Statutory Instruments
2011 No. 1002 (C. 40)
Housing, England
The Housing and Regeneration Act 2008 (Commencement No. 8 and Transitional, Transitory and Saving Provisions) Order 2011
Made
4th April 2011
The Secretary of State, in exercise of the powers conferred by sections 320, 322 and 325 of the Housing and Regeneration Act 2008(1), makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No.8 and Transitional, Transitory and Saving Provisions) Order 2011.
(2) In this Order—
“the 1983 Act” means the Mobile Homes Act 1983(2);
“the 2008 Act” means the Housing and Regeneration Act 2008;
“commencement date” means 30th April 2011;
“existing agreement” means a local authority agreement which is made before the commencement date;
“gypsies and travellers” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showpeople, or persons engaged in travelling circuses, travelling together as such(3);
“local authority agreement” means an agreement under which a person is entitled to station a mobile home on a local authority gypsy and traveller site in England;
“local authority gypsy and traveller site” means any land which is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers;
“permanent pitch” means a pitch on which a person is entitled to station a mobile home under the terms of an agreement to which the 1983 Act applies and which is not a transit pitch;
“pitch” means land, forming part of a local authority gypsy and traveller site in England and including any garden area, on which a person is entitled to station a mobile home; and
“transit pitch” means a pitch on which a person is entitled to station a mobile home, under the terms of an agreement to which the 1983 Act applies, for a fixed period of up to 3 months.
(3) Other expressions used, but not defined, in this Order and which are used in the 1983 Act have the same meaning in this Order as they have in the 1983 Act.
Commencement: local authority gypsy and traveller sites
2.—(1) Section 318 (protected mobile home sites to include sites for gypsies and travellers) of the 2008 Act comes into force on the commencement date in relation to local authority gypsy and traveller sites in England.
(2) Section 321(1) (repeals) of, and Schedule 16 to, the 2008 Act come into force on the commencement date in relation to local authority gypsy and traveller sites in England so far as they relate to the following repeals—
| Title | Repeal |
|---|---|
| Mobile Homes Act 1983 (c. 34) | In section 5(1), in the definition of “protected site”, the words from “does not include” to “that,”. |
| Criminal Justice and Public Order Act 1994 (c. 33) | In section 80(4), the words from “in the definition” to “1983 or”. |
(3) Paragraphs (1) and (2) are subject to articles 3 to 7.
Transit pitches: saving for certain purposes of the 1983 Act
3. The repeals made by the provisions brought into force by article 2 do not apply for the purposes of the operation of sections 1(3), (4) and (6) and 2(2) to (4) of the 1983 Act(4) in relation to a transit pitch.
Existing agreements: general transitional provision
4. Subject to article 5, the 1983 Act applies to an existing agreement as it would apply to a local authority agreement made after the coming into force of the provisions brought into force by article 2 and the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011(5).
Existing agreements: transitional disapplication of certain terms and obligations
5. Notwithstanding article 4—
(a)sections 1(2) to (9) and 2(2) to (4) of the 1983 Act do not apply to an existing agreement, and
(b)in relation to an existing agreement—
(i)paragraphs 3 and 4 (termination) of Chapter 3, or paragraphs 3 to 6 (termination) of Chapter 4, of Part 1 of Schedule 1 to the 1983 Act(6), whichever Chapter may be applicable in a particular case, do not apply for the purposes of any proceedings commenced before the commencement date in which termination of the agreement is at issue;
(ii)paragraph 8 (re-siting of mobile home) of Chapter 4 of Part 1 of that Schedule does not apply to a requirement that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch where the requirement is made before the commencement date;
(iii)paragraph 15(2) and (6) to (11) (pitch fee) of Chapter 4 of Part 1 of that Schedule does not apply in relation to the first pitch fee review under that agreement where the pitch fee review date for that review is within 28 days of the commencement date;
(iv)paragraph 16 (pitch fee) of Chapter 4 of Part 1 of that Schedule does not apply where works relating to an improvement were carried out before the commencement date;
(v)paragraph 19(c) and (d) (occupier’s obligations) of Chapter 4 of Part 1 of that Schedule may not be enforced in relation to any breach of the agreement which occurs within 3 months of the commencement date;
(vi)paragraph 19(e) (occupier’s obligations) of Chapter 4 of Part 1 of that Schedule does not apply in relation to costs and expenses incurred before the commencement date;
(vii)paragraph 20(f) (owner’s obligations) of Chapter 4 of Part 1 of that Schedule does not apply where works relating to the improvements start before, or within the period of 28 days beginning with, the commencement date; and
(viii)paragraph 20(g) (owner’s obligations) of Chapter 4 of Part 1 of that Schedule does not apply in relation to any matter which arises before, or within the period of 28 days beginning with, the commencement date.
