Explanatory note

These Regulations make detailed provision in relation to the selling and gifting of mobile homes and the assignment of agreements under provisions in Part 4 of the Mobile Homes (Wales) Act 2013 (“the 2013 Act”).

Regulation 3 prescribes the information and documents which the occupier of a mobile home must provide to a prospective purchaser (referred to as “the proposed occupier”) before a sale can be completed. Schedule 1 prescribes the form in which that information must be provided.

Regulations 4 (in relation to sales) and 5 (in relation to gifts) prescribe the information that an occupier must provide to the site owner in cases where the agreement which the occupier proposes to assign is not a new agreement (“new agreement” is defined in paragraph 9(2) of Chapter 2 of Part 1 of Schedule 2 to the 2013 Act). Schedules 2 and 3 prescribe the forms to be used when providing that information to a site owner.

Where the occupier of a mobile home proposes to give the mobile home and assign the agreement to a member of their family (as defined in section 55(3) of the 2013 Act), they must supply the site owner with the ‘relevant evidence’ (as defined in paragraph 12(2) of Chapter 2 of Part 1 of Schedule 2 to the 2013 Act). Pursuant to the power in paragraph 12(2)(a), regulation 6 prescribes certain types of evidence that will constitute the ‘relevant evidence’. Pursuant to paragraph 12(2)(b) the ‘relevant evidence’ is also any other satisfactory evidence that the person concerned is a member of the occupier’s family.

Regulation 7 prescribes the grounds on which a site owner may apply to the tribunal for an order preventing the occupier from selling or gifting the mobile home (as the case may be), and assigning the agreement, to the proposed occupier (a “refusal order”). The right to apply for a refusal order only arises in cases where the agreement is not a new agreement.

Regulation 8 prescribes the maximum amount of commission payable to the site owner by the new occupier on the sale of a mobile home.

Regulation 9 (and Schedules 4 and 5) contain the procedural requirements to be complied with by the parties in connection with the assignment of the agreement, and regulation 10 specifies the procedural requirements to be complied with in connection with the payment of commission.

Regulation 11 provides that where a rule made by the owner prior to 1 October 2014 relates to the sale of a mobile home, it will be of no effect in so far as it makes provision in relation to any of the matters specified in that regulation.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a Regulatory Impact Assessment as to the likely costs and benefits of complying with these Regulations. The Impact Assessment prepared for the Mobile Homes (Wales) Bill 2013 is relevant and a copy may be obtained from the Department of Housing, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ.