Article 6 Existing agreements: local authority’s duty to provide a written statement

(1)

In relation to an existing agreement in respect of a pitch which, by virtue of this Order, becomes a permanent pitch, the local authority must within the period of 28 days beginning with the commencement date give to the other party to the agreement a written statement which complies with the following paragraphs.

(2)

The written statement must—

(a)

specify the names and addresses of the parties,

(b)

include particulars of the pitch that are sufficient to identify it,

(c)

set out the express terms contained in the agreement,

(d)

set out the terms to be implied terms by virtue of the application of the 1983 Act to the agreement, and

(e)

be in the form set out in the Schedule to this Order or a form substantially to the same effect.

(3)

Subject to paragraph (4), if any express term—

(a)

is contained in the agreement, but

(b)

was not set out in a written statement given to the other party in accordance with paragraph (1),

the term is unenforceable by the local authority or any person within section 3(1) of the 1983 Act.

(4)

Where the local authority fails to give the other party to the agreement a written statement in accordance with paragraph (1), the other party may, at any time after the 28 days mentioned in that paragraph has expired, apply to a tribunal for an order requiring the local authority—

(a)

to give the person a written statement which complies with paragraph (2)(a) to (e), and

(b)

to do so not later than such date as is specified in the order.

(5)

In paragraph (4) “tribunal” has the same meaning as in the 1983 Act and a tribunal’s jurisdiction under that paragraph is to be treated as jurisdiction under the 1983 Act.

(6)

A statement required to be given to a person under this article may be either delivered to them personally or sent by post.

(7)

A written statement under this article is not to be treated as a written statement for the purposes of section 1 or 2 of the 1983 Act.

(8)

A written statement under this article is to be treated as a written statement for the purposes of Chapter 4 of Part 1 of Schedule 1 to the 1983 Act.