# Mobile Homes Act 2013

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# Mobile Homes Act 2013

# 2013 CHAPTER 14

An Act to amend the law relating to mobile homes.

[26th March 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## LicensingE+W

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## Management of sitesE+W

### 8Requirement for manager of site to be fit and proper personE+W

After section 12 of the Caravan Sites and Control of Development Act 1960 insert—

#### “Requirement for manager of site to be fit and proper personE+W

##### 12ARequirement for fit and proper person

(1)The Secretary of State may by regulations provide that an occupier of land in England may not cause or permit any part of                           the land to be used as a relevant protected site unless (in addition to the occupier's holding a site licence as mentioned                           in section 1) the local authority in whose area the land is situated—                  

(a)are satisfied that the occupier is a fit and proper person to manage the site or that a person appointed to do so by the occupier                           is a fit and proper person to do so; or                  

(b)have, with the occupier's consent, appointed a person to manage the site.                  

(2)The regulations may provide that, where an occupier of land who holds a site licence in respect of the land contravenes a                           requirement imposed by virtue of subsection (1), the local authority in whose area the land is situated may apply to [F1the tribunal] for an order revoking the site licence in question.                  

(3)The regulations may create a summary offence relating to a contravention of a requirement imposed by virtue of subsection                           (1).                  

(4)Regulations creating an offence by virtue of subsection (3) may provide that, where an occupier of land who holds a site licence                           in respect of the land and who is convicted of the offence has been convicted on two or more previous occasions of the offence                           in relation to the land, the court before which the occupier is convicted may, on an application by the local authority in                           whose area the land is situated, make an order revoking the occupier's site licence on the day specified in the order.                  

##### 12BRegister of fit and proper persons

(1)The Secretary of State may by regulations require a local authority—                  

(a)to establish and keep up to date a register of persons who they are satisfied are fit and proper persons to manage a relevant                           protected site in their area;                  

(b)to publish their up-to-date register in such manner as may be prescribed.                  

(2)The regulations may make provision as to the period for which a person's inclusion in the register has effect; and the regulations                           may, in particular, give a local authority power to decide the length of the period.                  

##### 12CApplication for inclusion in register

(1)The Secretary of State may by regulations provide that, on an application by the occupier for the inclusion of the occupier                           or of a person appointed by the occupier in a register established by virtue of section 12A (a “registration application”),                           a local authority may—                  

(a)grant the application unconditionally,                  

(b)grant the application subject to conditions, or                  

(c)reject the application.                  

(2)The regulations may—                  

(a)make provision as to the matters to be included in a registration application and the period within which it may be made;                  

(b)provide that the application must be accompanied by such fee as the local authority may fix;                  

(c)require the local authority to publish in such manner as may be prescribed details of such fees as they fix from time to time                           by virtue of paragraph (b).                  

(3)The regulations may—                  

(a)provide that the conditions which may be imposed by virtue of subsection (1)(b) may include conditions requiring additional                           payments to be made to the local authority by way of annual fee, and                  

(b)give the local authority power to decide the amount and frequency of the payments.                  

(4)The regulations may require a local authority, in considering a registration application, to have regard to such matters as                           may be prescribed.                  

(5)The regulations may require a local authority, where they have made a preliminary decision on a registration application—                  

(a)to notify the occupier of the preliminary decision and the reasons for it, and                  

(b)if the occupier makes representations within such period as may be prescribed, to take the representations into account before                           making the final decision on the application.                  

(6)The regulations may require a local authority, where they have made a final decision on a registration application—                  

(a)to decide when the decision is to take effect, and                  

(b)to notify the occupier of the final decision, the reasons for it, when it is to take effect and such right of appeal as may                           be conferred by virtue of subsection (7).                  

(7)The regulations may—                  

(a)confer a right of appeal to [F2the tribunal] against a final decision on a registration application;                  

(b)provide that no compensation may be claimed for loss suffered in consequence of the decision pending the outcome of the appeal.                  

