SCHEDULES
SCHEDULE 3Services and public functions: exceptions
Part 7F1 Separate, single and concessionary services, etc
F2Residential mobile homes
Sch. 3 para. 30D and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 7
30D
1
A person (A) who is the owner of a protected site does not contravene section 29, so far as relating to age discrimination, by—
a
entering into a mobile home agreement with a person (B) that entitles only persons who have attained a particular age to station and occupy a mobile home on land forming part of the site, or
b
refusing to permit assignment by B of a mobile home agreement to any person other than a person who has attained a particular age.
2
A does not contravene section 29, so far as relating to age discrimination, by imposing a requirement in park rules that mobile homes stationed on land forming part of the site and occupied under mobile home agreements may be occupied only by persons who have attained a particular age.
3
A does not contravene section 29, so far as relating to age discrimination, by—
a
imposing in or under a mobile home rental agreement with a person (C) a requirement that the mobile home to which the agreement relates may be occupied only by persons who have attained a particular age, or
b
refusing to permit assignment by C of a mobile home rental agreement to any person other than a person who has attained a particular age.
4
But A may not rely on sub-paragraph (1) or (3) unless, before doing something mentioned in that sub-paragraph, A provides B or C, as the case may be, with a written statement to the effect that the mobile home in question may be occupied only by persons who have attained the age in question.
5
In this paragraph,
“ mobile home agreement ” means an agreement to which the Mobile Homes Act 1983 F3 or Part 4 of the Mobile Homes (Wales) Act 2013 applies; and “ owner ”, “ protected site ” and “ mobile home ” have the same meaning as in that Act F4 or that Part of that Act ;
“ park rules ” means rules applying to residents of mobile homes on the protected site and required to be observed by a term in the mobile home agreement or the mobile home rental agreement as the case may be;
“ mobile home rental agreement ” means an agreement (other than an arrangement to occupy a mobile home for the purposes of a holiday) under which a person (“ the occupier ”) is entitled to occupy a mobile home on the protected site as the occupier's residence whether for a specified period or for successive periods of a specified duration subject to payment of money and the performance of other obligations.
Sch. 3 Pt. 7 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 4