Mobile Homes Act 1983

[F4 20 [F5 (A1) [F6 Unless] this would be unreasonable having regard to paragraph 18(1), there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the [F7 consumer prices index] calculated by reference only to— E+W

(a) the latest index, and

(b) the index published for the month which was 12 months before that to which the latest index relates.

(A2) In sub-paragraph (A1), “the latest index”—

(a) in a case where the owner serves a notice under paragraph 17(2), means the last index published before the day on which that notice is served;

(b) in a case where the owner serves a notice under paragraph 17(6), means the last index published before the day by which the owner was required to serve a notice under paragraph 17(2).]

F8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (2) Paragraph 18(3) above applies for the purposes of this paragraph as it applies for the purposes of paragraph 18.]]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F4 Sch. 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)

F5 Sch. 1 Pt. I Ch. 2 paras. 20(A1)(A2) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(5)(a), 15(3) (with s. 11(7))

F6 Word in Sch. 1 Pt. I Ch. 2 para. 20(A1) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(j)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F7 Words in Sch. 1 Pt. 1 Ch. 2 para. 20(A1) substituted (E.W.) (2.7.2023) by Mobile Homes (Pitch Fees) Act 2023 (c. 11), ss. 1(2)(a), 3(2) (with s. 2)

F8 Sch. 1 Pt. I Ch. 2 paras. 20(1)(2) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(j)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

[F9 20 (1) Where an application is made to the court under paragraphs 17(4), 18(2) or 19(3), the court shall, if the court considers it reasonable for the pitch fee to be changed, make an order determining the amount of the new pitch fee. S

(2) 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 court.

(3) If the court makes such an order, the new pitch fee shall be payable—

(a) where the application was made under paragraph 17(4), as from the review date;

(b) where the application was made under paragraphs 18(2) or 19(3), as from the 28th day after the date of the court order determining the amount of the pitch fee.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F9 Sch. 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)