Mobile Homes (Wales) Act 2013

52 Site rules E+W

(1) In the case of a protected site, other than a local authority Gypsy and Traveller site, for which there are site rules, each of the rules is to be an express term of each agreement to which this Part applies that relates to a pitch on the site (including an agreement made before commencement or one made before the making of the rules).

(2) The “site rules” for a protected site are rules made by the owner, in accordance with such procedure as may be prescribed by regulations made by the Welsh Ministers, which relate to—

(a) the management and conduct of the site, or

(b) such other matters as may be prescribed by regulations made by the Welsh Ministers.

(3) Any rules made by the owner before the coming into force of this section which relate to a matter mentioned in subsection (2) cease to have effect at the end of such period beginning with the day on which this section comes into force as may be prescribed by regulations made by the Welsh Ministers.

(4) Site rules come into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if before the end of that period a copy of the rules is deposited with the local authority in whose area the protected site is situated.

(5) Where a site rule is varied, the rule as varied comes into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if—

(a) the rule is varied in accordance with the procedure prescribed by regulations made by the Welsh Ministers, and

(b) a copy of the rule as varied is before the end of that period deposited with the local authority in whose area the protected site is situated.

(6) Where a site rule is deleted, the deletion comes into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if—

(a) the rule is deleted in accordance with such procedure as may be prescribed by regulations made by the Welsh Ministers, and

(b) notice of the deletion is deposited before the end of that period deposited with the local authority in whose area the protected site is situated.

(7) The Welsh Ministers may by regulations provide that a site rule may not be made, varied or deleted unless a proposal to make, vary or delete the rule is notified to the occupiers of mobile homes on the site in question in accordance with the regulations.

(8) The Welsh Ministers may by regulations provide that site rules, or rules such as are mentioned in subsection (3), are of no effect in so far as they make provision in relation to matters prescribed by the regulations.

(9) The Welsh Ministers may by regulations make provision as to the resolution of disputes—

(a) relating to a proposal to make, vary or delete a site rule,

(b) as to whether the making, variation or deletion of a site rule was in accordance with the applicable procedure prescribed by the regulations,

(c) as to whether a deposit required to be made by virtue of subsection (4), (5) or (6) was made before the end of the relevant period.

(10) Provision under subsection (9) may confer functions on a tribunal.

(11) The Welsh Ministers may by regulations—

(a) require a local authority to establish and keep up to date a register of site rules in respect of protected sites in its area,

(b) require a local authority to publish the up-to-date register,

(c) provide that any deposit required to be made by virtue of subsection (4), (5) or (6) must be accompanied by a fee of such amount as the local authority may determine.

(12) In this section “first consultation day” means the day on which a proposal made under regulations under subsection (7) is notified to the occupiers of mobile homes on the site in accordance with the regulations.

Commencement Information

I1 S. 52 in force for specified purposes at 7.1.2014 by S.I. 2014/11, art. 2(a)

I2 S. 52 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(d) (with art. 4)