CARAVANS BILL
Notice of Amendments Tabled on
22 November 2010 for Consideration Stage
Clause 11 , Page 8, Line 42
After ‘paragraph 11’ insert ‘or 11A’
Mr Fra McCann
Mr Mickey Brady
Mrs Mary Bradley
Ms Anna Lo
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
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
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
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
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
New Clause
After clause 8 insert -
‘Power to amend implied terms
8C. -(1) The Department of Enterprise, Trade and Investment may by order make such amendments to Schedule 2 as the Department considers appropriate.
(2) An order under this section may contain such incidental, supplementary, consequential, transitional or saving provisions as the Department considers appropriate.
(3) An order under this section may in particular -
(a) make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order;
(b) make such amendments of any provision of this Part as that Department considers appropriate in consequence of any amendment made by the order to Schedule 2.
(4) No order may be made under this section unless the Department of Enterprise, Trade and Investment has consulted -
(a) such organisations as appear to it to be representative of interests substantially affected by the order; and
(b) such other persons as it considers appropriate.
(5) No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’
Mr John McCallister
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. -(1) 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 -
(a) give the association at least 28 days’ notice in writing of the matters referred to in paragraph 2 which -
(i) describe the matters and how they may affect the occupiers either directly or indirectly in the long and short term; and
(ii) states when and where the association can make representations about the matters.’