Mobile homes: business and regulatory impact assessment

Enforcement, Sanctions and Monitoring

The proposed changes include a provision to update the index by secondary legislation in future should this be necessary. This will allow for timely changes in response to further changes to inflation measures, without a potentially lengthy wait for suitable primary legislation. The 1983 Act provides for dispute resolution by the sheriff court (or by arbitration). If a site operator continued to use RPI for uprating, residents would be able to take a case to court in the same way as for any other breach of their contract. The proposed changes require the court to consider that a pitch fee is unreasonable if it seeks to compensate for income lost due to the change in index. If a pattern of non-compliance were to occur, stakeholders, in particular residents associations, would bring it to the attention of the Scottish Government.