Caravan Sites Act 1968 in Scotland

This Part of this Act applies in relation to any licence or contract (whether made before or after the passing of this Act) under which a person is entitled to station a caravan on a protected site (as defined by subsection (2) below) and occupy it as his residence, or to occupy as his residence a caravan stationed on any such site; and any such licence or contract is in this Part referred to as a residential contract, and the person so entitled as the occupier.

For the purposes of this Part of this Act a protected site is any land F1 in England in respect of which a site licence is required under Part I of the M1Caravan Sites and Control of Development Act 1960 or would be so required if F2paragraph 11 F3or 11A of Schedule 1 to that Act (exemption of gypsy and other of Schedule 1 to that Act (exemption of local authority sites) were omitted, not being land in respect of which the relevant planning permission or site licence—

References in this Part of this Act to the owner of a protected site are references to the person who is or would apart from any residential contract be entitled to possession of the land.

If in proceedings by the owner of a protected site the court makes an order for enforcing in relation thereto any such right as is mentioned in paragraph (b) of subsection (1) of section 3 of this Act, the court may (without prejudice to any power apart from this section to postpone the operation or suspend the execution of an order, and subject to the following provisions of this section) suspend the enforcement of the order for such period not exceeding twelve months from the date of the order as the court thinks reasonable.

Where the court by virtue of this section suspends the enforcement of an order, it may impose such terms and conditions, including conditions as to the payment of rent or other periodical payments or of arrears of such rent or payments, as the court thinks reasonable.

The court may from time to time, on the application of either party, extend, reduce or terminate the period of suspension ordered by virtue of this section, or vary any terms or conditions imposed thereunder, but shall not extend the period of suspension for more than twelve months at a time.

In considering whether or how to exercise its powers under this section, the court shall have regard to all the circumstances, and in particular to the questions—

Where the court makes such an order as is mentioned in subsection (1) of this section but suspends the enforcement of that order by virtue of this section, the court shall make no order for costs unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

F1The court shall not suspend the enforcement of an order by virtue of this sectionF2 if—

if—

and where a site licence in respect of the site is expressed to expire at the end of a specified period, the period for which enforcement may be suspended by virtue of this section shall not extend beyond the expiration of the licence.

A structure designed or adapted for human habitation which—

shall not be treated as not being (or as not having been) a caravan within the meaning of Part I of the M1Caravan Sites and Control of Development Act 1960 by reason only that it cannot lawfully be so moved on a F1highway road when assembled.

For the purposes of Part I of the Caravan Sites and Control of Development Act 1960, the expression “caravan” shall not include a structure designed or adapted for human habitation which falls within paragraphs (a) and (b) of the foregoing subsection if its dimensions when assembled exceed any of the following limits, namely—

The F8Minister Secretary of State may by order made by statutory instrument after consultation with such persons or bodies as appear to him to be concerned substitute for any figure mentioned in subsection (2) of this section such other figure as may be specified in the order.

Any statutory instrument made by virtue of subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who is purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Proceedings for an offence under this Act may be instituted by any local authority.

This Act may be cited as the Caravan Sites Act 1968.

This Act, except Part II, shall come into force at the expiration of the period of one month beginning with the day on which it is passed, and Part II shall come into force on such date as the Minister may by order made by statutory instrument appoint.

Part I and sections 13, 14(1), 16 subsection (1) above and this subsection shall extend to Scotland as read with section 8 of and the Schedule to the M1Mobile Homes Act 1975, but otherwise this Act does not extend to Scotland or Northern Ireland.