Caravans Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 25 January 2011
Amendments tabled up to 9:30am Thursday, 20 January 2011
The Bill will be considered in the following order-
Clauses, Schedule and Long Title
Amendment 1 [Made]
Clause 1 , Page 1, Line 8
Leave out ‘3’ and insert ‘12’
Minister for Social Development
Amendment 2 [Made]
Clause 4 , Page 3, Line 42
At end insert -
‘(6) The Department for Social Development shall -
(a) not later than 5 years after the coming into operation of this Act, and
(b) at least once in every period of 5 years thereafter,
review Parts 1 and 2 of the Schedule and determine whether it should exercise the power to make an order under this section.’
Minister for Social Development
Amendment 3 [Made]
Clause 5 , Page 4, Line 7
Leave out subsections (3) to (5) and insert -
‘(3) The following subsections apply where a person entitled to the benefit of and bound by a residential agreement dies at a time when that person is occupying the caravan as that person’s only or main residence; and in those subsections -
(a) that person is referred to as “the deceased”;
(b) references to “the beneficiary” of the deceased are to the person entitled to the caravan by virtue of the deceased ’ s will or under the law relating to intestacy;
(c) references to “a travellers’ site” are to a caravan site provided and managed by the Northern Ireland Housing Executive under Article 28A of the Housing (Northern Ireland) Order 1981 (caravan sites for members of Irish Traveller community); and
(d) a beneficiary of the deceased is a qualifying person if the beneficiary satisfies the Housing Executive that the beneficiary -
(i) is a member of the Irish Traveller community (within the meaning of Article 5 of the Race Relations ( Northern Ireland) Order 1997); and
(ii) intends to occupy the caravan as the beneficiary’s only or main residence.
(4) The agreement has effect for the benefit of and is binding on any person residing with the deceased at the time of death who is -
(a) the surviving spouse or civil partner of the deceased; or
(b) if there is no surviving spouse or civil partner so residing, a member of the deceased ’ s family.
(5) If -
(a) there is no person falling within subsection (4); and
(b) the agreement relates to a caravan on a caravan site other than a travellers’ site,
the agreement has effect for the benefit of and is binding on the beneficiary of the deceased, but subject to subsection (7).
(6) If -
(a) there is no person falling within subsection (4),
(b) the agreement relates to a caravan on a travellers’ site, and
(c) the beneficiary of the deceased is a qualifying person,
the agreement has effect for the benefit of and is binding on the beneficiary of the deceased.
(7) A residential agreement does not have effect for the benefit of or bind a person by virtue of subsection (5) in so far as -
(a) it would, but for this subsection, enable or require that person to occupy the caravan; or
(b) it includes terms implied by virtue of paragraph 5 of Part 1 of the Schedule.
(8) In relation to a residential agreement -
(a) any reference in this Part to the owner includes a reference to any person who is bound by and entitled to the benefit of the agreement by virtue of subsection (1); and
(b) subject to subsection (7), any reference in this Part to the occupier includes a reference to any person who is entitled to the benefit of and bound by the agreement by virtue of any of subsections (2) to (6).’
Minister for Social Development
Amendment 4 [Made]
Clause 7 , Page 5, Line 5
Leave out from ‘under’ to end of line 7 and insert -
‘ -
(a) under which a person is entitled to station a caravan on land forming part of a caravan site and occupy the caravan for a period exceeding 28 days; and
(b) which is not a residential agreement within the meaning of Part 1.’
Minister for Social Development
Amendment 5 [Made]
Clause 7 , Page 5
Leave out lines 10 to 15
Minister for Social Development
Amendment 6 [Made]
Clause 8 , Page 5, Line 19
Leave out ‘seasonal’ and insert ‘caravan’
Minister for Social Development
Amendment 7 [Made]
Clause 8 , Page 5, Line 33
Leave out ‘seasonal’ and insert ‘caravan’
Minister for Social Development
Amendment 8 [Made]
Clause 8 , Page 6, Line 1
Leave out ‘seasonal’ and insert ‘caravan’
Minister for Social Development
Amendment 9 [Made]
New Clause
After clause 8 insert -
‘Terms of agreements
8A. -(1) In any seasonal agreement there shall be implied the terms set out in Schedule 2; and this subsection shall have effect notwithstanding any express term of the agreement.
(2) If the owner fails to comply with Schedule 2(2) and 2(3) the occupier may apply to the court for an order requiring the owner to consult with the occupier in accordance with Schedule 2(2) and 2(3).’
Mr John McCallister
Amendment 10 [Made]
New Clause
After clause 8 insert -
‘Jurisdiction
8B. -(1) The county court for the county court division in which the seasonal site is situated shall have jurisdiction -
(a) to determine any question arising under this Part or any seasonal agreement, and
(b) to entertain any proceedings brought under this Part or any such agreement;
and references in this Part to “the court” shall be construed accordingly.
