The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014
S.I. 2014/1900 · Made 17 July 2014
Tribunals And Inquiries, England And Wales
Made 17th July 2014
Coming into force in accordance with article 1
The Lord Chancellor makes the following order in the exercise of the powers conferred by sections 30(1)(e) and (4), 31(9) and 42(1) of the Tribunals, Courts and Enforcement Act 2007f1.
The Lord Chancellor has, as regards the provisions of the Order made under section 42(1) of that Act, consulted the Senior President of Tribunals in accordance with section 42(5) of that Act and has obtained the consent of the Treasury in accordance with section 42(6) of that Act.
A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 49(5) of that Act.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Amendments to the jurisdiction of residential property tribunal
- 3Consequential and miscellaneous provisions
- Signature
- Schedule 1: Consequential Amendments of Primary Legislation
- 1Caravan Sites and Control of Development Act 1960
- 2Caravan Sites and Control of Development Act 1960
- 3Caravan Sites and Control of Development Act 1960
- 4Caravan Sites and Control of Development Act 1960
- 5Caravan Sites and Control of Development Act 1960
- 6Caravan Sites and Control of Development Act 1960
- 7Caravan Sites and Control of Development Act 1960
- 8Caravan Sites and Control of Development Act 1960
- 9Caravan Sites and Control of Development Act 1960
- 10Caravan Sites and Control of Development Act 1960
- 11Caravan Sites and Control of Development Act 1960
- 12Housing Act 2004
- 13Housing Act 2004
- 14Housing Act 2004
- 15Housing Act 2004
- 16Housing Act 2004
- 17Mobile Homes Act 2013
- Schedule 2: Consequential and Miscellaneous Amendments of Subordinate Legislation
- 1The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
- 2The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
- 3The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
- 4The First-tier Tribunal (Property Chamber) Fees Order 2013
- 5The First-tier Tribunal (Property Chamber) Fees Order 2013
- 6The First-tier Tribunal (Property Chamber) Fees Order 2013
- Explanatory note
1Citation and commencement
This Order may be cited as the Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014 and comes into force on the day after the date on which the Order is made.
2Amendments to the jurisdiction of residential property tribunal
The functions conferred by and under the Caravan Sites and Control of Development Act 1960f1 on a residential property tribunal are transferred to the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules in relation to any particular case, the Upper Tribunal.
3Consequential and miscellaneous provisions
Schedule 1 (consequential amendments of primary legislation) has effect.
Schedule 2 (consequential and miscellaneous amendments of subordinate legislation) has effect.
Signature
Signed by the authority of the Lord Chancellor
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
14th July 2014
We consent,
John Penrose
David Evennett
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2014
1Caravan Sites and Control of Development Act 1960
The Caravan Sites and Control of Development Act 1960f1 is amended as follows.
2Caravan Sites and Control of Development Act 1960
In section 3 (application for site licence), in subsection (5C)(a)f1, for “a residential property tribunal” substitute “the tribunal”.
3Caravan Sites and Control of Development Act 1960
In section 5A (relevant protected sites: annual fee)f1—
in subsection (3), for “a residential property tribunal” substitute “the tribunal”;
in subsection (4), for “a residential property tribunal” substitute “the tribunal”.
4Caravan Sites and Control of Development Act 1960
In section 7 (appeals against conditions attached to site licence)f1—
in subsection (1), for “a residential property tribunal” substitute “the tribunal”;
in subsection (1A), for “a residential property tribunal” substitute “the tribunal”.
5Caravan Sites and Control of Development Act 1960
In section 8 (power of local authority to alter conditions attached to site licences)f1—
in subsection (2), for “a residential property tribunal” substitute “the tribunal”;
in subsection (4), for “a residential property tribunal” substitute “the tribunal”.
6Caravan Sites and Control of Development Act 1960
In section 9A (breach of condition: relevant protected sites in England)f1, in subsection (3), for “a residential property tribunal” substitute “the tribunal”.
7Caravan Sites and Control of Development Act 1960
In section 9E (power to take emergency action)f1, in subsection (9), for “a residential property tribunal” substitute “the tribunal”.
