Part I Provisions for Protection of Residential Occupiers _cross-notes

1 Application of Part 1.

(1)This Part of this Act applies in relation to any licence or contract (whether made before or after the passing of this Act) under which a person is entitled to station a caravan on a protected site (as defined by subsection (2) below) and occupy it as his residence, or to occupy as his residence a caravan stationed on any such site; and any such licence or contract is in this Part referred to as a residential contract, and the person so entitled as the occupier.

(2)^M1For the purposes of this Part of this Act a protected site is any land [^F1 in England^F1] in respect of which a site licence is required under Part I of the Caravan Sites and Control of Development Act 1960 or would be so required if [^F2paragraph 11 [^F3 or 11A of Schedule 1 to that Act (exemption of gypsy and other [^F3 of Schedule 1 to that Act (exemption of^F3,F3]] local authority sites)^F2] were omitted, not being land in respect of which the relevant planning permission or site licence—

(a)is expressed to be granted for holiday use only; or

(b)is otherwise so expressed or subject to such conditions that there are times of the year when no caravan may be stationed on the land for human habitation.

(3)References in this Part of this Act to the owner of a protected site are references to the person who is or would apart from any residential contract be entitled to possession of the land.

2 Minimum length of notice.

In any case where a residential contract is determinable by notice given by either party to the other, a notice so given shall be of no effect unless it is given not less than four weeks before the date on which it is to take effect.

3 [^F4 Protection of occupiers against eviction and harassment.^F4] [^F4Protection of occupiers against eviction and harassment, false information etc.^F4] _cross-notes

(1)Subject to the provisions of this section, a person shall be guilty of an offence under this section—

(a)if, during the subsistence of a residential contract, he unlawfully deprives the occupier of his occupation on the protected site of any caravan which the occupier is entitled by the contract to station and occupy, or to occupy, as his residence thereon;

(b)if, after the expiration or determination of a residential contract, he enforces, otherwise than by proceedings in the court, any right to exclude the occupier from the protected site or from any such caravan, or to remove or exclude any such caravan from the site;

[^F5 (c)if, whether during the subsistence or after the expiration or determination of a residential contract, with intent to cause the occupier—

(i)to abandon the occupation of the caravan or remove it from the site, or

(ii)to refrain from exercising any right or pursuing any remedy in respect thereof,

he does acts [^F6 likely to interfere^F6] with the peace or comfort of the occupier or persons residing with him, or [^F7 withdraws or withholds ^F8...^F7] ... services or facilities reasonably required for the occupation of the caravan as a residence on the site.^F5]

[^F5 (c)if, whether during the subsistence or after the expiration or determination of a residential contract, the person—

(i)does anything likely to interfere with the peace or comfort of the occupier or persons residing with the occupier; or

(ii) persistently withdraws or withholds services or facilities reasonably required for the occupation of the caravan as a residence on the site,

and (in either case) knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to abandon the occupation of the caravan or remove it from the site or to refrain from exercising any right or pursuing any remedy in relation to the caravan.^F5]

[^F9 (1A)[^F10 Subject to the provisions of this section, the owner of a protected site or his agent shall be guilty of an offence under this section if, whether during the subsistence or after the expiration or determination of a residential contract—

(a)he does acts likely to interfere with the peace or comfort of the occupier or persons residing with him, or

(b)he [^F11 withdraws or withholds ^F12...^F11] ... services or facilities reasonably required for the occupation of the caravan as a residence on the site,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to do any of the things mentioned in subsection (1)(c)(i) or (ii) of this section.^F10]

[^F13 (1AA)The owner of a protected site ^F14... or the owner's agent is guilty of an offence under this section if, during the subsistence of a residential contract, the owner or (as the case may be) agent—

(a)knowingly or recklessly provides information or makes a representation which is false or misleading in a material respect to any person, and

(b)knows, or has reasonable cause to believe, that doing so is likely to cause—

(i)the occupier to do any of the things mentioned in subsection (1)(c)(i) or (ii), or

(ii)a person who is considering whether to purchase or occupy the caravan to which the residential contract relates to decide not to do so.^F13]

(1B)[^F10 References in [^F15 subsections (1A) and (1AA)^F15] of this section to the owner of a protected site include references to a person with an estate or interest in the site which is superior to that of the owner.^F10,F9]]

(2)References in this section to the occupier include references to the person who was the occupier under a residential contract which has expired or been determined and, in the case of the death of the occupier (whether during the subsistence or after the expiration or determination of the contract), to any person then residing with the occupier being—

(a)the widow [^F16or widower [^F16 , widower or surviving civil partner^F16,F16]] of the occupier; or

(b)in default of a widow [^F16or widower [^F16 , widower or surviving civil partner^F16,F16]] so residing, any member of the occupier’s family.