(2) But where the parties have agreed in writing to submit any question arising under this Part or, as the case may be, any seasonal agreement to arbitration, references in this Part to the court shall be read as references to the arbitrator.’
Mr John McCallister
Amendment 11 [Made]
Clause 10 , Page 7, Line 43
At end insert -
‘(12) Proceedings for an offence under this section may be instituted by the district council in whose district the site is situated.’
Minister for Social Development
Amendment 12 [Negatived on division]
Clause 11 , Page 8, Line 42
After ‘paragraph 11’ insert ‘or 11A’
Mr Fra McCann
Mr Mickey Brady
Mrs Mary Bradley
Ms Anna Lo
Amendment 13 [Negatived on division]
Clause 11 , Page 8, Line 43
After ‘council’ insert ‘or provided and managed by the Housing Executive’
Mr Fra McCann
Mr Mickey Brady
Mrs Mary Bradley
Ms Anna Lo
Amendment 14 [Negatived on division]
New Clause
After clause 14 insert -
‘Part 4A
Licensing of Caravan Sites
Exemption from licensing of sites for Irish Traveller community provided and managed by the Housing Executive
14A. In the Schedule to the Caravans Act (sites exempt from licensing) after paragraph 11 insert -
“sites for irish traveller community
11A. A site license shall not be required for the use as a caravan site of land provided and managed by the Northern Ireland Housing Executive under Article 28A of the Housing (Northern Ireland) Order 1981 (NI 3) (provision of caravan sites for Irish Traveller Community).”’
Mr Fra McCann
Mr Mickey Brady
Mrs Mary Bradley
Ms Anna Lo
Amendment 15 [Not Called]
Clause 15 , Page 10, Line 19
Leave out ‘paragraph 11’ and insert ‘paragraphs 11 and 11A’
Mr Fra McCann
Mr Mickey Brady
Mrs Mary Bradley
Ms Anna Lo
Amendment 16 [Made]
Clause 15 , Page 10, Line 26
Leave out ‘protected site or a seasonal site’ and insert ‘caravan site’
Minister for Social Development
Amendment 17 [Made]
Clause 15 , Page 10, Line 32
Leave out ‘seasonal site’ and insert ‘site 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;’
Minister for Social Development
Amendment 18 [Made]
Clause 15 , Page 10
Leave out line 36
Minister for Social Development
Amendment 19 [Made]
Schedule , Page 12, Line 29
Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’
Minister for Social Development
Amendment 20 [Made]
Schedule , Page 12, Line 34
Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’
Minister for Social Development
Amendment 21 [Made]
Schedule , Page 13, Line 1
Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’
Minister for Social Development
Amendment 22 [Made]
Schedule , Page 14, Line 11
Leave out ‘the rate of 10%’ and insert ‘a rate not exceeding 10% of the sale price’
Minister for Social Development
Amendment 23 [Made]
Schedule , Page 14, Line 15
At end insert -
‘(11) In relation to a caravan on a travellers’ site (within the meaning given by section 5(3)(c)), this paragraph applies with the omission of -
(a) sub-paragraph (9); and
(b) in sub-paragraph (10), the words “Except to the extent mentioned in sub-paragraph (9),”.’
Minister for Social Development
Amendment 24 [Made]
Schedule , Page 14, Line 30
Leave out ‘the protected site’ and insert ‘any protected site of the owner’
Minister for Social Development
Amendment 25 [Made]
Schedule , Page 15, Line 5
At end insert ‘or to any amenities on the site’
Minister for Social Development
Amendment 26 [Made]
New Schedule
After Schedule insert -
‘schedule 2
Qualifying caravan owners’ association
1. -(1) A Caravan owners’ association is a qualifying owners’ association in relation to a seasonal site if -
(a) it is an association representing the occupiers of caravans on that site;
(b) at least 50 per cent. of the occupiers of the caravans on that site are members of the association;
(c) it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;
(d) subject to paragraph (c), membership is open to all occupiers who own a caravan on that site and are entitled to an agreement under clause 7(1);
(e) it maintains a list of members which is open to public inspection together with the rules and constitution of the residents’ association;
(f) it has a chairman, secretary and treasurer who are elected by and from among the members on an annual basis at the Annual General meeting;
(g) with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each caravan.
(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b), each caravan shall be taken to have only one occupier and, in the event of there being more than one occupier of a caravan, its occupier is to be taken to be the occupier whose name first appears on the agreement.
Owner’s obligations
2. The owner shall consult a qualifying caravan owners’ association, if there is one, about -
(a) significant changes to the operation and management of the seasonal site which affect the occupiers either directly or indirectly; and
(b) changes to site fees or service fees.
3. For the purposes of the consultation in paragraph 2(1) the owner shall give the association at least 28 days’ notice in writing of the matters referred to in paragraph 2 which -
(a) describe the matters and how they may affect the occupiers either directly or indirectly in the long and short term; and
(b) states when and where the association can make representations about the matters.’
Mr John McCallister