The Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) (Wales) Order 2013

Made: 10 July 2013

Coming into force: 10 July 2013

In accordance with section 320(8)(a) of the Housing and Regeneration Act 2008, a draft of this instrument was laid before, and approved by a resolution of, the National Assembly for Wales.

Title, commencement and application

1

• (1) The title of this Order is the Housing and Regeneration Act 2008 (ConsequentialAmendments to the Mobile Homes Act 1983) (Wales) Order 2013 and it comes into force on 10 July 2013.

• (2) This Order applies in relation to Wales.

• (3) The amendments made by this Order do not apply in relation to any agreement to which the Mobile Homes Act 1983[^f00002]applies before the coming into force of section 318 of the Housing and Regeneration Act 2008.

Consequential amendments

2

• (1) The Mobile Homes Act 1983 is amended as follows.

• (2) In section 1(8A) after “England” insert “and Wales”.

• (3) In section 2(6) after “England” insert “and Wales”.

Signed

Jeff Cuthbert — Minister for Communities and Tackling Poverty, one of the Welsh Ministers — 10th July 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 318 of the Housing and Regeneration Act 2008 (“the 2008 Act”) amends section 5 of the Mobile Homes Act 1983 (“the 1983 Act”) so as to bring land occupied by a local authority as a caravan site providing accommodation for gypsies and travellers within the definition of protected sites for the purposes of the 1983 Act. The purpose of this Order is to make amendments to the 1983 Act which are consequential on the coming into force of section 318 of the 2008 Act in relation to Wales and on the making of related transitional provisions made under section 322 of that Act. These consequential amendments replicate the amendments made to the 1983 Act in relation to England by The Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011[^f00003]

The effect of the consequential amendments set out in article 2 of this Order is that —

• (a) the right of an occupier to apply to the court or a tribunal if the owner fails to provide a written statement is disapplied for occupiers of transit pitches on local authority gypsy and traveller sites in Wales; and

• (b) the right of a party to the agreement to apply to the court or a tribunal as to the terms of the agreement within 6 months of it being made or of the written statement being given is disapplied for transit pitches in Wales.

A regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Department for Local Government and Communities, Welsh Government, Cathays Park, Cardiff CF10 3NQ.

Footnotes

[^f00001]: 2008 c.17.

[^f00002]: 1983 c.34. In England and Wales, section 1 was substituted, and section 2 was amended, by sections 206 and 265 and paragraph 9 of Schedule 15 to, the Housing Act 2004 (c. 34).

[^f00003]: S.I. 2011/1004.