(3)A person guilty of an offence under this section shall, without prejudice to any liability or remedy to which he may be subject in civil proceedings, be [[^F17,F18 liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding [^F19 the general limit in a magistrates’ court^F19] , or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.^F18,F17]] [^F18 liable on summary conviction—

(a)in the case of a first offence, to a fine not exceeding the statutory maximum;

(b)in the case of a second or subsequent offence, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 6 months, or to both.^F18]

(4)In proceedings for an offence under paragraph (a) or (b) of subsection (1) of this section it shall be a defence to prove that the accused believed, and had reasonable cause to believe, that the occupier of the caravan had ceased to reside on the site.

[[^F20,F21 (4A)In proceedings for an offence under subsection (1A) of this section it shall be a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question.^F21,F20]]

[^F20 (4A)In proceedings for an offence under subsection (1)(c) of this section it shall be a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question.^F20]

(5)Nothing in this section applies to the exercise by any person of a right to take possession of a caravan of which he is the owner, other than a right conferred by or arising on the expiration or determination of a residential contract, or to anything done pursuant to the order of any court.

4 Provision for suspension of eviction orders.

(1)If in proceedings by the owner of a protected site the court makes an order for enforcing in relation thereto any such right as is mentioned in paragraph (b) of subsection (1) of section 3 of this Act, the court may (without prejudice to any power apart from this section to postpone the operation or suspend the execution of an order, and subject to the following provisions of this section) suspend the enforcement of the order for such period not exceeding twelve months from the date of the order as the court thinks reasonable.

(2)Where the court by virtue of this section suspends the enforcement of an order, it may impose such terms and conditions, including conditions as to the payment of rent or other periodical payments or of arrears of such rent or payments, as the court thinks reasonable.

(3)The court may from time to time, on the application of either party, extend, reduce or terminate the period of suspension ordered by virtue of this section, or vary any terms or conditions imposed thereunder, but shall not extend the period of suspension for more than twelve months at a time.

(4)In considering whether or how to exercise its powers under this section, the court shall have regard to all the circumstances, and in particular to the questions—

(a)whether the occupier of the caravan has failed, whether before or after the expiration or determination of the relevant residential contract, to observe any terms or conditions of that contract, any conditions of the site licence, or any reasonable rules made by the owner for the management and conduct of the site or the maintenance of caravans thereon;

(b)whether the occupier has unreasonably refused an offer by the owner to renew the residential contract or make another such contract for a reasonable period and on reasonable terms;

(c)whether the occupier has failed to make reasonable efforts to obtain elsewhere other suitable accommodation for his caravan (or, as the case may be, another suitable caravan and accommodation for it).

(5)Where the court makes such an order as is mentioned in subsection (1) of this section but suspends the enforcement of that order by virtue of this section, the court shall make no order for costs unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

(6)[^F22 The court shall not suspend the enforcement of an order by virtue of this section[^F23 if—

(a)no site licence under Part 1 of that Act is in force in respect of the site, and

(b)paragraph 11 or 11A of Schedule 1 to the Caravan Sites and Control of Development Act 1960 (c. 2) does not apply;^F23,F22]]

[^F23 if—

(a)no site licence under Part 1 of the Caravan Sites and Control of Development Act 1960 (c. 62) is in force in respect of the site; and

(b)paragraph 11 of Schedule 1 to that Act does not apply;^F23]

and where a site licence in respect of the site is expressed to expire at the end of a specified period, the period for which enforcement may be suspended by virtue of this section shall not extend beyond the expiration of the licence.

^X1[^F245 Supplementary.

(1) In this Part of this Act “ the court ” means the county court; ^F25 ...

(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 13 of the ^M2Compulsory Purchase Act 1965.

(4)Subsection (1) of section 12 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) shall have effect subject to the foregoing provisions of this Part of this Act.

(5)[^F26 the Protection from Eviction Act 1977^F26] (protection against harassment and eviction without due process of law) shall not apply to any premises being a caravan stationed on a protected site.^F24]

^X2[^F595  

(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 ^M11Lands Clauses Consolidation (Scotland) Act 1845.

(4)Section 12(1) of the ^M12Caravan 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 ^M13Rent Act 1965 (protection against harassment and eviction without due process of law) shall not apply to any premises being a caravan stationed on a protected site.^F59] .

