The Mobile Homes (Written Statement) (Wales) Regulations 2014

Welsh Statutory Instruments

2014 No. 1762 (W. 177)

Mobile Homes, Wales

The Mobile Homes (Written Statement) (Wales) Regulations 2014

Made

2 July 2014

Laid before the National Assembly for Wales

4 July 2014

Coming into force

1 October 2014

The Welsh Ministers, in exercise of their power under section 49(1)(e) of Part 4 of the Mobile Homes (Wales) Act 2013((1)), make the following Regulations.

Title, commencement and application

1.—(1) The title of these Regulations is the Mobile Homes (Written Statement) (Wales) Regulations 2014 and they come into force on 1 October 2014.

(2) These Regulations apply in relation to any written statement given on or after 1 October 2014 with respect to an agreement—

(a) for the stationing of a mobile home(2) on a protected site(3) in Wales, and

(b) to which Part 4 of the Mobile Homes (Wales) Act 2013 will apply.

Interpretation

2.  In these Regulations—

“the 2013 Act” (“Deddf 2013”) means the Mobile Homes (Wales) Act 2013; and

“written statement” (“datganiad ysgrifenedig”) means the written statement that the owner of a protected site is required by section 49(1) of the 2013 Act to give to the proposed occupier.

Written statement: prescribed requirements

3.  The requirements with which a written statement must comply for the purposes of section 49(1) of the 2013 Act (in addition to the requirements of section 49(1)(a) to (d) of the 2013 Act) are—

(a) that it must contain—

(i) the note preceding Part 1 of the Schedule to these Regulations, and

(ii) the information mentioned in Parts 1 to 3 of that Schedule (so far as not already required by section 49(1)(a) to (d) of the 2013 Act), and

(b) that it must be in the form set out in that Schedule or a form substantially to the same effect.

Revocation

4.  The Mobile Homes (Written Statement) (Wales) Regulations 2012(4) are revoked.

Carl Sargeant

Minister for Housing and Regeneration, one of the Welsh Ministers

2 July 2014

Regulation 3

SCHEDULE WRITTEN STATEMENT UNDER THE MOBILE HOMES (WALES) ACT 2013 REQUIRED TO BE GIVEN TO A PROPOSED OCCUPIER OF A PITCH

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 4 of the Mobile Homes (Wales) Act 2013 (“the 2013 Act”) applies to all agreements under which persons are entitled to station a mobile home on a protected site and occupy it as their only or main residence. Part 4 of the 2013 Act provides that before such an agreement is entered into, the site owner must give a written statement to the proposed occupier of the mobile home. This statement must include the matters specified in section 49(1)(a) to (d) of Part 4 of the 2013 Act and must comply with such other requirements as may be prescribed by the Welsh Ministers by regulations.

These Regulations specify that the written statement must contain certain information, in addition to that required by section 49(1)(a) to (d) of Part 4 of the 2013 Act, and must be in the form set out in the Schedule to these Regulations.

Part 1 of the Schedule contains information about the occupier’s rights under the agreement.

Part 2 of the Schedule sets out the main provisions of the agreement. These are the name and address of the parties, particulars of the land, the pitch fee and its review, and additional charges.

Part 3 of the Schedule contains any other express terms of the agreement.

These Regulations revoke the Mobile Homes (Written Statement) (Wales) Regulations 2012.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a Regulatory Impact Assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2013 anaw 6.

(2)

For the definition of “mobile home”, see section 60 of the Mobile Homes (Wales) Act 2013.

(3)

For the definition of “protected site”, see section 2(2) of the Mobile Homes (Wales) Act 2013.

(4)

S.I. 2012/2675 (W. 289).