Existing agreements: local authority’s duty to provide a written statement
6.—(1) In relation to an existing agreement in respect of a pitch which, by virtue of this Order, becomes a permanent pitch, the local authority must within the period of 28 days beginning with the commencement date give to the other party to the agreement a written statement which complies with the following paragraphs.
(2) The written statement must—
(a)specify the names and addresses of the parties,
(b)include particulars of the pitch that are sufficient to identify it,
(c)set out the express terms contained in the agreement,
(d)set out the terms to be implied terms by virtue of the application of the 1983 Act to the agreement, and
(e)be in the form set out in the Schedule to this Order or a form substantially to the same effect.
(3) Subject to paragraph (4), if any express term—
(a)is contained in the agreement, but
(b)was not set out in a written statement given to the other party in accordance with paragraph (1),
the term is unenforceable by the local authority or any person within section 3(1) of the 1983 Act.
(4) Where the local authority fails to give the other party to the agreement a written statement in accordance with paragraph (1), the other party may, at any time after the 28 days mentioned in that paragraph has expired, apply to a tribunal for an order requiring the local authority—
(a)to give the person a written statement which complies with paragraph (2)(a) to (e), and
(b)to do so not later than such date as is specified in the order.
(5) In paragraph (4) “tribunal” has the same meaning as in the 1983 Act and a tribunal’s jurisdiction under that paragraph is to be treated as jurisdiction under the 1983 Act.
(6) A statement required to be given to a person under this article may be either delivered to them personally or sent by post.
(7) A written statement under this article is not to be treated as a written statement for the purposes of section 1 or 2 of the 1983 Act.
(8) A written statement under this article is to be treated as a written statement for the purposes of Chapter 4 of Part 1 of Schedule 1 to the 1983 Act.
Existing agreements: general saving
7. The repeals made by the provisions brought into force by article 2 do not affect any right or liability which has accrued in relation to an existing agreement or any remedy in respect of any such right or liability.
Signed by authority of the Secretary of State for Communities and Local Government
Grant Shapps
Minister of State
Department for Communities and Local Government
4th April 2011
Article 6(2)
SCHEDULEWritten Statement in relation to the Mobile Homes Act 1983
EXPLANATORY NOTE
(This note is not part of the Order)
Article 2 of this Order brings into force section 318 (protected mobile home sites to include sites for gypsies and travellers) of the Housing and Regeneration Act 2008 and related repeals in Schedule 16 to that Act. The provisions commenced result in the application of the Mobile Homes Act 1983 to local authority gypsy and traveller sites in England.
Articles 3 to 7 are transitional, transitory and saving provisions in relation to agreements for pitches on local authority gypsy and traveller sites.
Article 3 saves the disapplication of certain provisions in relation to agreements for transit pitches. Broadly these disapplications mean that the 28 day time limit for providing a written statement, the right to seek a court or tribunal order in relation to the giving of a written statement, and the right to apply to the court or tribunal to amend the terms of such an agreement, do not apply to these agreements.
Article 4 provides that on or after the commencement date the 1983 Act, as amended by section 318 of the 2008 Act and the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011, applies to existing agreements in the same way it applies to a new agreement entered into on that date.
Article 5 disapplies, in relation to existing agreement, certain provisions of section 1 of, and Schedule 1 to, the 1983 Act (inserted into that Act by the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011).