^F27 Part II

Provision of sites by local authorities

6 Duty of local authorities to provide sites for gipsies.

(1)Subject to the provisions of this and the next following section, it shall be the duty of every local authority being [^F28the council of a county, metropolitan district or London borough^F28] to exercise their powers under section 24 of the Caravan Sites and Control of Development Act 1960 (provision of caravan sites) so far as may be necessary to provide adequate accommodation for gipsies residing in or resorting to their area.

(2)The council of a [^F29metropolitan district^F29] or London borough shall not in any case be required under subsection (1) of this section to provide accommodation for more than fifteen caravans at a time, [[^F30,F29 the district^F29] or, as the case may be, in the London borough^F30] . . .

^F31(3)Any local authority may defray or contribute towards expenditure incurred or to be incurred under this Part of this Act by any other authority.

(4)The powers of a local authority under the said section 24 shall include power to provide, in or in connection with sites for the accommodation of gipsies, working space and facilities for the carrying on of such activities as are normally carried on by them; but subsection (1) of this section shall not apply to the powers conferred by this subsection.

7 Functions of district councils.

(1)^M3The duty imposed by section 6(1) of this Act on the council of a county shall extend only to determining what sites are to be provided and acquiring or appropriating the necessary land; and it shall be the duty of the council of the district in which any such site is located to exercise all other powers under section 24 of the Caravan Sites and Control of Development Act 1960 in relation to the site.

(2)The charges to be made by the council of a county district pursuant to subsection (3) of the said section 24 in respect of any such site shall be such as may be determined by the council of the county; and the council of the county shall pay to the council of the district sums equal to their expenditure reasonably incurred under this section (including the proper proportion of the remuneration and expenses of their officers and other administrative expenditure) so far as it exceeds their receipts thereunder.

(3)The council of any county district may, with the approval of the council of the county concerned, agree with the council of any other such district for the discharge by one of those councils, as agent for the other, of such of the functions under this section of the latter council as may be specified in the agreement.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F328 Location of sites in counties.

(1)Before adopting a proposal to acquire or appropriate land for a site pursuant to this Part of this Act, the council of a county shall consult the council of the county district in which the land is situated and such other authorities and persons as they consider appropriate.

(2)If objection is made to any such proposal by the council of a county district in or adjacent to which the land is situated and is not disposed of in consultation with the council of the county, the council of the county district may give notice of the objection to the Minister.

(3)After considering any such objection the Minister may, as appears to him proper, give directions to the council of the county—

(a)to abandon the proposal;

(b)to proceed with the proposal; or

(c)to make an application for planning permission in respect of the proposed use of the land;

and any application for planning permission made pursuant to such directions shall be deemed to be be referred to the Minister under [^F33section 77 of the Town and Country Planning Act 1990^F33] .

[^F349 Power of Secretary of State to direct local authorities to provide sites.

—The Secretary of State may, if at any time it appears to him to be necessary so to do, give directions to any local authority to which subsection (1) of section 6 of this Act applies requiring them to provide, pursuant to that section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions; and any such directions shall be enforceable, on the application of the Secretary of State, by mandamus.^F34]

Control of unauthorised encampments

10 Prohibition of unauthorised camping in designated areas.

(1)In any area designated under the following provisions of this Act as an area to which this section applies it shall be an offence for any person being a gipsy to station a caravan for the purpose of residing for any period—

(a)on any land situated within the boundaries of a highway, or

(b)on any other unoccupied land; or

(c)on any occupied land without the consent of the occupier.

(2)In proceedings against any person for an offence under this section it shall be a defence to prove that the caravan was stationed on the land in consequence of illness, mechanical breakdown or other immediate emergency and that he removed it (or intended to remove it) as soon as reasonably practicable.

(3)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £20; and if the offence of which he is convicted is continued after the conviction he shall be guilty of a further offence and shall be liable in respect thereof to a fine not exceeding [^F35level 1 on the standard scale^F35] for every day on which the offence is so continued.

[^F3611 Orders for removal of unlawfully parked caravans and their occupants.

(1)In any area to which section 10 of this Act applies, a magistrates’ court may, on a complaint made by a local authority, and if satisfied that a caravan is stationed on land within that Authority’s area in contravention of that section, make an order requiring any caravan (whether or not identified in the order) which is so stationed on the land to be removed together with any person residing in it.

