The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014

• Citation: S.I. 2014/1900
• Sections: 26

Section 1 Citation and commencement

This Order may be cited as the Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014 and comes into force on the day after the date on which the Order is made.

Section 2 Amendments to the jurisdiction of residential property tribunal

The functions conferred by and under the Caravan Sites and Control of Development Act 1960 on a residential property tribunal are transferred to the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules in relation to any particular case, the Upper Tribunal.

Section 3 Consequential and miscellaneous provisions

(1) Schedule 1 (consequential amendments of primary legislation) has effect.

(2) Schedule 2 (consequential and miscellaneous amendments of subordinate legislation) has effect.

Section 1 Caravan Sites and Control of Development Act 1960

The Caravan Sites and Control of Development Act 1960 is amended as follows.

Section 2 Caravan Sites and Control of Development Act 1960

In section 3 (application for site licence), in subsection (5C)(a) , for “a residential property tribunal” substitute “the tribunal”.

Section 3 Caravan Sites and Control of Development Act 1960

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”.

Section 4 Caravan Sites and Control of Development Act 1960

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”.

Section 5 Caravan Sites and Control of Development Act 1960

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”.

Section 6 Caravan Sites and Control of Development Act 1960

In section 9A (breach of condition: relevant protected sites in England) , in subsection (3), for “a residential property tribunal” substitute “the tribunal”.

Section 7 Caravan Sites and Control of Development Act 1960

In section 9E (power to take emergency action) , in subsection (9), for “a residential property tribunal” substitute “the tribunal”.

Section 8 Caravan Sites and Control of Development Act 1960

In section 9F (action under section 9D or 9E: power to demand expenses), in subsection (7), for “a residential property tribunal” substitute “the tribunal”.

Section 9 Caravan Sites and Control of Development Act 1960

In section 9G (appeals under section 9A, 9E or 9F) , in subsection (3), for “A residential property tribunal” substitute “The tribunal”.

Section 10 Caravan Sites and Control of Development Act 1960

In section 10 (transfer of site licence), in subsection (1E) , in paragraph (a), for “a residential property tribunal” substitute “the tribunal”.

Section 11 Caravan Sites and Control of Development Act 1960

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.

Section 12 Housing Act 2004

The Housing Act 2004 is amended as follows.

Section 13 Housing Act 2004

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.

Section 14 Housing Act 2004

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”.

Section 15 Housing Act 2004

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,

Section 16 Housing Act 2004

In section 231D (enforcement), after “in connection with” insert “the Caravan Sites and Control of Development Act 1960,”.

Section 17 Mobile Homes Act 2013

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”.

Section 1 The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997

The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 are amended as follows.

Section 2 The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997

In regulation 3 (prescribed forms), in paragraph (b), for “rent assessment committee” substitute “tribunal”.

Section 3 The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997

(1) The Schedule (forms prescribed for the purposes of Part 1 of the Housing Act 1988) is amended as follows.

(2) In Form No. 1—

(a) in the instructions preceding paragraph 1, for “a rent assessment panel” substitute “the tribunal”;

(b) after the final instruction preceding paragraph 1, insert—

Note: If your property is in England, “tribunal” means the First-tier Tribunal or the Upper Tribunal. If your property is in Wales, “tribunal” means a rent assessment committee.

(c) in the instructions headed “What to do if this notice is served on you”—

(i) for “your local rent assessment committee” substitute “the tribunal”;

(ii) for “to a Rent Assessment Committee” substitute “to a Tribunal”;

(iii) for “a rent assessment panel” substitute “the tribunal”;

(iv) for “The rent assessment committee” substitute “The tribunal”.

(3) In the heading to Form No. 2, for “Rent Assessment Committee” substitute “Tribunal”.

(4) In Form No. 2—

(a) in the instructions preceding paragraph 1—

(i) for “your local rent assessment panel” substitute “the tribunal”;

(ii) at the end of those instructions, insert—

Note: If your property is in England, “tribunal” means the First-tier Tribunal or the Upper Tribunal. If your property is in Wales, “tribunal” means a rent assessment committee.

(b) in paragraph 11(a) and (b) for “rent assessment committee” substitute “tribunal”.

(5) In Form No. 4B —

(a) in the Guidance notes for tenants—

(i) in paragraph 3, for “your local rent assessment committee” substitute “the tribunal”;

(ii) for paragraph 4, substitute—

To refer the notice to the tribunal, you must use the form Application referring a notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy to a Tribunal . You can obtain this from the tribunal or a legal stationer.

(iii) in paragraph 5—

(aa) for “rent assessment committee” substitute “tribunal”;

(bb) for “committee”, in both places, substitute “tribunal”;

(iv) after paragraph 5, insert—

5A In these Guidance notes for agricultural occupants, the “tribunal” means the First-tier Tribunal or the Upper Tribunal.

(b) in the Guidance notes for landlords, in paragraph 9, for “a rent assessment panel” substitute ”the First-tier Tribunal”.

(6) In Form No. 4C—

(a) in the Guidance notes for agricultural occupants—

(i) in paragraph 3, for “your local rent assessment committee” substitute “the tribunal”;

(ii) for paragraph 4 substitute—

To refer the notice to the tribunal, you must use the form Application referring a notice proposing a new rent under the Assured Periodic Tenancy or Agricultural Occupancy to a Tribunal . You can obtain this from the tribunal or a legal stationer.

(iii) in paragraph 5—

(aa) for “rent assessment committee” substitute “tribunal”;

(bb) for “committee”, in both places, substitute “tribunal”;

(iv) after paragraph 5 insert—

5A In these Guidance notes for agricultural occupants, the “tribunal” means the First-tier Tribunal or the Upper Tribunal.

(b) in the Guidance notes for landlords, in paragraph 9, for “a rent assessment panel” substitute “the First-tier Tribunal”.

(7) In Form No. 5, in paragraph 12(a) and (b), for “rent assessment committee”, in both places substitute “tribunal”.

Section 4 The First-tier Tribunal (Property Chamber) Fees Order 2013

Schedule 1 (fees to be taken) to the First-tier Tribunal (Property Chamber) Fees Order 2013 is amended as follows.

Section 5 The First-tier Tribunal (Property Chamber) Fees Order 2013

For entry 3 in the left hand column substitute “Applications and appeals in respect of mobile homes and caravan sites”.

Section 6 The First-tier Tribunal (Property Chamber) Fees Order 2013

After entry 3.1B , insert—