(8)The regulations may provide that a register established by virtue of the regulations must—                  

(a)where a registration application is granted subject to conditions, specify the conditions;                  

(b)where the application is rejected, include prescribed information about the application.                  

(9)The regulations may create a summary offence relating to—                  

(a)the withholding of information from, or the inclusion of false or misleading information in, a registration application;                  

(b)a failure to comply with a condition subject to which a registration application is granted.                  

##### 12DRemoval from register, variation of conditions etc.

(1)The Secretary of State may by regulations provide that, where a person is included in a register established by virtue of                           section 12B, the local authority may in such circumstances as may be prescribed—                  

(a)remove the person from the register;                  

(b)impose a condition on the inclusion of the person in the register (whether or not there are conditions imposed by virtue of                           section 12C);                  

(c)vary or remove a condition imposed by virtue of section 12C or this section.                  

(2)The regulations may require a local authority, in considering whether or how to exercise a power conferred by virtue of subsection                           (1), to have regard to such matters as may be prescribed.                  

(3)The regulations may require the local authority, before exercising a power conferred by virtue of subsection (1)—                  

(a)to notify the occupier of their proposal to do so and the reasons for the proposal, and                  

(b)if the occupier makes representations within such period as may be prescribed, to take the representations into account before                           exercising the power.                  

(4)The regulations may require a local authority, where they exercise a power conferred by virtue of subsection (1), to notify                           the occupier of the fact that they have done so, the reasons for doing so and such right of appeal as may be conferred by                           virtue of subsection (5).                  

(5)The regulations may—                  

(a)confer a right of appeal to [F3the tribunal] against the exercise of a power conferred by virtue of subsection (1);                  

(b)provide that no compensation may be claimed for loss suffered in consequence of the exercise of the power pending the outcome                           of the appeal.                  

(6)The regulations may create a summary offence relating to a failure to comply with a condition imposed by virtue of this section.                  

##### 12ERegulations under sections 12A to 12D: supplementary provision

(1)Regulations under sections 12A to 12D creating a summary offence by virtue of section 12A(3), 12C(9) or 12D(6) may not provide                           for the offence to be punishable on conviction otherwise than by a fine not exceeding such amount as may be prescribed.                  

(2)Regulations under sections 12A to 12D may—                  

(a)amend this Act;                  

(b)make incidental, supplementary, consequential, saving or transitional provision;                  

(c)make provision which applies generally (whether or not subject to exceptions) or in relation only to specified cases or descriptions                           of case;                  

(d)make different provision for different cases or descriptions of case (including different provision for different areas).                  

(3)Regulations under sections 12A to 12D must be made by statutory instrument.                  

(4)A statutory instrument containing regulations under sections 12A to 12D may not be made unless a draft of the instrument has                           been laid before, and approved by a resolution of, each House of Parliament.”                  

## Pitch agreementsE+W

### 9Site rulesE+W

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

#### “2CSite rules

(1)In the case of a protected site in England (other than a gypsy and traveller site) for which there are site rules, each of                           the rules is to be an express term of each agreement to which this Act applies that relates to a pitch on the site (including                           an agreement made before commencement or one made before the making of the rules).                  

(2)The “site rules” for a protected site are rules made by the owner in accordance with such procedure as may be prescribed which                           relate to—                  

(a)the management and conduct of the site, or                  

(b)such other matters as may be prescribed.                  

(3)Any rules made by the owner before commencement which relate to a matter mentioned in subsection (2) cease to have effect                           at the end of such period beginning with commencement as may be prescribed.                  

(4)Site rules come into force at the end of such period beginning with the first consultation day as may be prescribed, if a                           copy of the rules is deposited with the local authority before the end of that period.                  

(5)Where a site rule is varied, the rule as varied comes into force at the end of such period beginning with the first consultation                           day as may be prescribed, if—                  

(a)the rule is varied in accordance with such procedure as may be prescribed, and                  

(b)a copy of the rule as varied is deposited with the local authority before the end of that period.                  

