OpenLegislation

Paragraph 17 E1F1

England and Wales

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

(1)

The pitch fee shall be reviewed annually as at the review date.

(2)

At least 28 clear days before the review date the owner shall serve on the occupier a written notice setting out his proposals in respect of the new pitch fee.

(F22A)

F3A notice under sub-paragraph (2) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.

(3)

If the occupier agrees to the proposed new pitch fee, it shall be payable as from the review date.

(4)

If the occupier does not agree to the proposed new pitch fee—

(a)

the owner F4F5... the occupier may apply to the F6appropriate judicial body for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b)

the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the appropriate judicial body under paragraph 16(b); and

(c)

the new pitch fee shall be payable as from the review date but the occupier shall not be treated as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the appropriate judicial body order determining the amount of the new pitch fee.

(5)

An application under sub-paragraph (4)(a) may be made at any time after the end of the period of 28 days beginning with the review date F7but F8... no later than three months after the review date.

(6)

Sub-paragraphs (7) to (10) apply if the owner—

(a)

has not served the notice required by sub-paragraph (2) by the time by which it was required to be served, but

(b)

at any time thereafter serves on the occupier a written notice setting out his proposals in respect of a new pitch fee.

(F96A)

F10A notice under sub-paragraph (6)(b) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.

(7)

If (at any time) the occupier agrees to the proposed pitch fee, it shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(8)

If the occupier has not agreed to the proposed pitch fee—

(a)

the owner F11or F12... the occupier may apply to the appropriate judicial body for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b)

the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the appropriate judicial body under paragraph 16(b); and

(c)

if the appropriate judicial body makes such an order, the new pitch fee shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(9)

An application under sub-paragraph (8) may be made at any time after the end of the period of 56 days beginning with date on which the owner serves the notice under sub-paragraph (6)(b) F13but F14... no later than four months after the date on which the owner serves that notice.

(F159A)

A tribunal may permit an application under sub-paragraph (4)(a) or (8)(a) F16... to be made to it outside the time limit specified in sub-paragraph (5) (in the case of an application under sub-paragraph (4)(a)) or in sub-paragraph (9) (in the case of an application under sub-paragraph (8)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.

(10)

The occupier shall not be treated as being in arrears—

(a)

where sub-paragraph (7) applies, until the 28th day after the date on which the new pitch fee is agreed; or

(b)

where sub-paragraph (8)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the appropriate judicial body order determining the amount of the new pitch fee.

(F1711)

Sub-paragraph (12) applies if a tribunal, on the application of the occupier of a pitch F18..., is satisfied that—

(a)

a notice under sub-paragraph (2) or (6)(b) was of no effect as a result of sub-paragraph (2A) or (6A), but

(b)

the occupier nonetheless paid the owner the pitch fee proposed in the notice.

(12)

The tribunal may order the owner to pay the occupier, within the period of 21 days beginning with the date of the order, the difference between—

(a)

the amount which the occupier was required to pay the owner for the period in question, and

(b)

the amount which the occupier has paid the owner for that period.

Annotations

Textual amendments

F1

Sch. 1 Pt. 1 paras. 10-29 and cross-headings substituted for Sch. 1 Pt. 1 para. 10 and cross-heading (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(6) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(6) (with arts. 1(2)(3), 4)

F2

Sch. 1 Pt. I Ch. 2 para. 17(2A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(a), 15(3) (with s. 11(7))

F3

Word in Sch. 1 Pt. I Ch. 2 para. 17(2A) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F4

Words in Sch. 1 Pt. I Ch. 2 para. 17(4)(a) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F5

Words in Sch. 1 Pt. I Ch. 2 para. 17(4)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(b), 15(3) (with s. 11(7))

F6

Words in Sch. 1 Pt. I Ch. 2 para. 17 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(7)(i)(i) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(j)(i) (with art. 5)

F7

Words in Sch. 1 Pt. I Ch. 2 para. 17(5) inserted (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(7)(i)(ii)

F8

Words in Sch. 1 Pt. I Ch. 2 para. 17(5) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(j)(ii) (with art. 5)

F9

Sch. 1 Pt. I Ch. 2 para. 17(6A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(c), 15(3) (with s. 11(7))

F10

Word in Sch. 1 Pt. I Ch. 2 para. 17(6A) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(iii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F11

Words in Sch. 1 Pt. I Ch. 2 para. 17(8)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(d), 15(3) (with s. 11(7))

F12

Words in Sch. 1 Pt. I Ch. 2 para. 17(8)(a) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(iv) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F13

Words in Sch. 1 Pt. I Ch. 2 para. 17(9) inserted (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(7)(i)(iii)

F14

Words in Sch. 1 Pt. I Ch. 2 para. 17(9) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(j)(iii) (with art. 5)

F15

Sch. 1 Pt. I Ch. 2 para. 17(9A) inserted (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(7)(i)(iv)

F16

Words in Sch. 1 Pt. I Ch. 2 para. 17(9A) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(j)(iv) (with art. 5)

F17

Sch. 1 Pt. I Ch. 2 paras. 17(11)(12) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(e), 15(3) (with s. 11(7))

F18

Words in Sch. 1 Pt. I Ch. 2 para. 17(11) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(v) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Extent

E1

This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Notes on Chapter 2

Textual amendments

F1

Sch. 1 Pt. 1 renumbered as Sch. 1 Pt. 1 Ch. 2 (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. 2 (with art. 1(3))

F2

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

F3

Words in Sch. 1 Pt. I Ch. 2 heading omitted (10.7.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013 (S.I. 2013/1723), arts. 1(1), 2(3)(a) (with art. 1(3))