
F2Sch. 1 Pt. 3 omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(10) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)
Textual Amendments
F3Sch. 1 Pt. 3 para. A1 and cross-heading inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(4), 15(3) (with savings in S.I. 2013/1168, reg. 2)
A1(1)This paragraph applies where the occupier proposes to sell the mobile home, and assign the agreement, pursuant to paragraph 7A or 7B of Chapter 2 of Part 1.E+W
(2)The occupier must, not later than 28 days before the completion of the sale of the mobile home and assignment of the agreement, provide the proposed occupier with—
(a)such documents, or documents of such description, as may be prescribed in regulations made by the Secretary of State, and
(b)such other information as may be so prescribed, in the form so prescribed.
(3)But if the proposed occupier consents in writing to the documents and other information concerned being provided by a date (“the chosen date”) which is less than 28 days before the completion of the sale and assignment of the agreement, the occupier must provide the documents and other information to the proposed occupier not later than the chosen date.
(4)The documents and other information which may be prescribed in regulations under sub-paragraph (2) include in particular—
(a)a copy of the agreement;
(b)a copy of the site rules (within the meaning given by section 2C) (if any) for the protected site on which the mobile home is stationed;
(c)details of the pitch fee payable under the agreement;
(d)a forwarding address for the occupier;
(e)in a case within paragraph 7A, information about the requirement imposed by virtue of sub-paragraph (4) of that paragraph (obligation to notify owner of completion of sale and assignment);
(f)details of the commission which would be payable by the proposed occupier by virtue of paragraph 7A(5) or 7B(8);
(g)information about such requirements as are prescribed in regulations under paragraph 7A(7) or 7B(10).
(5)Documents or other information required to be provided under this paragraph may be either delivered to the prospective purchaser personally or sent by post.
(6)A claim that a person has broken the duty under sub-paragraph (2) or (3) may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.
(7)Regulations under sub-paragraph (2) must be made by statutory instrument and may—
(a)make different provision for different cases or descriptions of case, including different provision for different areas;
(b)contain incidental, supplementary, transitional or saving provisions.
(8)The first regulations to be made under sub-paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament
(9)But regulations made under any other provision of this Act which are subject to annulment in pursuance of a resolution of either House of Parliament may also contain regulations made under sub-paragraph (2).
(10)In sub-paragraph (4)(c), “pitch fee” has the same meaning as in Chapter 2 of Part 1 of this Schedule (see paragraph 29 of that Chapter).]
Textual Amendments
F4Words in Sch. 1 Pt. 3 para. 1 heading inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 2 para. 1(4)(a) (with art. 1(3))
1(1) This paragraph applies to—E+W
(a)a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) [F5of Chapter 2] of Part 1 (see paragraph 8(1A)), or
(b)a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) [F6of Chapter 2] of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)).
(2)If a person (“the recipient”) receives such a request and he—
(a)though not the owner, has an estate or interest in the protected site, and
(b)believes that another person is the owner (and that the other person has not received such a request),
the recipient owes a duty to the occupier to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient receives it.
(3)In paragraph 8(1B) [F7of Chapter 2] of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.
Textual Amendments
F5Words in Sch. 1 Pt. 3 para. 1(1)(a) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 2 para. 1(4)(b) (with art. 1(3))
F6Words in Sch. 1 Pt. 3 para. 1(1)(b) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 2 para. 1(4)(c) (with art. 1(3))
F7Words in Sch. 1 Pt. 3 para. 1(3) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 2 para. 1(4)(d) (with art. 1(3))
2(1)A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.E+W
(2)The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 [F8of Chapter 2] of Part 1 of this Schedule, against a person bound by that term.]]
Textual Amendments
F8Words in Sch. 1 Pt. 3 para. 2(2) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 2 para. 1(4)(e) (with art. 1(3))