(6)Where a site rule is deleted, the deletion comes into force at the end of such period beginning with the first consultation                           day as may be prescribed, if—                  

(a)the rule is deleted in accordance with such procedure as may be prescribed, and                  

(b)notice of the deletion is deposited with the local authority before the end of that period.                  

(7)Regulations may provide that a site rule may not be made, varied or deleted unless a proposal to make, vary or delete the                           rule is notified to the occupiers of the site in question in accordance with the regulations.                  

(8)Regulations may provide that site rules, or rules such as are mentioned in subsection (3), are of no effect in so far as they                           make provision in relation to prescribed matters.                  

(9)Regulations may make provision as to the resolution of disputes—                  

(a)relating to a proposal to make, vary or delete a site rule;                  

(b)as to whether the making, variation or deletion of a site rule was in accordance with the applicable prescribed procedure;                  

(c)as to whether a deposit required to be made by virtue of subsection (4), (5) or (6) was made before the end of the relevant                           period.                  

(10)Provision under subsection (9) may confer functions on a tribunal.                  

(11)Regulations may—                  

(a)require a local authority to establish and keep up to date a register of site rules in respect of protected sites in its area;                  

(b)require a local authority to publish the up-to-date register;                  

(c)provide that any deposit required to be made by virtue of subsection (4), (5) or (6) must be accompanied by a fee of such                           amount as the local authority may determine.                  

#### 2DSection 2C: supplementary provision

(1)This section applies for the purposes of section 2C.                  

(2)“Commencement” means the commencement of that section.                  

(3)“First consultation day” means the day on which a proposal made under regulations under subsection (7) of that section is notified to the occupiers                           of the site in accordance with the regulations.                  

(4)A reference to the local authority is a reference to the local authority in whose area the protected site in question is situated.                  

(5)A reference to a gypsy and traveller site is a reference to a county council gypsy and traveller site or a local authority                           gypsy and traveller site (each of which has the meaning given by paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1).                  

(6)“Prescribed” means prescribed in regulations; and the power to make regulations is exercisable by the Secretary of State.                  

(7)The regulations must be made by statutory instrument and may—                  

(a)make different provision for different cases or descriptions of case, including different provision for different areas;                  

(b)contain incidental, supplementary, transitional or saving provisions.                  

(8)The regulations are subject to annulment in pursuance of a resolution of either House of Parliament.”                  

(2)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)) ”.                  

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

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

(a)in paragraph (a), after “any express term of the agreement” insert “ other than a site rule (see section 2C) ”, and                  

(b)in paragraph (b), after “any express term to which section 1(6) above applies” insert “ other than a site rule (see section 2C) ”.                  

### 10Implied terms: removal of requirement for site owner consent to sale or giftE+W

(1)The Mobile Homes Act 1983 is amended as follows.                  

(2)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—                  

#### 

“7A(1)This paragraph and paragraph 7B apply in relation to a protected site in England.                  

(2)Where the agreement is a new agreement, the occupier is entitled to sell the mobile home and to assign the agreement to the                           person to whom the mobile home is sold (referred to in this paragraph as the “new occupier”) without the approval of the owner.                  

(3)In this paragraph and paragraph 7B, “new agreement” means an agreement—                  

(a)which was made after the commencement of this paragraph, or                  

(b)which was made before, but which has been assigned after, that commencement.                  

(4)The new occupier must, as soon as reasonably practicable, notify the owner of the completion of the sale and assignment of                           the agreement.                  

(5)The new occupier is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate                           as may be prescribed by regulations made by the Secretary of State.                  

(6)Except to the extent mentioned in sub-paragraph (5), the owner may not require any payment to be made (whether to the owner                           or otherwise) in connection with the sale of the mobile home and the assignment of the agreement to the new occupier.                  

(7)The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier                           or the new occupier in connection with—                  

(a)the sale of the mobile home and assignment of the agreement;                  

(b)the payment of commission by virtue of sub-paragraph (5).                  

