The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014
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Change 1
SCHEDULE 1 Consequential Amendments of Primary Legislation
Article 3(1) Caravan Sites and Control of Development Act 1960 1 The Caravan Sites and Control of Development Act 1960 is amended as follows. 2 In section 3 (application for site licence), in subsection (5C)(a), for “a residential property tribunal” substitute “the tribunal”. 3 In section 5A (relevant protected sites: annual fee)— (a) in subsection (3), for “a residential property tribunal” substitute “the tribunal”; (b) in subsection (4), for “a residential property tribunal” substitute “the tribunal”. 4 In section 7 (appeals against conditions attached to site licence)— (a) in subsection (1), for “a residential property tribunal” substitute “the tribunal”; (b) in subsection (1A), for “a residential property tribunal” substitute “the tribunal”. 5 In section 8 (power of local authority to alter conditions attached to site licences)— (a) in subsection (2), for “a residential property tribunal” substitute “the tribunal”; (b) in subsection (4), for “a residential property tribunal” substitute “the tribunal”. 6 In section 9A (breach of condition: relevant protected sites in England), in subsection (3), for “a residential property tribunal” substitute “the tribunal”. 7 In section 9E (power to take emergency action), in subsection (9), for “a residential property tribunal” substitute “the tribunal”. 8 In section 9F (action under section 9D or 9E: power to demand expenses), in subsection (7), for “a residential property tribunal” substitute “the tribunal”. 9 In section 9G (appeals under section 9A, 9E or 9F), in subsection (3), for “A residential property tribunal” substitute “The tribunal”. 10 In section 10 (transfer of site licence), in subsection (1E), in paragraph (a), for “a residential property tribunal” substitute “the tribunal”. 11 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. . Housing Act 2004 12 The Housing Act 2004 is amended as follows. 13 In section 231A (additional powers of First-tier Tribunal and Upper Tribunal)— (a) in subsection (1), after “by or under” insert “the Caravan Sites and Control of Development Act 1960,”; (b) 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. . 14 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”. 15 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, . 16 In section 231D (enforcement), after “in connection with” insert “the Caravan Sites and Control of Development Act 1960,”. Mobile Homes Act 2013 17 In section 8 (requirement for manager of site to be fit and proper person) of the Mobile Homes Act 2013, in the inserted new sections 12A to 12E of the Caravan Sites and Control of Development Act 1960— (a) in section 12A(2) (requirement for fit and proper person), for “a residential property tribunal” substitute “the tribunal”; (b) in section 12C(7) (application for inclusion in register), for “a residential property tribunal” substitute “the tribunal”; (c) in section 12D(5)(a) (removal from register, variation of conditions etc), for “a residential property tribunal” substitute “the tribunal”.
SCHEDULE 1 Consequential Amendments of Primary Legislation
Article 3(1) Caravan Sites and Control of Development Act 1960 1 The Caravan Sites and Control of Development Act 1960 is amended as follows. 2 In section 3 (application for site licence), in subsection (5C)(a), for “a residential property tribunal” substitute “the tribunal”. 3 In section 5A (relevant protected sites: annual fee)— (a) in subsection (3), for “a residential property tribunal” substitute “the tribunal”; (b) in subsection (4), for “a residential property tribunal” substitute “the tribunal”. 4 In section 7 (appeals against conditions attached to site licence)— (a) in subsection (1), for “a residential property tribunal” substitute “the tribunal”; (b) in subsection (1A), for “a residential property tribunal” substitute “the tribunal”. 5 In section 8 (power of local authority to alter conditions attached to site licences)— (a) in subsection (2), for “a residential property tribunal” substitute “the tribunal”; (b) in subsection (4), for “a residential property tribunal” substitute “the tribunal”. 6 In section 9A (breach of condition: relevant protected sites in England), in subsection (3), for “a residential property tribunal” substitute “the tribunal”. 7 In section 9E (power to take emergency action), in subsection (9), for “a residential property tribunal” substitute “the tribunal”. 8 In section 9F (action under section 9D or 9E: power to demand expenses), in subsection (7), for “a residential property tribunal” substitute “the tribunal”. 9 In section 9G (appeals under section 9A, 9E or 9F), in subsection (3), for “A residential property tribunal” substitute “The tribunal”. 10 In section 10 (transfer of site licence), in subsection (1E), in paragraph (a), for “a residential property tribunal” substitute “the tribunal”. 11 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. . Housing Act 2004 12 The Housing Act 2004 is amended as follows. 13 In section 231A (additional powers of First-tier Tribunal and Upper Tribunal)— (a) in subsection (1), after “by or under” insert “the Caravan Sites and Control of Development Act 1960,”; (b) 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. . 14 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”. 15 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, . 16 In section 231D (enforcement), after “in connection with” insert “the Caravan Sites and Control of Development Act 1960,”. Mobile Homes Act 2013 17 In section 8 (requirement for manager of site to be fit and proper person) of the Mobile Homes Act 2013, in the inserted new sections 12A to 12E of the Caravan Sites and Control of Development Act 1960— (a) in section 12A(2) (requirement for fit and proper person), for “a residential property tribunal” substitute “the tribunal”; (b) in section 12C(7) (application for inclusion in register), for “a residential property tribunal” substitute “the tribunal”; (c) in section 12D(5)(a) (removal from register, variation of conditions etc), for “a residential property tribunal” substitute “the tribunal”.
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