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The Housing and Regeneration Act 2008 (Commencement No. 3 and Transitional, Transitory and Saving Provisions) (Wales) Order 2013

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Title and interpretation

1.—(1) The title of this Order is the Housing and Regeneration Act 2008 (Commencement No. 3 and Transitional, Transitory and Saving Provisions) (Wales) Order 2013.

(2) In this Order—

“the 1983 Act” (“Deddf 1983”) means the Mobile Homes Act 1983(1);

“the 2008 Act” (“Deddf 2008”) means the Housing and Regeneration Act 2008;

“appointed day” (“diwrnod penodedig”) is the day appointed by article 2;

“existing agreement” (“cytundeb presennol”) means a local authority agreement which is made before the appointed day;

“gypsies and travellers” (“sipsiwn a theithwyr”) 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(2);

“local authority agreement” (“cytundeb awdurdod lleol”) means an agreement under which a person is entitled to station a mobile home on a local authority gypsy and traveller site in Wales;

“local authority gypsy and traveller site” (“safle sipsiwn a theithwyr awdurdod lleol”) means any land which is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers;

“permanent pitch” (“llain barhaol”) means a pitch on which a person is entitled to station a mobile home under the terms of an agreement to which the 1983 Act applies and which is not a transit pitch;

“pitch” (“llain”) means land, forming part of a local authority gypsy and traveller site in Wales and including any garden area, on which a person is entitled to station a mobile home; and

“transit pitch” (“llain bontio”) means a pitch on which a person is entitled to station a mobile home, under the terms of an agreement to which the 1983 Act applies, for a fixed period of up to 3 months.

(3) Other expressions used, but not defined, in this Order and which are used in the 1983 Act have the same meaning in this Order as they have in the 1983 Act.

(2)

Section 5 of the Mobile Homes Act 1983, before amendment by section 318 of the Housing and Regeneration Act 2008 (c.17), provides that the 1983 Act does not apply to land occupied by a local authority as a caravan site providing accommodation for gipsies. The definition of ‘gipsies’ which this exclusion relied upon was repealed by section 80 of the Criminal Justice and Public Order Act 1994 (c. 33), though it was saved for the purpose of interpreting section 5. This definition of ‘gypsies and travellers’ derives from that saved definition.

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