#### 

7B(1)Where the agreement is not a new agreement, the occupier is entitled to sell the mobile home and assign the agreement without                           the approval of the owner if—                  

(a)the occupier serves on the owner a notice (a “notice of proposed sale”) that the occupier proposes to sell the mobile home,                           and assign the agreement, to the person named in the notice (the “proposed occupier”), and                  

(b)the first or second condition is satisfied.                  

(2)The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of                           proposed sale (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a                           tribunal for an order preventing the occupier from selling the mobile home, and assigning the agreement, to the proposed occupier                           (a “refusal order”).                  

(3)The second condition is that—                  

(a)within the 21-day period—                  

(i)the owner applies to a tribunal for a refusal order, and                  

(ii)the occupier receives a notice of the application from the owner, and                  

(b)the tribunal rejects the application.                  

(4)If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of                           the application from the owner within that period—                  

(a)the application is to be treated as not having been made, and                  

(b)the first condition is accordingly to be treated as satisfied.                  

(5)A notice of proposed sale must include such information as may be prescribed in regulations made by the Secretary of State.                  

(6)A notice of proposed sale or notice of an application for a refusal order—                  

(a)must be in writing, and                  

(b)may be served by post.                  

(7)An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Secretary                           of State; and a notice of an application for a refusal order must specify the ground or grounds on which the application is                           made.                  

(8)The person to whom the mobile home is sold (“the new occupier”) is required to pay the owner a commission on the sale of the                           mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Secretary of State.                  

(9)Except to the extent mentioned in sub-paragraph (8), the owner may not require any payment to be made (whether to the owner                           or otherwise) in connection with the sale of the mobile home and the assignment of the agreement.                  

(10)The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier,                           a proposed occupier or the new occupier in connection with—                  

(a)the sale of the mobile home and assignment of the agreement;                  

(b)the payment of commission by virtue of sub-paragraph (8).                  

#### 

7C(1)Regulations under paragraph 7A or 7B must be made by statutory instrument and may—                  

(a)make different provision for different cases or descriptions of case, including different provision for different areas or                           for sales at different prices;                  

(b)contain incidental, supplementary, transitional or saving provisions.                  

(2)Regulations under paragraph 7A or 7B are subject to annulment in pursuance of a resolution of either House of Parliament.”                  

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

“(A1)This paragraph applies in relation to a protected site in Wales.”                  

(4)In Part 3 of Schedule 1 (supplementary provisions), before paragraph 1 and the cross-heading above it, insert—                  
*“Sale pursuant to paragraph 7A or 7B of Chapter 2 of Part 1: provision of information*
A1(1)This paragraph applies where the occupier proposes to sell the mobile home, and assign the agreement, pursuant to paragraph                           7A or 7B of Chapter 2 of Part 1.                  

(2)The occupier must, not later than 28 days before the completion of the sale of the mobile home and assignment of the agreement,                           provide the proposed occupier with—                  

(a)such documents, or documents of such description, as may be prescribed in regulations made by the Secretary of State, and                  

(b)such other information as may be so prescribed, in the form so prescribed.                  

(3)But if the proposed occupier consents in writing to the documents and other information concerned being provided by a date                           (“the chosen date”) which is less than 28 days before the completion of the sale and assignment of the agreement, the occupier                           must provide the documents and other information to the proposed occupier not later than the chosen date.                  

(4)The documents and other information which may be prescribed in regulations under sub-paragraph (2) include in particular—                  

(a)a copy of the agreement;                  

(b)a copy of the site rules (within the meaning given by section 2C) (if any) for the protected site on which the mobile home                           is stationed;                  

(c)details of the pitch fee payable under the agreement;                  

(d)a forwarding address for the occupier;                  

(e)in a case within paragraph 7A, information about the requirement imposed by virtue of sub-paragraph (4) of that paragraph                           (obligation to notify owner of completion of sale and assignment);                  

(f)details of the commission which would be payable by the proposed occupier by virtue of paragraph 7A(5) or 7B(8);                  

(g)information about such requirements as are prescribed in regulations under paragraph 7A(7) or 7B(10).                  