(2)An order under this section may authorise the local authority to take such steps as are reasonably necessary to ensure that the order is complied with and in particular, may authorise the authority, by its officers and servants—

(a)to enter upon any land specified in the order; and

(b)to take, in relation to any caravan to be removed pursuant to the order, such steps for securing entry and rendering it suitable for removal as may be so specified.

(3)The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at least 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses.

(4)A person who intentionally obstructs any person acting in the exercise of any power conferred on him by an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [^F37 level 3 on the standard scale^F37] .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F38(6)Where a complaint is made under this section, a summons issued by the court requiring the person or persons to whom it is directed to appear before the court to answer to the complaint may be directed—

(a)to the occupant of a particular caravan stationed on the land in question; or

(b)to all occupants of caravans stationed there, without naming him or them.

(7)Where it is impracticable to serve such a summons on a person named in it, it shall be treated as duly served on him if a copy of it is fixed in a prominent place to the caravan concerned; and where such a summons is directed to the unnamed occupants of caravans, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every caravan stationed on the land in question at the time when service is thus effected.

(8)The local authority shall take such steps as may be reasonably practicable to secure that a copy of any such summons is displayed on the land in question (otherwise than by being fixed to a caravan) in a manner designed to ensure that it is likely to be seen by any person camping on the land.

(9)Notice of any such summons shall be given by the local authority to the owner of the land in question and to any occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the owner or occupier; and the owner of any such land and any occupier of any such land shall be entitled to appear and to be heard in the proceedings.

(10)Section 55(2) of the Magistrates’ Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section.^F36]

[^F3912. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Miscellaneous

13 Twin-unit caravans.

(1)A structure designed or adapted for human habitation which—

(a)is composed of not more than two sections separately constructed and designed to be assembled on a site by means of bolts, clamps or other devices; and

(b)is, when assembled, physically capable of being moved by road from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer),

^M4shall not be treated as not being (or as not having been) a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960 by reason only that it cannot lawfully be so moved on a [^F44highway^F44][^F44 road^F44] when assembled.

(2) For the purposes of Part I of the Caravan Sites and Control of Development Act 1960 , the expression “ caravan ” shall not include a structure designed or adapted for human habitation which falls within paragraphs ( a ) and ( b ) of the foregoing subsection if its dimensions when assembled exceed any of the following limits, namely—

(a)length (exclusive of any drawbar): [^F4565.616^F45] feet ( [^F4620^F46] metres);

(b)width: [^F4722.309^F47] feet ( [^F486.8^F48] metres);

(c)overall height of living accommodation (measured internally from the floor at the lowest level to the ceiling at the highest level): [^F4910.006^F49] feet ( [^F503.05^F50] metres).

(3)The [^F51Minister^F51][^F51 Secretary of State^F51] may by order made by statutory instrument after consultation with such persons or bodies as appear to him to be concerned substitute for any figure mentioned in subsection (2) of this section such other figure as may be specified in the order.

(4)Any statutory instrument made by virtue of subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

14 Offences.

(1)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who is purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)Proceedings for an offence under this Act may be instituted by any local authority.

15 Financial provision.

^M5There shall be defrayed out of moneys provided by Parliament any increase which may arise in consequence of this Act in the sums payable out of moneys so provided in respect of rate support grant under the Local Government Act 1966.

16 Interpretation.

[^F52 In this Act the following expressions have the following meanings that is to say—

• “ caravan ” has the same meaning as in Part I of the ^M6 Caravan Sites and Control of Development Act 1960, as amended by this Act;

• ^F53 . . .

• “ local authority ” has the same meaning as in section 24 of the ^M7 Caravan Sites and Control of Development Act 1960;

• ^F54 ...

• “ planning permission ” means permission under [^F55 Part III of the Town and Country Planning Act 1990 ^F55] . ^F52]

[^F52 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 meaning of the ^M8 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 [^F56 or, in relation to England, Part 13 ^F56] of the ^M9 Town and Country Planning (Scotland) Act [^F57 1997 ^F57] . ^F52]

17 Short title, commencement and extent. _cross-notes

(1)This Act may be cited as the Caravan Sites Act 1968.

(2)This Act, except Part II, shall come into force at the expiration of the period of one month beginning with the day on which it is passed, and Part II shall come into force on such date as the Minister may by order made by statutory instrument appoint.

[^F58 (3)Part I and sections 13, 14(1), 16 subsection (1) above and this subsection shall extend to Scotland as read with section 8 of and the Schedule to the ^M10Mobile Homes Act 1975, but otherwise this Act does not extend to Scotland or Northern Ireland.^F58]