8Caravan Sites and Control of Development Act 1960
In section 9F (action under section 9D or 9E: power to demand expenses), in subsection (7), for “a residential property tribunal” substitute “the tribunal”.
9Caravan Sites and Control of Development Act 1960
In section 9G (appeals under section 9A, 9E or 9F)f1, in subsection (3), for “A residential property tribunal” substitute “The tribunal”.
10Caravan Sites and Control of Development Act 1960
In section 10 (transfer of site licence), in subsection (1E)f1, in paragraph (a), for “a residential property tribunal” substitute “the tribunal”.
11Caravan Sites and Control of Development Act 1960
In section 29 (Interpretation of Part 1), at the end of subsection (1), after the definition of “the Minister” insert—
““tribunal” means the First-tier Tribunal or where determined by or under Tribunal Procedure Rules, the Upper Tribunal.”.
12Housing Act 2004
The Housing Act 2004f1 is amended as follows.
13Housing Act 2004
In section 231A (additional powers of First-tier Tribunal and Upper Tribunal)—
in subsection (1), after “by or under” insert “the Caravan Sites and Control of Development Act 1960,”;
after subsection (3), insert—
“(3A)When exercising jurisdiction under the Caravan Sites and Control of Development Act 1960, the directions which may be given by a tribunal under its general power include (where appropriate) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.”.
14Housing Act 2004
In section 231B (transfer from court to First-tier Tribunal), in subsection (4) after “in this Act” insert “, in the Caravan Sites and Control of Development Act 1960”.
15Housing Act 2004
In section 231C (appeals from the First-tier Tribunal), before paragraph (a) of subsection (1) insert—
“(za)the Caravan Sites and Control of Development Act 1960,”.
16Housing Act 2004
In section 231D (enforcement), after “in connection with” insert “the Caravan Sites and Control of Development Act 1960,”.
17Mobile Homes Act 2013
In section 8 (requirement for manager of site to be fit and proper person)f1 of the Mobile Homes Act 2013, in the inserted new sections 12A to 12E of the Caravan Sites and Control of Development Act 1960—
in section 12A(2) (requirement for fit and proper person), for “a residential property tribunal” substitute “the tribunal”;
in section 12C(7) (application for inclusion in register), for “a residential property tribunal” substitute “the tribunal”;
in section 12D(5)(a) (removal from register, variation of conditions etc), for “a residential property tribunal” substitute “the tribunal”.
1The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997f1 are amended as follows.
2The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
In regulation 3 (prescribed forms), in paragraph (b), for “rent assessment committee” substitute “tribunal”.
3The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
The Schedule (forms prescribed for the purposes of Part 1 of the Housing Act 1988) is amended as follows.
In Form No. 1—
in the instructions preceding paragraph 1, for “a rent assessment panel” substitute “the tribunal”;
after the final instruction preceding paragraph 1, insert—
“Note: If your property is in England, “tribunal” means the First-tier Tribunal or the Upper Tribunal. If your property is in Wales, “tribunal” means a rent assessment committee.”;
in the instructions headed “What to do if this notice is served on you”—
for “your local rent assessment committee” substitute “the tribunal”;
for “to a Rent Assessment Committee” substitute “to a Tribunal”;
for “a rent assessment panel” substitute “the tribunal”;
for “The rent assessment committee” substitute “The tribunal”.
In the heading to Form No. 2, for “Rent Assessment Committee” substitute “Tribunal”.
In Form No. 2—
in the instructions preceding paragraph 1—
for “your local rent assessment panel” substitute “the tribunal”;
at the end of those instructions, insert—
“Note: If your property is in England, “tribunal” means the First-tier Tribunal or the Upper Tribunal. If your property is in Wales, “tribunal” means a rent assessment committee.”;
in paragraph 11(a) and (b) for “rent assessment committee” substitute “tribunal”.
