The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011

2.  After the heading “Terms implied by Act” insert—

“CHAPTER 1 Application and interpretation

1.— (1) The implied terms set out in Chapter 2 apply to all agreements which relate to a pitch in England and Wales except an agreement which relates to a pitch in England on a local authority gypsy and traveller site or a county council gypsy and traveller site.

(2) The implied terms set out in Chapter 3 apply to an agreement which relates to a transit pitch in England on a local authority gypsy and traveller site or a county council gypsy and traveller site.

(3) The implied terms set out in Chapter 4 apply to an agreement which relates to a permanent pitch in England on a local authority gypsy and traveller site or a county council gypsy and traveller site.

(4) In this Part of this Schedule—

“caravan site” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960,

“county council gypsy and traveller site” means any land which—

(a)

is occupied by a county council as a caravan site providing accommodation for gypsies and travellers, and

(b)

is a protected site,

“gypsies and travellers” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showpeople, or persons engaged in travelling circuses, travelling together as such,

“local authority gypsy and traveller site” means any land which—

(a)

is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers, and

(b)

is a protected site,

“permanent pitch” means a pitch which is not a transit pitch,

“pitch” means the land, forming part of a protected site and including any garden area, on which an occupier is entitled to station a mobile home under the terms of the agreement, and

“transit pitch” means a pitch on which a person is entitled to station a mobile home under the terms of the agreement for a fixed period of up to 3 months.

CHAPTER 2

Agreements relating to pitches in England and Wales except pitches in England on local authority gypsy and traveller sites and county council gypsy and traveller sites”