Explanatory Notes

Mobile Homes (Wales) Act 2013

6

4 November 2013

Commentary on Sections

Part 5 – Powers of local authorities

Section 56 – Power to provide sites for mobile homes

116.Section 56 sets out the power of a local authority to provide mobile homes sites on land within its area.

117.Subsection (2) includes a power to do anything desirable in connection with the provision of a site under subsection (1) such as acquiring land.

Section 57 – Power to prohibit mobile homes on commons

118.Section 57 applies to any land within Wales which forms part of a common and is not land to which section 193 of the Law of Property Act 1925 applies, land subject ot a scheme under Part 1 of the Commons Act 1889, or land in respect of which a site licence is in force. Under subsection (11) “common” includes land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green.

119.Under subsections (2) to (4), a local authority may make an order prohibiting the stationing of a mobile home on land to which this section applies. Any person who contravenes such an order is guilty of an offence, and liable on summary conviction to a fine not exceeding level 1 on the standard scale (a maximum of £200 at November 2013).

120.A local authority must take all reasonable steps to secure that copies of such an order are displayed on the land to provide appropriate warnings (subsection (5)). An order may be revoked by the local authority at any time or an order may be varied to exclude any land or to provide an exception (subsection (7)).