Mobile Homes Act 1975

• Citation: 1975 c. 49
• Sections: 7

Section 7 Power to prescribe minimum standards.

(1) Without prejudice to his powers under section 5(6) of the Act of 1960, the Secretary of State may by order prescribe minimum standards with respect to the layout of, and the provision of facilities, services and equipment for protected sites within the meaning of Part I of the Act of 1968 on which there are mobile homes occupied as an only or main residence.

(2) An order made under subsection (1) above may apply generally or to a particular area, or to protected sites in a particular category and may prescribe different minimum standards in relation to protected sites in different categories.

(3) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument.

(4) An order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Any power of the Secretary of State to make an order under any provision of this section shall include a power to make an order varying or revoking any order previously made under that provision.

Section 8 Extension of Act of 1968 to Scotland.

Part I (relating to the protection of residential occupiers) and Part III (miscellaneous) of the Act of 1968 shall apply to Scotland subject to the modifications contained in the Schedule to this Act.

Section 9 Interpretation.

(1) In this Act the following expressions have the following meanings, that is to say—

“ theAct of 1960 ” means the Caravan Sites and Control of Development Act 1960;

“ theAct of 1968 ” means the Caravan Sites Act 1968;

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“ mobile home ” has the same meaning as “caravan” in Part I of the Act of 1960 as amended by the Act of 1968;

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Section 10 Short title, commencement and extent.

(1) This Act may be cited as the Mobile Homes Act 1975.

(2) This Act shall come into force at the expiration of the period of two months beginning with the day on which it is passed.

(3) This Act does not extend to Northern Ireland.

Section 1

For section 17(3) of the Act of 1968 (extent) there shall be substituted the following subsection—

(3) Part I and sections 13, 14(1), 16, subsection (1) above and this subsection shall extend to Scotland as read with section 8 and the Schedule to the Mobile Homes Act 1975, but otherwise this Act does not extend to Scotland or Northern Ireland.

Section 2

For section 5 of the Act of 1968 there shall be substituted the following section—

(5)

(1) In this Part of this Act any reference to the court shall be construed as a reference to the sheriff having jurisdiction in the place where the protected site is situated.

(2) The power of the court under section 4 of this Act to suspend the enforcement of an order shall extend to any order made but not executed before the commencement of this Part of this Act.

(3) Nothing in this Part of this Act shall affect the operation of section 89 of the Land Clauses Consolidation (Scotland) Act 1845.

(4) Section 12(1) of the Caravan Sites and Control of Development Act 1960 (power of site occupier to take possession and terminate a licence or tenancy in case of contravention of section 1 of that Act), when read with section 32(1)(d) of that Act, shall have effect subject to the foregoing provisions of this Part of this Act.

(5) Part III of the Rent Act 1965 (protection against harassment and eviction without due process of the law) shall not apply to any premises being a caravan stationed on a protected site.

Section 3

For section 16 of the Act of 1968 there shall be substituted the following section—

(16) In this Act, unless the context otherwise requires— “ caravan ” has the same meaning as in Part I of the Caravan Sites and Control of Development Act 1960, as amended by this Act ; “ local authority ” means a local authority within the same meaning of the Local Government (Scotland) Act 1973 and the regional or district planning authority within the meaning of Part IX of that Act ; “ the Minister ” means the Secretary of State ; “ planning permission ” means permission under Part III of the Town and Country Planning (Scotland) Act 1972.