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Fit and Proper Person

Caravan Sites - Fit and Proper Person

 

About the regulations

This page explains new regulations, The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020, which apply to owners and licence holders of residential caravan sites.

The purpose of the legislation is to improve the standards of park home site management.  The assessment has been introduced to ensure that the person responsible for managing the site is suitable, of good character and does not pose a risk to the welfare or safety of persons occupying mobile homes on the site. The requirement for the person responsible for managing the site to be a Fit and Proper Person is in addition to the requirement for a site to be licensed.

To register a Fit and Proper Person you can complete  Application for Register of Fit and Proper Person (PDF) [241KB] (opens new window)

The Fit and Proper Person requirement will make it an offence for a site licence holder to operate a park home site unless they, or their appointed manager, are a Fit and Proper Person to do so. Under some circumstances we have the power to appoint a Fit and Proper Person to manage the site, with the owner's consent.

Who should apply?

This rule applies to residential park home sites which operate on a commercial basis, where units are sold or rented to residents.

The Fit and Proper Person must be the person with day-to-day responsibility for managing a site. This could be the site owner, or a person appointed to undertake the task on the owner's behalf. The applicant should be the site owner and licence holder.

If the site owner is a company or a corporate body, the application form must be completed by an appropriate person. The appropriate person could be:

  • a director or other officer of the company
  • a partner, where the site owner is a partnership
  • a member of the management committee

Exempt sites

A site is exempt if it is "a non-commercial family occupied site". This is a site only occupied by members of the same family and not being run on a commercial basis. See the GOV.UK - legislation website for more details.

 

Applications

You can apply for the fit and proper person test by downloading and completing the  Application for Register of Fit and Proper Person (PDF) [241KB] (opens new window)

For existing sites, applications must be made in the period between 1 July 2021 and midnight on 30 September 2021.

Once this introductory period is complete, further applications must be submitted if the circumstances relating to the nominated Fit and Proper Person change in relation to an existing caravan site; for example:

  • transfer of site licence
  • change in management of the site
  • removal of a person from the register by the Local Authority

In such cases, you will have 3 months to make a new application, so long as the change in circumstances has been notified to us within 28 days. Notify us or submit applications by email to housingstandards@sholland.gov.uk. If we do not receive notification within this 28 day timescale, you must apply within this 28-day period.

The applicant will need to provide a basic DBS certificate for each person involved in the day-to-day management of the site, dated no more than 6 months before the date of the application. The DBS certificate must be from an approved supplier.

You can arrange a DBS check using the Government website.

Fees

The fee for this application is £249.99.  Please see page 9 of our SHDC Mobile Homes and Caravan Site Licensing and Fee Policy (PDF) [294KB] (opens new window)   

If further administrative tasks are required due to unnecessary delays or non-compliance, an Enforcement Cost will be charged at the Authorised Officer rate of £33.81 per hour.

What we will consider

To be sure that the relevant person is a fit and proper person to manage the site, and to add them to the register, we will consider:

  • the owners past compliance with the site licence
  • the long-term maintenance of the site
  • whether the person has sufficient level of competence to manage a site
  • the management structure and funding arrangements for the site or proposed management structure and funding arrangements

We also consider whether the relevant person:

  • has the right to work within the UK
  • 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)
  • 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
  • has contravened any provision of the Equality Act 2010 in, or in connection with, the carrying on of any business
  • has harassed any person in, or in connection with, the carrying on of any business
  • has had an application rejected by any other local authority
  • is or has been personally insolvent within the past 10 years
  • is or has been disqualified from acting as a company director within the last 10 years

We also may consider the conduct of any person associated or formerly associated with the relevant person (whether on a personal, work or other basis), if it appears that the person's conduct is relevant. We can also consider any evidence on any other relevant matters.

Contact us

If you have any questions or require any further information, please contact housingstandards@sholland.gov.uk or telephone 01775 761161