Guidance for site owners

Overview:

1. Please note that this guidance is not comprehensive and does not cover every eventuality.

2. The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (“the Regulations”) introduce a fit and proper person test for site owners or the person appointed to manage the site. The purpose of the fit and proper person test is to improve the standards of park home site management.

3. An application must be made by a site owner, if they hold, or have applied for, a site licence for the site. An annual fee may also be applicable

Definitions

4. “The applicant” is defined at paragraph 2 of the Regulations as “the person who makes an application under regulation 6”.

5. The “relevant person” is also defined at paragraph 2 of the Regulations to mean “the subject of the fit and proper person assessment under Regulation 7”

The application form

6. Please consider the application form carefully and answer all questions. The Application form must be completed and will contain information that is outlined in the Regulations. In summary, you must provide the following to the Local Authority:

a) Details of site and applicant;
b) Information relating to the site manager;
c) Additional information where another person who is an individual is involved in the day-to-day management;
d) Additional information where another person, who is not an individual, is involved in the day-to-day management of the site.

7. Where the site owner is an individual, the application must be completed by that individual.

8. If the site owner is a company or corporate body, the application must be completed by the ‘appropriate person’. The appropriate person:

a) Where the applicant is a company, is a director or other officer of the company; or,
b) Where the applicant is a partnership, a partner; or,
c) Where the applicant is a body corporate, a member of the management committee.

9. The site owner must provide the following information about the responsible person’s conduct. That is, whether the responsible person:

a) has committed any offence involving fraud or other dishonesty, violence, arson or drugs or listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements);
b) has contravened any provision of the law relating to housing, caravan sites, mobile homes, public health, planning or environmental health or of landlord and tenant law;
c) has contravened any provision of the Equality Act 2010 in, or in connection with, the carrying on of any business;
d) has harassed any person in, or in connection with, the carrying on of any business;
e) is, or has been within the past 10 years, personally insolvent;
f) is, or has been within the past 10 years, disqualified from acting as a company director; and
g) has the right to work in the United Kingdom.

10.A criminal record check (basic) must be submitted for the individual being assessed as the fit and proper person and, where applicable, other individuals responsible for the day-to-day management of the site. If a company, the individual responsible for day-to-day management of the site must also submit a criminal record check.

11.The criminal record check must have been issued no more than six months before the date of the Fit and Proper Person application.

Application – Other Considerations:

12.There are other considerations that the Local Authority may take into account as outlined in the Regulations, such as:

a) Ability to secure proper management of the site (e.g. site licence compliance and long term maintenance of the site).
b) Sufficient competence to manage site.
c) Management structure and funding arrangements.
d) Proposed management structure and funding arrangements.
e) Any offences (as outlined above) committed by responsible or relevant person outlined in paragraphs 3 & 4 of Schedule 3 of the Regulations.

13.The above will ensure that a balanced decision is made, tailored to a particular area or site. The Local Authority is to ensure that consistent standards are applied to companies and other organisations who are not individuals.

14.The applicant is to provide further detailed information about responsible persons who have responsibilities for the day-to-day management of the site.

Declaration

15. It is important that you are aware that the declaration on the form is to make the site owner accountable for providing the correct information. It will ensure that where the site owner asks for information from the relevant person, a responsible person, or anyone else involved in the management of the site, to enable them to complete the application form, they do all they reasonably and legally can to ensure they receive and provide the correct information.

16. Please note that if it is later found that some or all of the information included in the form is false or misleading, the site owner could be prosecuted for a breach of the Regulations.

The Register

17.The Local Authority must set up and maintain a register of persons who they are satisfied are fit and proper person/s to manage a site in their area. This register must be open to inspection by the public during normal office hours. This register also must be published online.