Explanatory note

Article 2 of this Order appoints 10 July 2013 as the day on which section 318 (protected mobile home sites to include sites for gypsies and travellers) of the Housing and Regeneration Act 2008 (“the 2008 Act”) and related repeals in Schedule 16 to that Act are brought into force in relation to Wales.

The commencement of section 318 will result in agreements in respect of pitches on local authority gypsy and traveller sites in Wales becoming subject to the Mobile Homes Act 1983 (“the 1983 Act”). This replicates what was achieved in England by the Housing and Regeneration Act 2008 (Commencement No. 8 and Transitional, Transitory and Saving Provisions) Order 2011^f1 which commenced section 318 of the 2008 Act in relation to England on 30 April 2011.

Articles 3 to 7 are transitional, transitory and saving provisions in relation to agreements for pitches on local authority gypsy and traveller sites. Article 3 saves the disapplication of certain provisions in relation to agreements for transit pitches. Broadly these disapplications mean that the 28 day time limit for providing a written statement, the right to seek a tribunal order in relation to the giving of a written statement, and the right to apply to the tribunal to amend the terms of such an agreement, do not apply to these agreements.

Article 4 provides that the 1983 Act shall apply to all agreements to station a mobile home on a local authority gypsy and traveller site in Wales which exist on the commencement of section 318 of the 2008 Act as it would apply to any such agreement made after the commencement. As a result, the terms set out in Schedule 1 to the 1983 Act, as inserted by the Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2013 will be implied to such agreements.

Article 5 disapplies, in relation to an existing agreement, certain provisions of sections 1 and 2 of, and Schedule 1 to, the 1983 Act (inserted into that Act by the Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2013).

Article 6 is a transitory provision which requires local authorities to give a written statement to the occupiers of permanent pitches within 28 days of the appointed day and it (and the Schedule to the Order) sets out what such a statement must include.

Article 7 is a general saving provision to ensure that rights and liabilities under existing agreements are not affected by the application of the 1983 Act to existing agreements.