ANNEX C: GLOSSARY OF TERMS
Note on terminology
Please note that throughout this document the term 'park home' refers to permanent residential homes situated on licensed sites. This definition is not legal terminology but serves to distinguish the residential mobile home or park home sector from travelling or holiday park accommodation. Although the legal definition of a park home is therefore still that of a mobile home it does not impact on any factors in relation to the implied terms which we are seeking to update following this consultation.
Caravan Sites Act 1968
This Act offers provisions for protection of residents against eviction and harassment. It also sets out the current structure and dimensions of a mobile home.
Caravan Sites and Control of Development Act 1960
The licensing of mobile home sites in Scotland is governed by this 1960 Act . It makes it an offence for owners of eligible sites to operate without a licence. The provision is administered by local authorities and would require primary legislation to make any amendments.
Commission on Sale
Refers to the receipt of up to 10% of the resale value of a park home, payable to the park owner.
Department for Communities and Local Government ( DCLG)
This is the UK Government Department responsible for policy in relation to communities and neighbourhoods, regeneration, housing, planning, building and the environment and fire.
DCLG have carried out a number of consultations and progressed some legislative change in relation to residential mobile home living. The detail can be found at; http://www.communities.gov.uk/housing/homeownership/
Express Terms
These are additional terms which will be agreed between a resident and a site owner. They will vary from park to park but are likely to include such matters as pitch fees and service charges and other rules that the site owner might set out, for example whether or not pets are allowed.
Express terms cannot over-rule any of the implied terms and rights contained in the Mobile Homes Act 1983, but they can be changed and added to in agreement between the resident and site owner.
Forthwith
Terminology currently used in the implied terms to reflect 'as soon as can reasonably be expected'
Housing (Scotland) Act 2006
The main purpose of this Act is to improve the condition and quality of housing in the private sector. The intention of the mobile homes Part of the Act (Part 6) was to extend the protection for residents who occupy a mobile home. Section 2B of the Mobile Homes Act 1983 was inserted by the 2006 Act and gives Scottish Ministers the power to alter the implied terms. It should be noted however that only at its first use can the power be used to vary existing agreements.
Implied Terms
These are the legal contractual terms which are implied into the written agreement between the site owner and the resident. They are referred to as implied terms because they are the list of terms outlined in legislation which are implied by statute into agreements. They constitute the minimum rights and obligations that all residents have irrespective of whether or not they are actually outlined in the agreement, or even if the agreement provides contradictory terms from them. They are enforceable by application to a court.
Mobile Homes Act 1983
This is the legislation which requires that a written statement must be given to all residents. The implied terms are set out in part 1 of schedule 1 to this Act, reflecting the minimum rights and obligations residents have, and, apply whether a written statement has been provided or not.
Occupier
Refers to a park home resident
Only or main residence
The resident must be an occupier of the park home and live in it as their only or main home. This differentiates them from occupiers of holiday park homes.
Park Home Resident
Refers to people who live on a permanent basis in a park home, where the property is usually owned by the resident, on a licensed site and the pitch let from the site owner.
Pitch
This is the term used to describe the plot of land the park home is situated on and let from the site owner.
Pitch Fees
This term refers to the amount payable for the rent or ground rent that is required to be paid by the resident in return for being allowed to keep their park home on the pitch and use common areas of the site.
Primary Legislation
Primary legislation consists of the main laws passed by the legislative bodies of the UK. The Scottish Parliament has the power to legislate for Scotland on matters that are not specifically reserved to the UK Parliament.
Registered Specialist Contractor
Refers to park homes manufacturers who are registered with the National Park Homes Council ( NPHC), which is the specialist division of the National Caravan Council and is the representative trade body for the UK park homes industry.
Residential Mobile Homes Stakeholder Working Group
In order to make improvements to the rights and security of park home residents in Scotland, the Minister for Housing and Communities, established a group of individuals representative of the interests in relation to park home living. The group consists of individual local authorities, Shelter, CoSLA, site owner and resident interest. The group is currently active in supporting the Scottish Government in progressing legislative change to improve the sector.
Secondary Legislation (Scottish Statutory Instrument - SSI)
Can also be referred to as subordinate legislation and is law made by Ministers under powers which are given to them by Parliamentary Acts (primary legislation), usually in order to implement and administer the requirements of the Acts.
As with the power which enables Scottish Ministers to alter the implied terms, secondary legislation can be passed more quickly, be more specific and may be designed in liaison with those with the best knowledge of the area.
Site or Park Owner
Refers to the individual or company who legally own the licensed site and enters into the agreement with the resident allowing that person to live in a home pitched on that site. It is the site owner's responsibility to give the proposed occupant a written statement that sets the implied and express terms. The owner need not be resident on site.
Siting
This refers to the work undertaken by the site or park owner in relation to transportation of the home from factory to site (or movement within the site) groundwork and foundations, connection to mains services (water, electric and gas) and possibly some landscaping.
Structural warranty scheme
Refers to the 10 year Gold Shield Warranty Scheme which is a structural warranty scheme available to some new residential park home owners on certain registered parks.
Written Agreement
Refers to the statement between site owner and resident which outlines the terms and conditions which allow a resident to place a park home on a site and occupy it as their only or main residence.