(5)Documents or other information required to be provided under this paragraph may be either delivered to the prospective purchaser                           personally or sent by post.                  

(6)A claim that a person has broken the duty under sub-paragraph (2) or (3) may be made the subject of civil proceedings in like                           manner as any other claim in tort for breach of statutory duty.                  

(7)Regulations under sub-paragraph (2) must be made by statutory instrument and may—                  

(a)make different provision for different cases or descriptions of case, including different provision for different areas;                  

(b)contain incidental, supplementary, transitional or saving provisions.                  

(8)The first regulations to be made under sub-paragraph (2) are subject to annulment in pursuance of a resolution of either House                           of Parliament                  

(9)But regulations made under any other provision of this Act which are subject to annulment in pursuance of a resolution of                           either House of Parliament may also contain regulations made under sub-paragraph (2).                  

(10)In sub-paragraph (4)(c), “pitch fee” has the same meaning as in Chapter 2 of Part 1 of this Schedule (see paragraph 29 of that Chapter).”                  

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

#### 

“8A(1)This paragraph and paragraph 8B apply in relation to a protected site in England.                  

(2)Where the agreement is a new agreement (as defined by paragraph 7A(3)), provided that the occupier has supplied the owner                           with the relevant evidence, the occupier is entitled to give the mobile home, and to assign the agreement, to a member of                           the occupier's family (referred to in this paragraph as the “new occupier”) without the approval of the owner.                  

(3)The relevant evidence is—                  

(a)evidence, or evidence of a description, prescribed in regulations made by the Secretary of State that the person to whom the                           occupier proposes to give the mobile home, and to assign the agreement, is a member of the occupier's family, or                  

(b)any other satisfactory evidence that the person concerned is a member of the occupier's family.                  

(4)The new occupier must, as soon as reasonably practicable, notify the owner of the receipt of the mobile home and assignment                           of the agreement.                  

(5)The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile                           home, and the assignment of the agreement, as mentioned in sub-paragraph (2).                  

(6)The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier                           or the new occupier in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph                           (2).                  

#### 

8B(1)Where the agreement is not a new agreement (as defined by paragraph 7A(3)), the occupier is entitled to give the mobile home,                           and assign the agreement, to a member of the occupier's family (referred to in this paragraph as the “proposed occupier”) without the approval of the owner if—                  

(a)the occupier serves on the owner a notice (a “notice of proposed gift”) that the occupier proposes to give the mobile home                           to the proposed occupier, and                  

(b)the first or second condition is satisfied.                  

(2)The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of                           proposed gift (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a                           tribunal for an order preventing the occupier from giving the mobile home, and assigning the agreement, to the proposed occupier                           (a “refusal order”).                  

(3)The second condition is that—                  

(a)within the 21-day period—                  

(i)the owner applies to a tribunal for a refusal order, and                  

(ii)the occupier receives a notice of the application from the owner, and                  

(b)the tribunal rejects the application.                  

(4)If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of                           the application from the owner within that period—                  

(a)the application is to be treated as not having been made, and                  

(b)the first condition is accordingly to be treated as satisfied.                  

(5)A notice of proposed gift must include—                  

(a)the relevant evidence (as defined by paragraph 8A(3)), and                  

(b)such other information as may be prescribed in regulations made by the Secretary of State.                  

(6)A notice of proposed gift or notice of an application for a refusal order—                  

(a)must be in writing, and                  

(b)may be served by post.                  

(7)An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Secretary                           of State; and a notice of an application for a refusal order must specify the ground or grounds on which the application is                           made.                  

(8)The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile                           home, and the assignment of the agreement, as mentioned in sub-paragraph (1).                  

(9)The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier,                           a proposed occupier or the person to whom the mobile home is given in connection with the gift of the mobile home, and assignment                           of the agreement, as mentioned in sub-paragraph (1).                  

