OpenLegislation

Section 1 Prohibition of use of land as caravan site without site licence.

England, Wales and Scotland

(1)

Subject to the provisions of this Part of this Act, no occupier of land shall after the commencement of this Act cause or permit any part of the land to be used as a caravan site unless he is the holder of a site licence (that is to say, a licence under this Part of this Act authorising the use of land as a caravan site) for the time being in force as respects the land so used.

F1(1A)

Subsection (1) does not apply in relation to a regulated site within the meaning of the Mobile Homes (Wales) Act 2013.

C1(2)

If the occupier of any land contravenes subsection (1) of this section he shall be guilty of an offence and liable on summary convictionF2—

(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,

in the case of the first offence to a fine not exceeding F3one hundred poundslevel 4 on the standard scale, and, in the case of a second or subsequent offence, to a fine not exceeding two hundred and fifty poundslevel 4 on the standard scale.

(3)

In this Part of this Act the expression “occupier” means, in relation to any land, the person who, by virtue of an estate or interest therein held by him, is entitled to possession thereof or would be so entitled but for the rights of any other person under any licence granted in respect of the land:

Provided that where land amounting to not more than four hundred square yards in area is let under a tenancy entered into with a view to the use of the land as a caravan site, the expression “occupier” means in relation to that land the person who would be entitled to possession of the land but for the rights of any person under that tenancy.

(4)

In this Part of this Act the expression “caravan site” means land on which a caravan is stationed for the purposes of human habitation and land which is used in conjunction with land on which a caravan is so stationed.

Annotations

Textual amendments

F1

S. 1(1A) inserted (E.W.) (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 1(2) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

F2

S. 1(2)(a)(b) inserted (E.W.) (1.4.2014 for E.) by Mobile Homes Act 2013 (c. 14), ss. 13(1), 15(2); S.I. 2014/816, art. 2 (with art. 3)

F3

Words “level 4 on the standard scale” substituted (S.) for words “one hundred pounds” and “two hundred and fifty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

Modifications

C1

Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Notes on Part I

Modifications

C1

Pt. I extended by London Government Act 1963 (c. 33), Sch. 17 para. 21(1)

C2

Pt. I (ss. 1–32) applied (E.W.) by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 31(7), 66(7)

C3

Pt. I (ss. 1-32) definition of caravan applied by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2; 103:2), s. 2(3)(as amended by Caravans (Standard Community Charge and Rating) Act 1991 (c. 2, SIF 81:1,2), s. 2(1))

C4

Pt. I (ss. 1-32) applied (E.W.) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 7(6) (with s. 118(1)(2)(4)).

C5

Pt. I: power to disapply conferred (W.) (28.4.2026) by Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026 (asc 10), ss. 57(2)(b), 61(1)