Article 6 is a transitory provision which requires local authorities to give a written statement to the occupiers of permanent pitches within 28 days of the commencement date and it (and the Schedule to the Order) sets out what such a statement must include.
Article 7 is a general saving provision to ensure that rights and liabilities under existing agreements are not affected by the application of the 1983 Act to these agreements.
An impact assessment has been prepared in respect of this Order. It has been deposited in the Library of each House of Parliament and is available from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU or email gypsies@communities.gsi.gov.uk
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 3 and Schedule 1 | 08.09.2008 | 2008/2358 |
| Section 4 | 08.09.2008, 01.12.2008 and 01.04.2010 | 2008/2358, 2008/3068 and 2010/862 |
| Sections 5 to 18 and Schedules 2 to 4 | 01.12.2008 | 2008/3068 |
| Section 19 | 01.12.2008 and 01.04.2010 | 2008/3068 and 2010/862 |
| Sections 20 to 30 | 01.12.2008 | 2008/3068 |
| Section 31 | 01.04.2010 | 2010/862 |
| Section 32 and 33 | 01.04.2009 and 01.04.2010 | 2009/803 and 2010/862 |
| Section 34 | 01.04.2009 | 2009/803 |
| Section 35 | 01.04.2010 | 2010/862 |
| Section 36 | 01.04.2009 | 2009/803 |
| Section 37 | 08.09.2008 | 2008/2358 |
| Sections 38 to 43 | 01.12.2008 | 2008/3068 |
| Section 44 | 08.09.2008 | 2008/2358 |
| Section 45 | 01.12.2008 | 2008/3068 |
| Sections 46 and 47 | 08.09.2008 | 2008/2358 |
| Section 48 | 01.12.2008 | 2008/3068 |
| Section 49 | 08.09.2008 | 2008/2358 |
| Section 50 and Schedule 5 | 08.09.2008, 01.12.2008 and 01.04.2009 | 2008/2358, 2008/3068 and 2009/803 |
| Section 51 and Schedules 6 and 7 | 08.09.2008 | 2008/2358 |
| Sections 52 to 55 | 08.09.2008 | 2008/2358 |
| Section 56 and Schedule 8 | 08.09.2008, 01.12.2008, 01.04.2009 and 01.04.2010 | 2008/2358, 2008/3068, 2009/803 and 2010/862 |
| Section 57 | 08.09.2008, 01.12.2008 and 01.04.2010 | 2008/2358, 2008/3068 and 2010/862 |
| Section 58 | 08.09.2008, 01.12.2008, 01.04.09 and 01.04.2010 | 2008/2358, 2008/3068, 2009/803 and 2010/862 |
| Section 59 | 08.09.2008 | 2008/2358 |
| Sections 60 to 63 | 01.04.2010 | 2010/862 |
| Section 64 | 16.02.2009 and 01.04.2010 | 2009/363 and 2010/862 |
| Sections 65 to 71 and Schedules 6 and 7 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 72 | 08.09.2008 | 2008/2358 |
| Sections 73 to 80 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Sections 81 to 85 | 08.09.2008 | 2008/2358 |
| Section 86 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Sections 87 to 92 | 08.09.2008 | 2008/2358 |
| Section 93 | 08.09.2008 and 01.04.2009 | 2008/2358 and |
| Section 94 | 01.04.2010 | 2010/862 |
| Section 95 to 98 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Sections 99 to 104 | 08.09.2008 | 2008/2358 |
| Section 105 | 08.09.2008 | 2008/2358 |
| Sections 106 to 111 | 01.04.2010 | 2010/862 |
| Sections 112 and 113 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 114 | 08.09.2008 and 07.09.09 | |
| Section 115 | 01.04.2010 | 2010/862 |
| Section 116 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 117 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 118 | 01.04.2010 | 2010/862 |
| Section 119 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 120 to 126 | 01.04.2010 | 2010/862 |
| Section 127 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 128 to 130 | 01.04.2010 | 2010/862 |
