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Part 1 of Schedule 1 (implied terms in pitch agreements) to the Mobile Homes Act 1983 is amended as follows.
In Chapter 2—
in paragraphs 20(A1) and 25A(1)(b), for “retail prices index” substitute “consumer prices index”;
in paragraph 29—
before the definition of “pitch fee” insert—;
omit the definition of “retail prices index”.
In Chapter 4—
in paragraph 18(1), for “retail prices index” substitute “consumer prices index”;
in paragraph 27—
before the definition of “pitch fee” insert—;
omit the definition of “retail prices index”.
The amendments made by section 1 apply in relation to any post-commencement fee review, whether relating to an agreement made before or after this Act comes into force.
If a court or tribunal is satisfied that a fee amount proposed during a pre-commencement or post-commencement fee review (or any portion of the amount) has been calculated to compensate (to any extent) a person for an actual or anticipated financial loss arising from an amendment made by section 1, it must regard that amount (or that portion of it) as unreasonable.
In this section—
“agreement” means an agreement to which the Mobile Homes Act 1983 applies;
“fee review” means the review of a pitch fee under Chapter 2 or Chapter 4 of Part 1 of Schedule 1 to the Mobile Homes Act 1983;
a fee review is—
a “pre-commencement” fee review if the associated written notice is served before the day on which this Act comes into force, or
a “post-commencement” fee review if the associated written notice is served on or after the day on which this Act comes into force;
“associated written notice” means—
in the case of a fee review under Chapter 2, the written notice served in accordance with paragraph 17 of that Chapter;
in the case of a fee review under Chapter 4, the written notice served in accordance with paragraph 15 of that Chapter.
This Act extends to England and Wales only.
This Act comes into force at the end of the period of two months beginning with the day on which this Act is passed.
This Act may be cited as the Mobile Homes (Pitch Fees) Act 2023.