Housing (Scotland) Act 2025

61 New pitch fees: considerations

(1) The Mobile Homes Act 1983 is modified as follows.

(2) In section 2B (power to amend implied terms: Scotland)—

(a) in subsection (3), after paragraph (a) insert—

“(aa) make provision to substitute a different economic index for the one for the time being mentioned in paragraph 23(1)(b) of schedule 1;”,

(b) after subsection (4) insert—

“(4A) The second and any subsequent order made under this section may provide for any provision mentioned in subsection (3)(aa) that is included in the order to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).”.

(3) In schedule 1 (agreements under Act)—

(a) in paragraph 20, after sub-paragraph (3) insert—

“(4) Sub-paragraph (5) applies where—

(a) a notice is served under paragraph 17(1) or 19(1) setting out the owner’s proposal in respect of a new pitch fee,

(b) an application is subsequently made to the First-tier Tribunal for Scotland under paragraph 17(4) or 19(3) for an order determining the amount of the new pitch fee, and

(c) the First-tier Tribunal for Scotland is satisfied that a portion (“the compensatory portion”) of the new pitch fee proposed by the owner has been calculated to compensate a person for an actual or anticipated financial loss arising as a result of—

(i) the change made to paragraph 23(1)(b) by section 61(3)(c) of the Housing (Scotland) Act 2025, or

(ii) the substitution of any economic index for the time being mentioned in that paragraph with a different economic index.

(5) Where this sub-paragraph applies, the compensatory portion of the new pitch fee proposed by the owner must not be included in the amount of any new pitch fee determined by an order of the First-tier Tribunal for Scotland under sub-paragraph (1).”,

(b) in paragraph 22—

(i) in sub-paragraph (1), for paragraph (c) substitute—

“(c) any direct effect of a relevant enactment on the costs payable by the owner in relation to the maintenance or management of that site.”,

(ii) after sub-paragraph (1) insert—

“(1A) But no regard is to be had, when determining the amount of the new pitch fee, to any actual or anticipated financial loss arising as a result of—

(a) the change made to paragraph 23(1)(b) by section 61(3)(c) of the Housing (Scotland) Act 2025, or

(b) the substitution of any economic index for the time being mentioned in that paragraph with a different economic index.”,

(iii) after sub-paragraph (3) insert—

“(4) In sub-paragraph (1)(c), “relevant enactment” means an enactment, other than an order made under paragraph 8(2), that has come into force since the last review date.”,

(c) in paragraph 23(1)(b), for “retail” substitute “consumer”,

(d) in paragraph 32—

(i) after the definition of “caravan site” insert—

• ““consumer prices index” means—

  (a)

  the all items consumer prices index published by the Statistics Board, or

  (b)

  if that index is not published for a month, any substituted index or figures published by the Board;”,

(ii) the definition of “retail prices index” is repealed.