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WELSH STATUTORY INSTRUMENTS


2007 No. 3164 (W.275)

HOUSING, WALES

The Mobile Homes (Written Statement) (Wales) Regulations 2007

  Made 5 November 2007 
  Laid before the National Assembly for Wales 7 November 2007 
  Coming into force 30 November 2007 

The Welsh Ministers [1] are, in relation to Wales, the appropriate national authority for the purposes of exercising the powers conferred by section 1(2)(e) of the Mobile Homes Act 1983[2] and make the following Regulations in exercise of those powers:

Title, commencement, and application
     1. —(1) The title of these Regulations is the Mobile Homes (Written Statement) (Wales) Regulations 2007 and they come into force on 30 November 2007.

    (2) These Regulations apply in relation to every written statement given after 30 November 2007 with respect to an agreement—

Interpretation
     2. In these Regulations—

Written statement: prescribed requirements
    
3. The requirements with which a written statement must comply for the purposes of section 1(2) of the 1983 Act (in addition to the requirements of section 1(2)(a) to (d) of the 1983 Act); are—

Revocation
    
4. The Mobile Homes (Written Statement) Regulations 1983[5] are revoked in relation to Wales.


Jocelyn Davies
Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

5 November 2007



SCHEDULE
Regulation 3


WRITTEN STATEMENT UNDER MOBILE HOMES ACT 1983


IMPORTANT — PLEASE READ THIS STATEMENT CAREFULLY AND KEEP IT IN A SAFE PLACE. IT SETS OUT THE TERMS ON WHICH YOU WILL BE ENTITLED TO KEEP YOUR MOBILE HOMES ON SITE AND TELLS YOU ABOUT THE RIGHTS WHICH WILL BE GIVEN TO YOU BY LAW. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND YOU SHOULD GET ADVICE (FOR EXAMPLE FROM A SOLICITOR OR A CITIZENS ADVICE BUREAU)



PART 1

Introductory Provisions and Express Terms (other than those specified in Part 5)









PART 2

Information about your rights

The Mobile Homes Act 1983
     1. Because you will have an agreement with a site owner which will entitle you to keep your mobile home on the owner's site and live in it as your home, you will have certain rights under the Mobile Homes Act 1983, affecting in particular your security of tenure, the sale of your home and the review of the pitch fee.

Implied terms
     2. These rights, which are contained in the implied terms set out in Part 3 of this statement, will apply automatically and cannot be overridden, so long as your agreement continues to be one to which the 1983 Act applies.

Express terms
     3. If you are not happy with any of the express terms of your proposed agreement (as set out in Part 5 of this statement) you should discuss them with the site owner, who may agree to change them.

Right to challenge
     4. If you enter into the agreement and subsequently become dissatisfied with the express terms of the agreement you can challenge them as explained in paragraph 5. But you must do so within six months of the date on which you enter into the agreement or the date you received the written statement, whichever is the later. If you wish to challenge your agreement, you may wish to consult a solicitor or citizens' advice bureau.

     5. A challenge can be made either in the county court or before an arbitrator. You can—

The site owner can also go to court or to an arbitrator to ask for the agreement to be changed in these two ways.

     6. The appointment of an arbitrator may be provided for in one of the express terms of the agreement. If not, you and the site owner can still agree in writing to appoint an arbitrator to settle a dispute between you.

     7. The court or arbitrator must make an order on terms they consider just and equitable in the circumstances.

Further terms
     8. The matters set out in Part 2 of Schedule 1 to the 1983 Act are—

Time limit
     9. If no application to the court or an arbitrator is made within six months of the date on which you entered into the agreement or the date you received the written statement, whichever is the later, both you and the site owner will be bound by the terms of the agreement and will not be able to change them unless both parties agree.

Unfair terms
     10. If you consider that any of the express terms of the proposed agreement (as set out in Part 5 of this statement) are unfair, you can, in accordance with the provisions of the Unfair Terms in Consumer Contracts Regulations 1999[
6], complain to the Office of Fair Trading or any qualifying body[7].



PART 3

Implied Terms

Under the 1983 Act, certain terms will be automatically included in your agreement. These implied terms are set out in Part 1 of Schedule 1 to the 1983 Act. This is set out below and includes the amendments made to Schedule 1 by the Housing Act 2004 and the Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007[8]. The numbering follows that used in the 1983 Act as amended by the 2004 Act and the 2007 Order.





PART 4

Supplementary Provisions

Part 3 of Schedule 1 to the 1983 Act sets out provisions which supplement those in Part 1 of Schedule 1. These are set out below.





PART 5

Express terms of the agreement

This part of the written statement sets out other terms of the agreement which may be agreed between you and the site owner in addition to the implied terms.

(Terms to be inserted by site owner.)



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations replace the Mobile Homes (Written Statement) Regulations 1983, which are revoked to the extent that they apply to Wales.

Section 1(2) of the Mobile Homes Act 1983 ("the 1983 Act") provides that, before an agreement to which section 1 of the 1983 Act applies is entered into, the owner of the site must give to the proposed occupier of the mobile home a written statement. Section 1 applies to all agreements under which a person is entitled to station a mobile home on a protected site and occupy it as that person's only or main residence. A protected site is defined in section 5(1) of the 1983 Act.

Section 1(2)(a) to (d) of the 1983 Act requires the written statement to:

Regulation 3 of these Regulations requires the written statement to contain material, in addition to that required by section 1(2)(a) to (d), and to be in the form set out in the Schedule. The Schedule consists of five Parts:

These Regulations apply in relation to written statements given after 30 November 2007 as regards protected sites in Wales.


Notes:

[1] The functions of the National Assembly for Wales are vested in the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedeule 11 to the Government of Wales Act 2006 (c.32).back

[2] 1983 c.34. Section 1 was substituted by section 206(1) of the Housing Act (c.34). In relation to Wales, the appropriate national authority is the National Assembly for Wales; see the definition of the "appropriate national authority" in section 5(1) of the 1983 Act, as amended by section 206(3) of the 2004 Act.back

[3] For the definition of "mobile home", see section 5(1) of the Mobile Homes Act 1983.back

[4] For the definition of "protected site", see section 5(1) of the Mobile Homes Act 1983.back

[5] S.I. 1983/749.back

[6] S.I. 1999/2083.back

[7] For the definition of "qualifying body" see S.I. 1999/2083.back

[8] S.I. 2007/3151 (W.268).back

[9] For the meaning of "the court", see section 5(1) of the Mobile Homes Act 1983.back



ISBN 978 0 11 091663 7


 © Crown copyright 2007

Prepared 20 November 2007


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URL: http://www.bailii.org/wales/legis/num_reg/2007/20073164e.html