169.This section modifies section 2B and schedule 1 of the 1983 Act. The 1983 Act applies to any agreement under which a person is entitled to station a mobile home on land forming part of a protected site and to occupy the mobile home as the person’s only or main residence. The terms in Part 1 of schedule 1 are implied terms of each such agreement and a sheriff may, on application by either party to the agreement within the relevant period, order that terms concerning the matters mentioned in Part 2 of the schedule are also to be implied terms. The sheriff has jurisdiction to determine any question arising under the 1983 Act or any agreement to which it applies, including any question arising about a pitch fee review.
170.The Scottish Ministers may amend Parts 1 and 2 of schedule 1 using an order-making power in section 2B. Section 61(2) of the 2025 Act modifies section 2B so that they can also use the order-making power to make provision to substitute a different economic index (used in connection with the setting new pitch fees) for the one mentioned in paragraph 23(1)(b) of the schedule. It also inserts a new subsection (4A) so that a second or subsequent order under section 2B may provide that any such new economic index applies in relation to any agreement to which the 1983 Act applies.
171.Section 61(3) of the 2025 Act modifies paragraphs 20, 22, 23 and 32 of schedule 1—
Paragraph (a) modifies paragraph 20 in a case where an application is made to the sheriff under paragraph 17(1) or 19(1) of the schedule for an order determining a new pitch fee and the Tribunal is satisfied that a portion of the new pitch fee proposed by the owner has been calculated to compensate a person for the change made by the 2025 Act to the economic index in paragraph 23 of the schedule or any future change made to it. The Tribunal cannot include this compensatory portion in the new pitch fee.
Paragraph (b) modifies paragraph 22, which sets out what is to be taken into account when determining the amount of a new pitch fee in relation to a mobile home on a protected site, so that regard must be had to any direct effect of a relevant enactment on the costs payable by the owner in relation to the maintenance or management of the protected site. But no regard is to be had to any actual or anticipated financial loss arising as a result of a change made by the 2025 Act to the economic index in paragraph 23 of the schedule or any future change to it.
Paragraphs (c) and (d) modify paragraphs 23 and 32 so that, when determining the amount of a new pitch fee, there is a presumption that the new pitch fee will not increase or decrease by a percentage that is more than the change in the consumer prices index (rather than the retail prices index) since the last review date, unless this would be unreasonable having regard to matters mentioned in paragraph 22(1).