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Paragraph 16 The pitch feeF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

When determining the amount of the new pitch fee particular regard must be had to—

(a)

any sums expended by the owner since the last review date on improvements—

(i)

which are for the benefit of the occupiers of mobile homes on the protected site;

(ii)

which were the subject of consultation in accordance with paragraph 20(f) and (g); and

(iii)

to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, F2the courta tribunal, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

(b)

any decrease in the amenity of the protected site since the last review date; and

(c)

the effect of any enactment which has come into force since the last review date.

(2)

F3When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.

F4(2A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.

Annotations

Textual amendments

F1

Sch. 1 Pt. I Chs. 3, 4 inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 1 para. 4 (with art. 1(3))

F2

Words in Sch. 1 Pt. I Ch. 4 para. 16(1)(a)(iii) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(8)(g)

F3

Word in Sch. 1 Pt. I Ch. 4 para. 16(2) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(n)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F4

Sch. 1 Pt. I Ch. 4 para. 16(2A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(n)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Notes on Chapter 4

Textual amendments

F2

Words in Sch. 1 Pt. I Ch. 4 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(k) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)