Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (implied terms in pitch agreements except those relating to pitches in England on certain gypsy and traveller sites) is amended as follows.
In paragraph 17 (review of pitch fee)—
after sub-paragraph (2) insert—2AIn the case of a protected site in England, a 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.,
in sub-paragraph (4)(a), after "the owner" insert ," or (in the case of a protected site in England) the occupier "
after sub-paragraph (6) insert—6AIn the case of a protected site in England, a 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.,
in sub-paragraph (8)(a), after "the owner" insert , and" or (in the case of a protected site in England) the occupier "
after sub-paragraph (10) insert—11Sub-paragraph (12) applies if a tribunal, on the application of the occupier of a pitch in England, is satisfied that—aa notice under sub-paragraph (2) or (6)(b) was of no effect as a result of sub-paragraph (2A) or (6A), butbthe occupier nonetheless paid the owner the pitch fee proposed in the notice.12The 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—athe amount which the occupier was required to pay the owner for the period in question, andbthe amount which the occupier has paid the owner for that period.
In paragraph 18 (matters to which to have particular regard when determining new pitch fee)—
in sub-paragraph (1), after paragraph (a) insert—aain the case of a protected site in England, any deterioration in the condition, and any decrease in the amenity, of the site or any adjoining land which is occupied or controlled by the owner since the date on which this paragraph came into force (in so far as regard has not previously been had to that deterioration or decrease for the purposes of this sub-paragraph);abin the case of a protected site in England, any reduction in the services that the owner supplies to the site, pitch or mobile home, and any deterioration in the quality of those services, since the date on which this paragraph came into force (in so far as regard has not previously been had to that reduction or deterioration for the purposes of this sub-paragraph);,
in that sub-paragraph, at the beginning of paragraph (b) insert ," in the case of a protected site in Wales, "
in that sub-paragraph, omit the "and" following paragraph (b),
in that sub-paragraph, after paragraph (b) insert—bain the case of a protected site in England, any direct effect on the costs payable by the owner in relation to the maintenance or management of the site of an enactment which has come into force since the last review date; and,
in that sub-paragraph, at the beginning of paragraph (c) insert , and" in the case of a protected site in Wales, "
after that sub-paragraph insert—1ABut, in the case of a pitch in England, no regard shall be had, when determining the amount of the new pitch fee, to any costs incurred by the owner since the last review date for the purpose of compliance with the amendments made to this Act by the Mobile Homes Act 2013.
In paragraph 19 (certain costs of owner to be disregarded when determining new pitch fee), after sub-paragraph (3) (inserted by section 1(8)) insert—
In paragraph 20 (effect of changes in RPI on amount of pitch fee)—
before sub-paragraph (1) insert—A1In the case of a protected site in England, unless 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 retail prices index calculated by reference only to—athe latest index, andbthe index published for the month which was 12 months before that to which the latest index relates.A2In sub-paragraph (A1), "the latest index"—ain 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;bin 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)., and
in sub-paragraph (1), at the beginning insert ." In the case of a protected site in Wales, "
After paragraph 25 insert—
The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 applies that was made before the commencement of this section, as well as in relation to one made on or after that commencement.