| Section 131 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 132 to 143 | 01.04.2010 | 2010/862 |
| Sections 144 and 145 | 01.04.2009 and 01.04.2010 | 2009/803 and 2010/862 |
| Sections 146 to 173 | 01.04.2009 and 01.04.2010 | 2009/803 and 2010/862 |
| Section 174 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 175 to 191 | 01.04.2010 | 2010/862 |
| Sections 192 to 197 | 08.09.2008 | 2008/2358 |
| Section 198 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 199 to 201 | 01.04.2010 | 2010/862 |
| Section 202 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Sections 203 to 211 | 01.04.2010 | 2010/862 |
| Section 212 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 213 | 01.04.2010 | 2010/862 |
| Section 214 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 215 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 216 | 08.09.2008 | 2008/2358 |
| Sections 217 to 227 | 01.04.2010 | 2010/862 |
| Section 228 | 01.04.2009 and 01.04.2010 | 2009/803 and 2010/862 |
| Sections 229 to 233 | 01.04.2010 | 2010/862 |
| Section 234 | 01.04.2009 and 01.04.2010 | 2009/803 and 2010/862 |
| Sections 235 to 239 | 01.04.2010 | 2010/862 |
| Section 240 | 01.04.2009 and 01.04.2010 | 2009/803 and 2010/862 |
| Section 241 to 243 | 01.04.2010 | 2010/862 |
| Section 244 | 01.04.2009 and 01.04.2010 | 2009/803 and 2010/862 |
| Section 245 to 274 | 01.04.2010 | 2010/862 |
| Sections 275 and 276 | 08.09.2008 and 01.04.2010 | 2008/2358 and 2010/862 |
| Section 277 and Schedule 9 | 08.09.2008, 01.12.2008, 01.04.2009 and 01.04.2010 | 2008/2358, 2008/3068, 2009/803 and 2010/862 |
| Section 278 | 01.04.2010 | 2010/862 |
| Sections 295 and 296 | 01.12.2008 | 2008/3068 |
| Section 297 | 01.01.2009 | 2008/3068 |
| Section 298 | 01.12.2008 and 01.01.2009 | 2008/3068 |
| Section 299 and Schedule 11 | 01.12.2008 and 20.05.2009 | 2008/3068 and 2009/1261 |
| Section 300 | 07.09.09 | 2009/2096 |
| Sections 301 and 302 | 01.12.2008 and 07.09.09 | 2008/3068 and 2009/2096 |
| Section 303 and Schedule 12 (partially) | 01.12.2008 | 2008/3068 |
| Section 308 | 01.12.2008 | 2008/3068 |
| Section 309 | 01.12.2008 and 06.04.2009 | 2008/2068 and 2009/803 |
| Section 311 and Schedule 14 | 01.12.2008 | 2008/3068 |
| Section 314 and Schedule 15 (partially) | 02.03.09 | 2009/415 |
| Section 315 (partially) | 01.12.2008 | 2008/3068 |
| Section 316 | 07.09.09 | 2009/2096 |
| Section 317 | 22.09.2008 | 2008/2358 |
| Section 321 and Schedule 16 (partially) | 22.09.2008, 01.12.08, 02.03.09, 01.04.2009 20.05.2009 and 07.09.09 |
Section 5 of the Mobile Homes Act 1983, before amendment by section 318 of the Housing and Regeneration Act 2008 (c. 17), provides that the 1983 Act does not apply to land occupied by a local authority as a caravan site providing accommodation for gipsies. The definition of ‘gipsies’ which this exclusion relied upon was repealed by section 80 of the Criminal Justice and Public Order Act 1994 (c. 33), though it was saved for the purpose of interpreting section 5. This definition of ‘gypsies and travellers’ derives from that saved definition.
1983 c. 34. In England and Wales, section 1 was substituted, and section 2 was amended, by sections 206 and 265 of, and paragraph 9 of Schedule 15 to, the Housing Act 2004 (c. 34).
Chapters 3 and 4 of Part 1 of Schedule 1 to the 1983 Act were inserted by the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011.