The Mobile Homes (Written Statement) (Scotland) Regulations 2013

Made: 30th May 2013

Laid before the Scottish Parliament: 31st May 2013

Coming into force: 1st September 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(2)(e) of the Mobile Homes Act 1983[^f00001].

Citation, commencement and application

1

• (1) These Regulations may be cited as the Mobile Homes (Written Statement) (Scotland) Regulations 2013 and come into force on 1st September 2013.

• (2) These Regulations apply in relation to any written statement given on or after 1st September 2013 with respect to an agreement to which the 1983 Act applies in Scotland.

Interpretation

2

In these Regulations—

• “the 1983 Act” means the Mobile Homes Act 1983;

• “written statement” means the written statement that the owner of a protected site is required by section 1(2) of the 1983 Act (particulars of agreements) to give to the proposed occupier.

Written statement: prescribed requirements

3

The requirement 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) is that it must be in the form set out in the Schedule to these Regulations or a form substantially to the same effect.

Revocation

4

The Mobile Homes (Written Statement) Regulations 1983[^f00002] are revoked in relation to Scotland.

SCHEDULE — WRITTEN STATEMENT REQUIRED BY THE MOBILE HOMES ACT 1983 TO BE GIVEN TO A PROPOSED OCCUPIER OF A PITCH

Form of written statement

Signed

M J BURGESS — Authorised to sign by the Scottish Ministers — 30th May 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Mobile Homes Act 1983 (“the 1983 Act”) applies to all agreements under which persons are entitled to station a mobile home on a protected site and occupy it as their only or main residence. The 1983 Act provides that before such an agreement is entered into the site owner must give to the proposed occupier of the mobile home a written statement which must include the matters specified in section 1(2)(a) to (d) of the 1983 Act and must comply with such other requirements as may be prescribed by Scottish Ministers by regulations.

These Regulations specify that the written statement must be in the form set out in the Schedule.

Part 1 of the Schedule contains information about the occupier’s rights under the agreement.

Part 2 of the Schedule sets out the main provisions of the agreement. These are name and address of the parties, particulars of the land, pitch fee, its review and additional charges.

Part 3 of the Schedule sets out the terms to be implied by section 2(1) of the 1983 Act.

Part 4 of the Schedule contains other express terms of the agreement.

These Regulations revoke the Mobile Homes (Written Statement) Regulations 1983.

An impact assessment has not been prepared for this instrument as it has no significant impact on the private or voluntary sectors.

Footnotes

[^f00001]: 1983 c.34; section 1 was substituted by section 167 of the Housing (Scotland) Act 2006 (asp 1).

[^f00002]: S.I. 1983/749.