CARAVANS ACT (NORTHERN IRELAND) 1963

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CARAVANS ACT (NORTHERN IRELAND) 1963 - SECT 26

Short title.

26.(1) This Act may be cited as the Caravans Act (Northern Ireland) 1963.

Subs.(2) rep. by SLR 19731. A site licence shall not be required for the use
of land as a caravan site if the use is incidental to the enjoyment as such of
a dwellinghouse within the curtilage of which the land is situated.

2. Subject to paragraph 13, a site licence shall not be required for the use
of land as a caravan site by a person travelling with a caravan who brings the
caravan on to the land for a period which includes not more than two nights

(a)if during that period no other caravan is stationed for the purposes of
human habitation on that land or any adjoining land in the same occupation;
and

(b)if, in the period of twelve months ending with the day on which the caravan
is brought on to the land, the number of days on which a caravan was stationed
anywhere on that land or the said adjoining land for the purposes of human
habitation did not exceed twenty-eight.

3.(1) Subject to paragraph 13, a site licence shall not be required for the
use as a caravan site of land which comprises, together with any adjoining
land which is in the same occupation and has not been built on, not less than
five acres

(a)if in the period of twelve months ending with the day on which the land is
used as a caravan site the number of days on which a caravan was stationed
anywhere on that land or on the said adjoining land for the purposes of human
habitation did not exceed twenty-eight; and

(b)if in the said period of twelve months not more than three caravans were so
stationed at any one time.

(2) The Ministry may by order provide that in any such area as may be
specified in the order this paragraph shall have effect subject to the
modification

(a)that for the reference in sub-paragraph (1) to five acres there shall be
substituted a reference to such acreage as may be specified in the order; or

(b)that for the condition specified in head (a) of that sub-paragraph there
shall be substituted a condition that the use in question falls between such
dates in any year as may be specified in the order;

(3) An order under this paragraph shall come into force on such date as may be
specified in the order, being a date not less than three months after the
order is made; and the Ministry shall publish notice of the order in a local
newspaper circulating in the locality affected by the order and in such other
ways as appear to it to be expedient for the purpose of drawing the attention
of the public to the order.

4. Subject to paragraph 13, a site licence shall not be required for the use
as a caravan site of land which is occupied by an organisation which holds for
the time being a certificate of exemption granted under paragraph 12 (in this
Schedule referred to as an "exempted organisation") if the use is for purposes
of recreation and is under the supervision of the organisation.

5.(1) Subject to paragraph 13, a site licence shall not be required for the
use as a caravan site of land as respects which there is in force a
certificate issued under this paragraph by an exempted organisation if not
more than five caravans are at the time stationed for the purposes of human
habitation on the land to which the certificate relates.

(2) For the purposes of this paragraph an exempted organisation may issue as
respects any land a certificate stating that the land has been approved by the
exempted organisation for use by its members for the purposes of recreation.

(3) The certificate shall be issued to the occupier of the land to which it
relates, and the exempted organisation shall send particulars to the Ministry
of all certificates issued by the organisation under this paragraph.

(4) A certificate issued by an exempted organisation under this paragraph

(a)shall specify the date on which it is to come into force and the period for
which it is to continue in force, being a period not exceeding one year; and

(b)may be withdrawn by the organisation at any time if the occupier of the
land to which it relates fails to comply with any conditions specified in the
certificate.

6. Subject to paragraph 13, a site licence shall not be required for the use
of land as a caravan site if the use is under the supervision of an
exempted organisation and is in pursuance of arrangements made by that
organisation for a meeting for its members lasting not more than five days.

7. Subject to paragraph 13, a site licence shall not be required for the use
as a caravan site of agricultural land for the accommodation during a
particular season of a person or persons employed in farming operations on
land in the same occupation.

8. Subject to paragraph 13, a site licence shall not be required for the use
of land as a caravan site for the accommodation during a particular season of
a person or persons employed on land in the same occupation, being land used
for the purposes of forestry (including afforestation).

9. Subject to paragraph 13, a site licence shall not be required for the use
as a caravan site of land which forms part of, or adjoins, land on which
building or engineering operations are being carried out (being operations for
the carrying out of which permission under the [Order of 1972] has, if
required, been granted) if that use is for the accommodation of a person or
persons employed in the course of those operations or the person or persons
who own any estate in the land on which those operations are being carried
out.

10.(1) Subject to paragraph 13, a site licence shall not be required for the
use of land as a caravan site by a travelling showman who is a member of an
organisation of travelling showmen which holds for the time being a
certificate granted under this paragraph and who is, at the time, travelling
for the purposes of his business or who has taken up winter quarters on the
land with his equipment for some period falling between the beginning of
October in any year and the end of March in the following year.

(2) For the purposes of this paragraph the Ministry may grant a certificate to
any organisation recognised by the Ministry as confining its membership to
bona fide travelling showmen; and a certificate so granted may be withdrawn by
the Ministry at any time.

11.(1) A site licence shall not be required for the use as a caravan site of
land occupied by a [district council].

Sub-para.(2) rep. by SRO (NI) 1973/285

12.(1) For the purposes of such of the following provisions as the Ministry
may specify in the certificate, that is to say, paragraphs 4, 5 and 6
the Ministry may grant a certificate of exemption to any organisation as to
which the Ministry is satisfied that its objects include the encouragement or
promotion of recreational activities.

(2) A certificate granted under this paragraph may be withdrawn by
the Ministry at any time.

(3) An organisation to which a certificate of exemption is granted under this
paragraph shall pay to the Ministry such fee, if any, as the Ministry may
prescribe by regulations made with the approval of the Ministry of Finance.

(4) Where the Ministry withdraws a certificate granted under this paragraph,
it shall out of moneys provided by Parliament refund to the organisation to
which the certificate was granted such part of any fee paid by the
organisation in respect of the certificate as may be prescribed by regulations
made by the Ministry with the approval of the Ministry of Finance.

(5) Regulations made by the Ministry under this paragraph shall be subject to
negative resolution.

13.(1) The Ministry may on the application of a [district council] by order
provide that, in relation to such land situated in the [district] of the
[council] as may be specified in the order, this Schedule shall have effect as
if paragraphs 2 to 10, or such one or more of those paragraphs as may be so
specified, were omitted from this Schedule.

(2) An order under this paragraph

(a)shall come into force on such date as may be specified therein; and

(b)may, on the application of the [district council] on whose application it
was made, be varied or revoked by a subsequent order made thereunder;

14. Orders made by the Ministry under paragraphs 3 and 13 shall be subject to
negative resolution.
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Northern Irish Legislation

CARAVANS ACT (NORTHERN IRELAND) 1963 - SECT 26