#### 

8C(1)Regulations under paragraph 8A or 8B must be made by statutory instrument and may—                  

(a)make different provision for different cases or descriptions of case, including different provision for different areas;                  

(b)contain incidental, supplementary, transitional or saving provisions.                  

(2)Regulations under paragraph 8A or 8B are subject to annulment in pursuance of a resolution of either House of Parliament.”                  

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

“(A1)This paragraph applies in relation to a protected site in Wales.”                  

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

### 11Implied terms: pitch feesE+W

(1)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.                  

(2)In paragraph 17 (review of pitch fee)—                  

(a)after sub-paragraph (2) insert—                  

“(2A)In the case of a protected site in England, a notice under sub-paragraph (2) which proposes an increase in the pitch fee is                           of no effect unless it is accompanied by a document which complies with paragraph 25A.”,                  

(b)in sub-paragraph (4)(a), after “the owner” insert “ or (in the case of a protected site in England) the occupier ”,                  

(c)after sub-paragraph (6) insert—                  

“(6A)In the case of a protected site in England, a notice under sub-paragraph (6)(b) which proposes an increase in the pitch fee                           is of no effect unless it is accompanied by a document which complies with paragraph 25A.”,                  

(d)in sub-paragraph (8)(a), after “the owner” insert “ or (in the case of a protected site in England) the occupier ”, and                  

(e)after sub-paragraph (10) insert—                  

“(11)Sub-paragraph (12) applies if a tribunal, on the application of the occupier of a pitch in England, is satisfied that—                  

(a)a notice under sub-paragraph (2) or (6)(b) was of no effect as a result of sub-paragraph (2A) or (6A), but                  

(b)the occupier nonetheless paid the owner the pitch fee proposed in the notice.                  

(12)The tribunal may order the owner to pay the occupier, within the period of 21 days beginning with the date of the order, the                           difference between—                  

(a)the amount which the occupier was required to pay the owner for the period in question, and                  

(b)the amount which the occupier has paid the owner for that period.”                  

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

(a)in sub-paragraph (1), after paragraph (a) insert—                  

“(aa)in the case of a protected site in England, any deterioration in the condition, and any decrease in the amenity, of the site                           or any adjoining land which is occupied or controlled by the owner since the date on which this paragraph came into force                           (in so far as regard has not previously been had to that deterioration or decrease for the purposes of this sub-paragraph);                  

(ab)in the case of a protected site in England, any reduction in the services that the owner supplies to the site, pitch or mobile                           home, and any deterioration in the quality of those services, since the date on which this paragraph came into force (in so                           far as regard has not previously been had to that reduction or deterioration for the purposes of this sub-paragraph);”,                  

(b)in that sub-paragraph, at the beginning of paragraph (b) insert “ in the case of a protected site in Wales, ”,                  

(c)in that sub-paragraph, omit the “and” following paragraph (b),                  

(d)in that sub-paragraph, after paragraph (b) insert—                  

“(ba)in the case of a protected site in England, any direct effect on the costs payable by the owner in relation to the maintenance                           or management of the site of an enactment which has come into force since the last review date; and”,                  

(e)in that sub-paragraph, at the beginning of paragraph (c) insert “ in the case of a protected site in Wales, ”, and                  

(f)after that sub-paragraph insert—                  

“(1A)But, in the case of a pitch in England, no regard shall be had, when determining the amount of the new pitch fee, to any costs                           incurred by the owner since the last review date for the purpose of compliance with the amendments made to this Act by the                           Mobile Homes Act 2013.”                  

(4)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—                  

“(4)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                           costs incurred by the owner in connection with—                  

(a)any action taken by a local authority under sections 9A to 9I of the Caravan Sites and Control of Development Act 1960 (breach                           of licence condition, emergency action etc.);                  

(b)the owner being convicted of an offence under section 9B of that Act (failure to comply with compliance notice).”                  

