SCHEDULES
SCHEDULE 1 Agreements Under Act
Part I Terms Implied by Act
F2CHAPTER 2Agreements relating to pitches F7... except pitches F5... on local authority gypsy and traveller sites and county council gypsy and traveller sites
Words in Sch. 1 Pt. I Ch. 2 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(b) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)
Words in Sch. 1 Pt. I Ch. 2 heading omitted (10.7.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013 (S.I. 2013/1723), arts. 1(1), 2(3)(a) (with art. 1(3))
F1Interpretation F6Owner’s name and address
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)
E229
In F3this Chapter—
F4...
F8“consumer prices index” means the general index for consumer prices published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board;
“pitch fee” means the amount which the occupier is required by the agreement to pay to the owner for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water and sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts;
F9...
“review date” means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year, or if no such date is specified, each anniversary of the date the agreement commenced; and
“written statement” means the written statement that the owner of the protected site is required to give to the occupier by section 1(2) of this Act.
E1F629
1
The owner must, by notice, inform the occupier and any qualifying residents’ association of the address in Scotland at which notices (including notices of proceedings) may be served on the owner by the occupier or association.
2
If the owner fails to comply with sub-paragraph (1), then (subject to sub-paragraph (5)) any amount otherwise due from the occupier to the owner in respect of the pitch fee shall be treated for all purposes as not being due at any time before the owner does so comply.
3
Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents’ association, the notice must contain the following information—
a
the name and address of the owner; and
b
if that address is not in Scotland, an address in Scotland at which notices (including notices of proceedings) may be served on the owner.
4
Subject to sub-paragraph (5), where—
a
the occupier or a qualifying residents’ association receives a written notice, but
b
it does not contain the information required by sub-paragraph (3),
the notice shall be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.
5
An amount or notice within sub-paragraph (2) or (4) (as the case may be) shall not be treated as mentioned in that sub-paragraph in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
6
Nothing in sub-paragraphs (3) to (5) applies to any notice containing a demand to which paragraph 30(1) applies.
F630
1
Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain—
a
the name and address of the owner; and
b
if that address is not in Scotland, an address in Scotland at which notices (including notices of proceedings) may be served on the owner.
2
Subject to sub-paragraph (3), where—
a
the occupier receives such a demand; but
b
it does not contain the information required by sub-paragraph (1),
the amount demanded shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.
3
The amount demanded shall not be treated as mentioned in sub-paragraph (2) in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
Sch. 1 Pt. 1 renumbered as Sch. 1 Pt. 1 Ch. 2 (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 1 para. 2 (with art. 1(3))