OpenLegislation

Paragraph 20 E1F1

England and Wales

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

(F2A1)

F3Unless this would be unreasonable having regard to paragraph 18(1), there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the F4consumer prices index calculated by reference only to—

(a)

the latest index, and

(b)

the index published for the month which was 12 months before that to which the latest index relates.

(A2)

In sub-paragraph (A1), “the latest index”—

(a)

in a case where the owner serves a notice under paragraph 17(2), means the last index published before the day on which that notice is served;

(b)

in a case where the owner serves a notice under paragraph 17(6), means the last index published before the day by which the owner was required to serve a notice under paragraph 17(2).

F5(1)

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

(2)

Paragraph 18(3) above applies for the purposes of this paragraph as it applies for the purposes of paragraph 18.

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 paras. 20(A1)(A2) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(5)(a), 15(3) (with s. 11(7))

F3

Word in Sch. 1 Pt. I Ch. 2 para. 20(A1) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(j)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F4

Words in Sch. 1 Pt. 1 Ch. 2 para. 20(A1) substituted (E.W.) (2.7.2023) by Mobile Homes (Pitch Fees) Act 2023 (c. 11), ss. 1(2)(a), 3(2) (with s. 2)

F5

Sch. 1 Pt. I Ch. 2 paras. 20(1)(2) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(j)(ii) (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))