In Form No. 4Bf1—
in the Guidance notes for tenants—
in paragraph 3, for “your local rent assessment committee” substitute “the tribunal”;
for paragraph 4, substitute—
“To refer the notice to the tribunal, you must use the form Application referring a notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy to a Tribunal. You can obtain this from the tribunal or a legal stationer.”;
in paragraph 5—
for “rent assessment committee” substitute “tribunal”;
for “committee”, in both places, substitute “tribunal”;
after paragraph 5, insert—
“5A In these Guidance notes for agricultural occupants, the “tribunal” means the First-tier Tribunal or the Upper Tribunal.”;
in the Guidance notes for landlords, in paragraph 9, for “a rent assessment panel” substitute ”the First-tier Tribunal”.
In Form No. 4C—
in the Guidance notes for agricultural occupants—
in paragraph 3, for “your local rent assessment committee” substitute “the tribunal”;
for paragraph 4 substitute—
“To refer the notice to the tribunal, you must use the form Application referring a notice proposing a new rent under the Assured Periodic Tenancy or Agricultural Occupancy to a Tribunal. You can obtain this from the tribunal or a legal stationer.”;
in paragraph 5—
for “rent assessment committee” substitute “tribunal”;
for “committee”, in both places, substitute “tribunal”;
after paragraph 5 insert—
“5A In these Guidance notes for agricultural occupants, the “tribunal” means the First-tier Tribunal or the Upper Tribunal.”;
in the Guidance notes for landlords, in paragraph 9, for “a rent assessment panel” substitute “the First-tier Tribunal”.
In Form No. 5, in paragraph 12(a) and (b), for “rent assessment committee”, in both places substitute “tribunal”.
4The First-tier Tribunal (Property Chamber) Fees Order 2013
Schedule 1 (fees to be taken) to the First-tier Tribunal (Property Chamber) Fees Order 2013f1 is amended as follows.
5The First-tier Tribunal (Property Chamber) Fees Order 2013
For entry 3 in the left hand column substitute “Applications and appeals in respect of mobile homes and caravan sites”.
6The First-tier Tribunal (Property Chamber) Fees Order 2013
After entry 3.1Bf1, insert—
“
3.1C On an appeal under section 7(1) of the Caravan Sites and Control of Development Act 1960 (appeal against conditions attached to a site licence) £155 3.1D On an appeal under section 8(2) of the Caravan Sites and Control of Development Act 1960 (appeal against alteration of conditions attached to site licence or a refusal of a local authority to vary conditions) £155 3.1E On an appeal under section 9A(3) of the Caravan Sites and Control of Development Act 1960 (appeal against a compliance notice) £155 3.1F On an appeal under section 9E(9) of the Caravan Sites and Control of Development Act 1960 (appeal against local authority taking emergency action) £155 3.1G On an appeal under section 9F(7) of the Caravan Sites and Control of Development Act 1960 (appeal against a demand for recovery of expenses in connection with emergency action or works in default) £155 3.1H On an appeal under regulation 6 of the Mobile Homes (Site Licensing) (England) Regulations 2014f2 (appeal against a local authority’s decision not to issue, or consent to the transfer of, a caravan site licence in respect of a relevant protected site) £155 ”
Explanatory note
(This note is not part of the Order)
This Order transfers into the unified tribunal structure further jurisdiction conferred on a residential property tribunal in England by the Mobile Homes Act 2013 (c. 14). Residential property tribunals were constituted from rent assessment committees which were added as scheduled tribunals in 2013 by the Amendments to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2013 (S.I. 2013/1034) and transferred into the unified tribunal structure by the Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036).
Schedule 1 makes consequential amendments to the Caravan Sites and Control of Development Act 1960 (c. 62) (“the 1960 Act”), which the Mobile Homes Act 2013 amended. The effect is that as regards land in England, the jurisdiction and powers of a residential property tribunal are transferred to the First-tier Tribunal or, if Tribunal Procedure Rules so determine, the Upper Tribunal.
Schedule 2 makes further consequential amendments to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (S.I. 1997/194), which were omitted from the Transfer of Tribunal Functions Order 2013. It also amends the First-tier Tribunal (Fees) Order 2013 (S.I. 2013/1179) to prescribe the fees payable in the First-tier Tribunal in certain appeals under the 1960 Act.