Mobile Homes Act 1983

5 Interpretation. E+W+S

(1) In this Act, unless the context otherwise requires—

• [F1 “the appropriate judicial body” means whichever of the court or a tribunal has jurisdiction under section 4;]

• F2 ...

• [F3 “arbitration agreement” means an agreement in writing to submit to arbitration any question arising under this Act or any agreement to which it applies;]

• “the court” means—

  (a)

  in relation to England F4 ..., the county court F5 ... or, where the parties have [F6 entered into an arbitration agreement that applies to the question to be determined], the arbitrator;

  (b)

  in relation to Scotland, the sheriff having jurisdiction where the protected site is situated or, where the parties have so agreed, the arbiter ;

• “local authority” has the same meaning as in Part I of the M1 Caravan Sites and Control of Development Act 1960;

• “mobile home” has the same meaning as “caravan” has in that Part of that Act ;

• “owner”, in relation to a protected site, means the person who, by virtue of an estate or interest held by him, is entitled to possession of the site or would be so entitled but for the rights of any persons to station mobile homes on land forming part of the site ;

• “planning permission” means permission under [F7 Part III of the Town and Country Planning Act 1990] or [F8 Part III of the Town and Country Planning (Scotland) Act 1997];

• “protected site” [F9 does not include any land occupied by a local authority as a caravan site providing accommodation for gipsies or, in Scotland, for persons to whom section 24(8A) of the Caravan Sites and Control of Development Act 1960 applies but, subject to that,] has the same meaning as in Part I of the M2 Caravan Sites Act 1968.

• [F10 “a tribunal” means, where the parties have entered into an arbitration agreement that applies to the question to be determined and that question arose before the agreement was made, the arbitrator; or, in other cases—

  (a)

  in relation to England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper; and

  (b)

  in relation to Wales, a residential property tribunal]

(2) In relation to an agreement to which this Act applies—

(a) any reference in this Act to the owner includes a reference to any person who is bound by and entitled to the benefit of the agreement by virtue of subsection (1) of section 3 above; and

(b) subject to subsection (4) of that section, any reference in this Act to the occupier includes a reference to any person who is entitled to the benefit of and bound by the agreement by virtue of subsection (2) or (3) of that section.

(3) A person is a member of another’s family within the meaning of this Act if he is his spouse, [F11 civil partner,] parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece; treating—

(a) any relationship by marriage [F12 or civil partnership] as a relationship by blood, any relationship of the half blood as a relationship of the whole blood and the stepchild of any person as his child; and

(b) an illegitimate person as the legitimate child of his mother and reputed father;

or if they live together [F13 as husband and wife [F14 or as if they were civil partners]][F13 as if they were a married couple or civil partners].

[F15 (4) In relation to land in Scotland, any reference in this Act to an “estate or interest” shall be construed as a reference to a right in, or to, the land.]

Textual Amendments

F1 Words in s. 5(1) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(6)(a) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(6)(a) (with art. 5)

F2 Words in s. 5 omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(8)(a) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F3 Words in s. 5(1) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(6)(b) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(6)(b) (with art. 5)

F4 Words in s. 5 omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(8)(b) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F5 Words in s. 5(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 113; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6 Words in s. 5(1) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(6)(c) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(6)(c) (with art. 5)

F7 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 59

F8 Words in definition of “planning permission” s. 5(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 36

F9 Words in s. 5(1) repealed (30.4.2011 for E., 10.7.2013 for W.) by Housing and Regeneration Act 2008 (c. 17), ss. 318, 325(1), Sch. 16; S.I. 2011/1002, art. 2 (with arts. 3-7, Sch.); S.I. 2013/1469, art. 2 (with arts. 3-7, Sch.)

F10 Words in s. 5(1) substituted (E.W.) (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 39 (with Sch. 3)

F11 Words in s. 5(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 88(a); S.I. 2005/3175, art. 2(2)

F12 Words in s. 5(3)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 88(b); S.I. 2005/3175, art. 2(2)

F13 Words in s. 5(3) substituted (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 8

F14 Words in s. 5(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 88(c); S.I. 2005/3175, art. 2(2)

F15 S. 5(4) added (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 44 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Marginal Citations

M1 1960 c. 62.

M2 1968 c. 52.