The Highways Noise Payments (Movable Homes) (Wales) Regulations 2001

Eligible homes E+W

7.—(1) Subject to paragraphs (2) and (3) of this regulation, an eligible home is a movable home which, throughout the qualifying period —

(a) in the case of a [F1 mobile home], has been lawfully stationed on a protected site within the meaning of [F2 section 2(2) of the Mobile Homes (Wales) Act 2013];

(b) in the case of a houseboat, has been lawfully moored or otherwise secured with such consent as may be necessary for the location in question from any navigation authority, harbour undertaking or canal undertaking responsible for the water in which it is located and with the consent of the person in possession of any land to which it is moored or secured;

(c) has been located in such a position or positions that, after the construction or alteration of the relevant highway, some part of it is not more than 300 metres from the nearest point on the carriageway of that highway.

(2) A movable home is not an eligible home if at any time during the qualifying period it was a motor vehicle within the meaning of section 185(1) of the Road Traffic Act 1988(1) or it was a building or part of a building.

(3) For the purpose of a noise payment arising out of relevant works a movable home is not an eligible home —

(a) if it was first occupied after the relevant date in respect of those works;

(b) if, at the date when an application for a noise payment is made, it is located in a position which coincides, in whole or in part, with the position which any other eligible home, in respect of which a noise payment has already been made, occupied during any part of the qualifying period in respect of that noise payment, and if that noise payment arises out of the same relevant works.

Textual Amendments

F1 Words in reg. 7(1)(a) substituted (31.10.2016) by The Mobile Homes (Wales) Act 2013 (Consequential Provisions) Order 2016 (S.I. 2016/964), arts. 1(2), 3(3)(a)

F2 Words in reg. 7(1)(a) substituted (31.10.2016) by The Mobile Homes (Wales) Act 2013 (Consequential Provisions) Order 2016 (S.I. 2016/964), arts. 1(2), 3(3)(b)

Commencement Information

I1 Reg. 7 in force at 1.4.2001, see reg. 1(1)

(1)

1988 c. 52.