Part 3 of Schedule 1 to the 1983 Act sets out provisions which supplement those in Part 1 of Schedule 1. These are set out below.
1.—(1) This paragraph applies to—
(a) a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) of Part 1 above (see paragraph 8(1A)), or
(b) a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) of Part 1 above (see paragraph 8(1A) as applied by paragraph 9(2)).
(2) If a person (“the recipient”) receives such a request and he—
(a) though not the owner, has an estate or interest in the protected site, and
(b) believes that another person is the owner (and that the other person has not received such a request),
the recipient owes a duty to the occupier to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient receives it.
(3) In paragraph 8(1B) of Part III above (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.
2.—(1) A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.
(2) The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Part 1 above, against a person bound by that term.”
This part of the written statement sets out other terms of the agreement which may be agreed between you and the site owner in addition to the implied terms.
(Terms to be inserted by site owner.)
(This note is not part of the Regulations)
These Regulations replace the Mobile Homes (Written Statement) Regulations 1983, which are revoked to the extent that they apply to Wales.
Section 1(2) of the Mobile Homes Act 1983 (“the 1983 Act”) provides that, before an agreement to which section 1 of the 1983 Act applies is entered into, the owner of the site must give to the proposed occupier of the mobile home a written statement. Section 1 applies to all agreements under which a person is entitled to station a mobile home on a protected site and occupy it as that person’s only or main residence. A protected site is defined in section 5(1) of the 1983 Act.
Section 1(2)(a) to (d) of the 1983 Act requires the written statement to:
specify the names and addresses of the parties;
include particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land;
set out the express terms to be contained in the agreement; and
set out the terms to be implied by section 2(1) of the 1983 Act.
Regulation 3 of these Regulations requires the written statement to contain material, in addition to that required by section 1(2)(a) to (d), and to be in the form set out in the Schedule. The Schedule consists of five Parts:
Part 1 deals with the names and addresses of the parties and with particulars of the land, and certain express terms, namely the pitch fee, its review and additional charges;
Part 2 contains information about the occupier’s rights under the proposed agreement;
Part 3 contains the terms to be implied by section 2(1) of the 1983 Act, as set out in Part 1 of Schedule 1 to the 1983 Act (as amended by section 207 of the Housing Act 2004 (c. 34) and the Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151 (W.268));
Part 4 contains the supplementary provisions relevant to the site owner’s approval of a proposed purchaser of the mobile home or the family member to whom the mobile home is to be given, as set out in Part 3 of Schedule 1 to the 1983 Act;
Part 5 is for any other express terms of the agreement.
These Regulations apply in relation to written statements given after 30 November 2007 as regards protected sites in Wales.