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

(a)before sub-paragraph (1) insert—                  

“(A1)In the case of a protected site in England, unless this would be unreasonable having regard to paragraph 18(1), there is a                           presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or                           decrease in the retail prices index calculated by reference only to—                  

(a)the latest index, and                  

(b)the index published for the month which was 12 months before that to which the latest index relates.                  

(A2)In sub-paragraph (A1), “the latest index”—                  

(a)in a case where the owner serves a notice under paragraph 17(2), means the last index published before the day on which that                           notice is served;                  

(b)in a case where the owner serves a notice under paragraph 17(6), means the last index published before the day by which the                           owner was required to serve a notice under paragraph 17(2).”, and                  

(b)in sub-paragraph (1), at the beginning insert “ In the case of a protected site in Wales, ”.                  

(6)After paragraph 25 insert—                  

#### 

“25A(1)The document referred to in paragraph 17(2A) and (6A) must—                  

(a)be in such form as the Secretary of State may by regulations prescribe,                  

(b)specify any percentage increase or decrease in the retail prices index calculated in accordance with paragraph 20(A1),                  

(c)explain the effect of paragraph 17,                  

(d)specify the matters to which the amount proposed for the new pitch fee is attributable,                  

(e)refer to the occupier's obligations in paragraph 21(c) to (e) and the owner's obligations in paragraph 22(c) and (d), and                  

(f)refer to the owner's obligations in paragraph 22(e) and (f) (as glossed by paragraphs 24 and 25).                  

(2)Regulations under this paragraph must be made by statutory instrument.                  

(3)The first regulations to be made under this paragraph are subject to annulment in pursuance of a resolution of either House                           of Parliament.                  

(4)But regulations made under any other provision of this Act which are subject to annulment in pursuance of a resolution of                           either House of Parliament may also contain regulations made under this paragraph.”                  

(7)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.                  

## OffencesE+W

### 12Protection against eviction and harassment, false information etc.E+W

(1)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.                  

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

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

(4)After subsection (1A) insert—                  

“(1AA)The owner of a protected site in England or the owner's agent is guilty of an offence under this section if, during the subsistence                           of a residential contract, the owner or (as the case may be) agent—                  

(a)knowingly or recklessly provides information or makes a representation which is false or misleading in a material respect                           to any person, and                  

(b)knows, or has reasonable cause to believe, that doing so is likely to cause—                  

(i)the occupier to do any of the things mentioned in subsection (1)(c)(i) or (ii), or                  

(ii)a person who is considering whether to purchase or occupy the caravan to which the residential contract relates to decide                           not to do so.”                  

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

### 13Increase in penalties for certain offences under the 1960 ActE+W

(1)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 “—                   

(2)(a)where the land in question is in England, to a fine not exceeding level 5 on the standard scale;

(b)where the land in question is in Wales,”.                  

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

(a)where the wilful obstruction occurs in relation to land in England, to a fine not exceeding level 4 on the standard scale;                  

(b)where the wilful obstruction occurs in relation to land in Wales,”.                  

### 14Offences by bodies corporate under the 1960 ActE+W

After section 26 of the Caravan Sites and Control of Development Act 1960 insert—

#### “26ALiability of officers of bodies corporate

(1)This section applies to an offence under this Act committed in relation to land in England.                  

(2)Where a body corporate commits an offence to which this section applies and it is proved that—                  

(a)the offence was committed with the consent or connivance of an officer of the body corporate, or                  

(b)the offence was attributable to neglect on the part of an officer of the body corporate,                  

the officer, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.                  

(3)In subsection (2), “officer” means—                  

(a)a director, manager, secretary or similar officer of the body corporate,                  

(b)in the case of a body corporate whose affairs are managed by its members, a member of the body corporate, or                  

(c)a person purporting to act in a capacity mentioned in paragraph (a) or (b).”                  

## Final provisionsE+W

### 15Commencement, transitional etc. provision, extent and short titleE+W

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

(2)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.                  

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

(4)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.                  

(5)This Act extends to England and Wales only.                  

(6)This Act may be cited as the Mobile Homes Act 2013.