Caravans Bill
Notice of Amendments Tabled on
13 January 2011 for Consideration Stage
Clause 1 , Page 1, Line 8
Leave out ‘3’ and insert ‘12’
Minister for Social Development
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
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
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
Clause 7 , Page 5
Leave out lines 10 to 15
Minister for Social Development
Clause 8 , Page 5, Line 19
Leave out ‘seasonal’ and insert ‘caravan’
Minister for Social Development
Clause 8 , Page 5, Line 33
Leave out ‘seasonal’ and insert ‘caravan’
Minister for Social Development
Clause 8 , Page 6, Line 1
Leave out ‘seasonal’ and insert ‘caravan’
Minister for Social Development
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
Clause 15 , Page 10, Line 26
Leave out ‘protected site or a seasonal site’ and insert ‘caravan site’
Minister for Social Development
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
Clause 15 , Page 10
Leave out line 36
Minister for Social Development
Schedule , Page 12, Line 29
Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’
Minister for Social Development
Schedule , Page 12, Line 34
Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’
Minister for Social Development
Schedule , Page 13, Line 1
Leave out ‘reasonable’ and insert ‘proportionate in all the circumstances’
Minister for Social Development
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
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
Schedule , Page 14, Line 30
Leave out ‘the protected site’ and insert ‘any protected site of the owner’
Minister for Social Development
Schedule , Page 15, Line 5
At end insert ‘or to any amenities on the site’
Minister for Social Development