The Mobile Homes (Written Statement) (Wales) Regulations 2012 No. 2675 (W. 289)

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Welsh Statutory Instruments

2012 No. 2675 (W.289 )

MOBILE HOMES, WALES

The Mobile Homes (Written Statement) (Wales) Regulations 2012

Made

24 October 2012

Laid before the National Assembly for Wales

29 October 2012

Coming into force

19 November 2012

The Welsh Ministers(1) are, in relation to Wales, the appropriate national authority for the purposes of exercising the powers conferred by section 1(2)(e) of the Mobile Homes Act 1983(2) and make the following Regulations in exercise of those powers.

Title, commencement and application

1.-(1) The title of these Regulations is the Mobile Homes (Written Statement) (Wales) Regulations 2012 and they come into force on 19 November 2012.

(2) These Regulations apply in relation to any written statement given after 19 November 2012 with respect to an agreement-

(a)for the stationing of a mobile home on a protected site(3) in Wales, and

(b)to which the Mobile Homes Act 1983 will apply.

Interpretation

2. In these Regulations-

"the 1983 Act" ("Deddf 1983") means the Mobile Homes Act 1983;

"written statement" ("datganiad ysgrifenedig") means the written statement that the owner of a protected site is required by section 1(2) of the 1983 Act to give to the proposed occupier.

Written statement: prescribed requirements

3. The requirements with which a written statement must comply for the purposes of section 1(2) of the 1983 Act (in addition to the requirements of sections 1(2)(a) to (d) of the 1983 Act) are-

(a)that it must contain-

(i)the note preceding Part 1 of the Schedule to these Regulations, and

(ii)the information mentioned in Parts 1 to 3 of that Schedule (so far as not already required by section 1(2)(a) to (d) of the 1983 Act), and

(b)that it must be in the form set out in that Schedule or a form substantially to the same effect.

Revocation

4. The Mobile Homes (Written Statement) (Wales) Regulations 2007(4) are revoked.

Huw Lewis

Minister for Housing, Regeneration and Heritage, one of the Welsh Ministers

24 October 2012

Regulation 3

SCHEDULEWRITTEN STATEMENT UNDER THE MOBILE HOMES ACT 1983 REQUIRED TO BE GIVEN TO A PROPOSED OCCUPIER OF A PITCH

Explanatory Note

(This note is not part of the Regulations)

The Mobile Homes Act 1983 ("the 1983 Act") applies to all agreements under which persons are entitled to station a mobile home on a protected site and occupy it as their only or main residence. The 1983 Act provides that before such an agreement is entered into, the site owner must give a written statement to the proposed occupier of the mobile home. This statement must include the matters specified in section 1(2)(a) to (d) of the 1983 Act and such other matters which are specified by regulations.

These Regulations specify that the written statement must contain certain information, in addition to that required by section 1(2)(a) to (d) of the 1983 Act, and must be in the form set out in the Schedule to these Regulations.

Part 1 of the Schedule contains information about the occupier's rights under the agreement.

Part 2 of the Schedule sets out the main provisions of the agreement, name and address, particulars of the land, pitch fee, its review and additional charges.

Part 3 of the Schedule contains any other express terms of the agreement.

These Regulations revoke the Mobile Homes (Written Statement) (Wales) Regulations 2007.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

The functions of the National Assembly for Wales are vested in the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

1983 c. 34. Section 1 of the Mobile Homes Act 1983 was substituted by section 206(1) of the Housing Act 2004 (c. 34). In relation to Wales, the appropriate national authority is the National Assembly for Wales; see the definition of "the appropriate national authority" in section 5(1) of the 1983 Act (as amended by section 206(3) of the 2004 Act). The 1983 Act extends to England and Wales and Scotland and has been substantially amended in relation to Wales by sections 206 to 208 of the Housing Act 2004 and the Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899 (W.119)).

(3)

For the definition of "mobile home" and "protected site", see section 5(1) of the Mobile Homes Act 1983.

(4)

S.I. 2007/3164 (W.275).


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