SCHEDULES

SCHEDULE 1E+W+S Agreements Under Act

Part IE+W+S Terms Implied by Act

[F1CHAPTER 2E+W+SAgreements relating to pitches in England and Wales except pitches F2... on local authority gypsy and traveller sites and county council gypsy and traveller sites ]

Textual Amendments

[F3The pitch feeE+W+S

Textual Amendments

F3Sch. 1 Pt. 1 paras. 10-29 and cross-headings substituted for Sch. 1 Pt. 1 para. 10 and cross-heading (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(6) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(6) (with arts. 1(2)(3), 4)

17(1)The pitch fee shall be reviewed annually as at the review date.E+W

(2)At least 28 clear days before the review date the owner shall serve on the occupier a written notice setting out his proposals in respect of the new pitch fee.

[F4(2A)In the case of a protected site in England, a notice under sub-paragraph (2) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.]

(3)If the occupier agrees to the proposed new pitch fee, it shall be payable as from the review date.

(4)If the occupier does not agree to the proposed new pitch fee—

(a)the owner [F5or (in the case of a protected site in England) the occupier] may apply to the [F6appropriate judicial body] for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b)the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the [F6appropriate judicial body] under paragraph 16(b); and

(c)the new pitch fee shall be payable as from the review date but the occupier shall not be treated as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the [F6appropriate judicial body] order determining the amount of the new pitch fee.

(5)An application under sub-paragraph (4)(a) may be made at any time after the end of the period of 28 days beginning with the review date [F7but F8... no later than three months after the review date].

(6)Sub-paragraphs (7) to (10) apply if the owner—

(a)has not served the notice required by sub-paragraph (2) by the time by which it was required to be served, but

(b)at any time thereafter serves on the occupier a written notice setting out his proposals in respect of a new pitch fee.

[F9(6A)In the case of a protected site in England, a notice under sub-paragraph (6)(b) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.]

(7)If (at any time) the occupier agrees to the proposed pitch fee, it shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(8)If the occupier has not agreed to the proposed pitch fee—

(a)the owner [F10or (in the case of a protected site in England) the occupier] may apply to the [F6appropriate judicial body] for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b)the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the [F6appropriate judicial body] under paragraph 16(b); and

(c)if the [F6appropriate judicial body] makes such an order, the new pitch fee shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(9)An application under sub-paragraph (8) may be made at any time after the end of the period of 56 days beginning with date on which the owner serves the notice under sub-paragraph (6)(b) [F11but F12... no later than four months after the date on which the owner serves that notice].

[F13(9A)A tribunal may permit an application under sub-paragraph (4)(a) or (8)(a) F14... to be made to it outside the time limit specified in sub-paragraph (5) (in the case of an application under sub-paragraph (4)(a)) or in sub-paragraph (9) (in the case of an application under sub-paragraph (8)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.]

(10)The occupier shall not be treated as being in arrears—

(a)where sub-paragraph (7) applies, until the 28th day after the date on which the new pitch fee is agreed; or

(b)where sub-paragraph (8)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the [F6appropriate judicial body] order determining the amount of the new pitch fee.

[F15(11)Sub-paragraph (12) applies if a tribunal, on the application of the occupier of a pitch in England, is satisfied that—

(a)a notice under sub-paragraph (2) or (6)(b) was of no effect as a result of sub-paragraph (2A) or (6A), but

(b)the occupier nonetheless paid the owner the pitch fee proposed in the notice.

(12)The tribunal may order the owner to pay the occupier, within the period of 21 days beginning with the date of the order, the difference between—

(a)the amount which the occupier was required to pay the owner for the period in question, and

(b)the amount which the occupier has paid the owner for that period.]]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F4Sch. 1 Pt. I Ch. 2 para. 17(2A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(a), 15(3) (with s. 11(7))

F5Words in Sch. 1 Pt. I Ch. 2 para. 17(4)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(b), 15(3) (with s. 11(7))

F9Sch. 1 Pt. I Ch. 2 para. 17(6A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(c), 15(3) (with s. 11(7))

F10Words in Sch. 1 Pt. I Ch. 2 para. 17(8)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(d), 15(3) (with s. 11(7))

F15Sch. 1 Pt. I Ch. 2 paras. 17(11)(12) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(e), 15(3) (with s. 11(7))

[F1617(1)The pitch fee may be reviewed at the review date if, at least 28 clear days before that review date, the owner has served on the occupier a written notice setting out the owner’s proposal in respect of the new pitch fee.S

(2)The notice referred to in sub-paragraph (1) must set out the services which the agreement provides that are included in the pitch fee proposed by the owner.

(3)If at any time the occupier agrees to the proposed pitch fee it shall be payable as from the review date.

(4)If the occupier does not agree to the proposed pitch fee the owner or the occupier may apply to the court for an order determining the amount of the new pitch fee.

(5)An application under sub-paragraph (4) may be made at any time after the end of the period of 28 days beginning with the review date.]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F16Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)