Statement by the Maltese EU Presidency in response to the update by Ambassador Martin Sajdik and to the report by Ambassador Ertugrul Apakan

The Caravan Sites and Control of Development Act 1960 is amended in accordance with subsections (2) to (7).

In section 3 (application for site licence)—

After section 5 insert—

In section 8 (alteration of conditions attached to site licences), after subsection (1A) insert—

In section 10 (transfer of site licences etc.), after subsection (1) insert—

After section 10 insert—

“relevant protected site” has the meaning assigned to it by section 5A(5); “relevant protected site application” has the meaning assigned to it by section 3(7);

In the case of a protected site in England, when determining the amount of the new pitch fee, no regard may be had to any fee required to be paid by the owner by virtue of—

In section 3 of the Caravan Sites and Control of Development Act 1960 (application for site licence), in subsections (4) and (5), for “the local authority shall” (in the first place it appears in each case) substitute “ the local authority may (where they are in England and are considering whether to grant a relevant protected site application) or shall (in any other case) ”.

After subsection (5) of that section insert—

In section 10 of that Act (transfer of site licence), after subsection (1A) (inserted by section 1(5)) insert—

In subsection (3) of that section, after “the transfer of a site licence” insert “ , other than one issued by a local authority in England in respect of a relevant protected site in their area, ”.

The Caravan Sites and Control of Development Act 1960 is amended as follows.

In section 7 (the heading to which becomes “ Appeal against conditions attached to site licence ”)—

In section 8 (power of local authority to alter conditions attached to site licences)—

In section 9 of the Caravan Sites and Control of Development Act 1960 (the heading to which becomes “ Breach of condition: land other than relevant protected sites in England ”), in subsections (1) and (3), after “occupier of land” insert “ , other than land in England which is a relevant protected site, ”.

After that section insert—

After section 9C of the Caravan Sites and Control of Development Act 1960 (inserted by section 4) insert—

After section 9F of the Caravan Sites and Control of Development Act 1960 (inserted by section 5) insert—

The Housing Act 2004 is amended as follows.

In section 230 (powers and procedure of residential property tribunals) after subsection (5) insert—

In Schedule 13 (residential property tribunals: procedure)—

After section 2B of the Mobile Homes Act 1983 insert—

In section 1(2)(c) of the Mobile Homes Act 1983 (requirement for proposed express terms to be set out in written statement), after “to be contained in the agreement” insert “ (including any site rules (see section 2C)) ”.

In section 1(5) of that Act (enforcement of express terms), after “any express term” insert “ other than a site rule (see section 2C) ”.

In section 2(3) of that Act (application to tribunal to vary express term etc.)—

The Mobile Homes Act 1983 is amended as follows.

In Chapter 2 of Part 1 of Schedule 1 (implied terms in pitch agreements except those relating to pitches in England on certain gypsy and traveller sites), before paragraph 8 but after the cross-heading above it (sale of mobile home) insert—

In that Chapter, in paragraph 8, before sub-paragraph (1) insert—

In Part 3 of Schedule 1 (supplementary provisions), before paragraph 1 and the cross-heading above it, insert—

In Chapter 2 of Part 1 of Schedule 1, before paragraph 9 but after the cross-heading above it (gift of mobile home) insert—

In that Chapter, in paragraph 9, before sub-paragraph (1) insert—

In section 3 (successors in title), in subsection (4)(b), for “or 9” substitute “ , 8A, 8B or 9 ”.

Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (implied terms in pitch agreements except those relating to pitches in England on certain gypsy and traveller sites) is amended as follows.

In paragraph 17 (review of pitch fee)—

In paragraph 18 (matters to which to have particular regard when determining new pitch fee)—

In paragraph 19 (certain costs of owner to be disregarded when determining new pitch fee), after sub-paragraph (3) (inserted by section 1(8)) insert—

In paragraph 20 (effect of changes in RPI on amount of pitch fee)—

After paragraph 25 insert—

The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 applies that was made before the commencement of this section, as well as in relation to one made on or after that commencement.

Section 3 of the Caravan Sites Act 1968 (the heading to which becomes “ Protection of occupiers against eviction and harassment, false information etc. ”) is amended as follows.

In subsection (1)(c), before “persistently withdraws or withholds” insert “ withdraws or withholds or, if the site concerned is in Wales, ”.

In subsection (1A)(b), before “persistently withdraws or withholds” insert “ withdraws or withholds or, if the site concerned is in Wales, ”.

After subsection (1A) insert—

In subsection (1B), for “subsection (1A)” substitute “ subsections (1A) and (1AA) ”.

In section 1(2) of the Caravan Sites and Control of Development Act 1960 (prohibition of use of land as caravan site without site licence), after “summary conviction” insert— .

In section 26(5) of that Act (obstruction of person exercising power of entry), after “summary conviction” insert— .

Sections 1 to 7 shall come into force on 1 April 2014.

Sections 8, 13 and 14 shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

Sections 9 to 12 and this section shall come into force two months after Royal Assent.

The Secretary of State may by order made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

This Act extends to England and Wales only.

This Act may be cited as the Mobile Homes Act 2013.