Guidance

Mobile homes: a guide for local authorities on the fit and proper person test

Published 4 June 2021

Applies to England

Introduction

1. The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (hereafter ‘the Regulations) prohibit the use of land as a residential mobile home site unless the local authority is satisfied that the owner or manager of the site is a fit and proper person to manage the site. The purpose of the fit and proper person test is to improve the standards of park (mobile) home site management.

2. The Regulations were made on 23 September 2020 and allow local authorities until 1 July 2021 to prepare to receive applications from site owners. From 1 July 2021 and by 1 October 2021 all site owners must submit an application for a relevant person to be assessed as fit and proper persons.

3. The Regulations apply in relation to all relevant protected sites other than non-commercial family-occupied sites. These include both “residential parks”, which are used exclusively residentially, and “mixed use parks”, which are used for both residential and holiday purposes.

4. This document provides non-statutory guidance to local authorities to help them prepare for and implement the requirements. The guidance also aims to help site owners to understand the assessment process.

5. In this document, references to a “site owner” are used in place of the term “occupier” for ease of reference. The “applicant” must also be the occupier but where the occupier is not an individual, the application can be made on their behalf by a relevant officer. Site owner is again used in place of the applicant for ease of reference.

6. Please refer to the glossary for the definitions of all the terms used in the Regulations.

Overview of the fit and proper person assessment

7. The site owner must apply to the local authority for the relevant person (either themselves or the site manager), to be included on a register of fit and proper persons. A site owner may only apply if they hold or have applied for a site licence for that site. The same requirements apply where the owner or the site manager is not an individual, such as a park owned or managed by a company.

8. The local authority will consider the application in order to satisfy itself that the relevant person is a fit and proper person to manage the site. They will then make a decision whether to place the relevant person on the register with or without conditions, or not to place them on the register. A site owner will have a right of appeal against a decision or condition.

9. Where a relevant person fails an assessment and the site owner is unable to identify and appoint a suitable alternative manager who must also undergo the fit and proper assessment, the local authority could appoint a person to manage the site, with the consent of the site owner.

10. It is an offence for a site owner to:

(a) cause or permit land to be operated as a relevant protected site unless they or the person appointed to manage the site is a fit and proper person to manage the site

(b) provide false or misleading information or fail to provide information in an application; or

(c) fail to comply with a requirement set as a condition of the local authority’s decision to include a person on the register

11. If convicted for any of these offences, the site owner will face a potentially unlimited fine.

1. Who will the fit and proper person assessment apply to?

12. In order to lawfully operate a site when the Regulations come into force, the site owner or the person appointed to manage the site must be a fit and proper person to manage the site. The person subject to the assessment is the “relevant person”.

Site owner

13. Where the site owner is the subject of the assessment, the application must be made on behalf of the existing site owner or any person who has applied to the local authority for a new licence or for the transfer of an existing licence.

14. Where a person becomes the site owner as a result of inheriting the estate of a previous site owner and there is no fit and proper site manager in place, they will have to apply either for themselves or for the person appointed or to be appointed to manage the site, to be placed on the fit and proper register (See Section 7).

Person appointed to manage a site

15. If a site owner has appointed a person to manage the site (site manager), the site owner can apply for the site manager to be placed on the fit and proper register.

Which sites will the fit and proper person requirements apply to?

16. Unless the site is exempted by the Regulations, the requirements will apply to the relevant persons of all relevant protected sites. These include both residential and mixed use (holiday and residential) parks.

17. Sites that are exempted by the Regulations are those that are only occupied by members of the same family and are not being run as commercial residential sites.

18. In determining whether a site is a “non-commercial family-occupied site”, the local authority must take two considerations into account.

19. The first consideration is whether each caravan stationed on a permanent pitch and used as a permanent residence is so used only by:

(i) the site owner or the site owner and one or more members of the site owner’s family; or
(ii) a member of the site owner’s family (“F”) or F and one or more members of F’s family.

20. A person is a member of the same family as another person if:

(i) those persons are married to each other, in a civil partnership or live together as if they were married or in a civil partnership;
(ii) one of them is a relative of the other; or
(iii) one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple.

21. For these purposes:

• a “couple” means two persons who are married to each other, in a civil partnership or live together as if they were married or in a civil partnership
• a “relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin
• a relationship of the half-blood is to be treated as a relationship of the whole blood and the stepchild or adopted child of a person (“P”) is to be treated as P’s child

22. The second consideration is whether the site is operated on a commercial basis.

23. A site is operated on a commercial basis if the amount which any person is required to pay the site owner in respect of the right to station or reside in a caravan on the site and the use of the common areas of the site, exceeds a fair contribution towards the relevant costs or the total amount payable to the site owner exceeds the relevant costs.

24. “Relevant costs” means the total of:

(a) any amount which the occupier is liable to pay as regards the site by way of a nondomestic rate under Part 3 of the Local Government Finance Act 1988

(b) any council tax for which the site owner is liable in respect of any caravan situated on the site (other than a caravan in which the site owner resides) or any dwelling situated on the site that is not a caravan (other than a dwelling in which the site owner resides); and

(c) the site owner’s reasonable costs of repairs, maintenance and insurance in respect of the site

2. The fit and proper person application process

25. Applications must be made to the relevant local authority by the site owner (regulation 6(1)). Where the site owner is not an individual, the application must be made on their behalf by a relevant officer.

26. A ‘relevant officer’ means where the site owner is a:

• company: a director or other officer of the company
• partnership: a partner
• body corporate: a member where the conduct of the management of the body is vested in its members
• body not falling within any of the above categories: a member of the management committee

27. Where there are joint site owners, it is acceptable for only one of the owners to make the application on behalf of all as details of the other owner(s) must be provided in the application form.

Information to be provided by the site owner

28. The site owner must provide the following information in their application:

• the name and business contact details of the site owner
• where the site owner is an organisation, the individual completing the form must provide for themselves and each relevant officer of the organisation, their name and details of their role (if any) in relation to the management of the site
• the name and address of the site
• evidence of the site owner’s legal estate or equitable interest in the site
• confirmation that the site owner is the occupier within the meaning of section 1 of the Caravan Sites and Control of Development Act 1960
• the name and business contact details of any other person that has a legal estate or equitable interest in the site. An equitable interest entitles a person – such as the beneficiary of a trust - to the benefit from the land whether or not they are recorded as a legal owner. This information will help the local authority to determine as part of its assessment whether the conduct of any of those persons is relevant to the question of whether the person subject to the assessment is a fit and proper person to manage the site
• the name and address of each other relevant protected site(s):
  • for which the site owner holds a licence issued under section 3 of the Caravan Sites and Control of Development Act 1960;
  • in which the site owner has a legal estate or equitable interest; or
  • that the site owner manages
• whether the application for inclusion in the register is made in respect of the site owner or a person that the site owner has appointed to manage the site and the “status” of that “relevant person” in relation to the relevant protected site

29. The “relevant person” is the person subject to the assessment and their “status” means whether they are the site owner or the person appointed to manage the site. This will determine the additional information that must be provided in the application form.

30. In some cases, the site owner will also be required to provide information about other persons who are involved or proposed to be involved in the management of the site. Those other person(s) are referred to in this guidance as “responsible persons”. This requirement is necessary to ensure consistent standards are applied to companies and other organisations that are not individuals.

Additional information: the person’s conduct and ability to secure the proper management of the site

31. In addition to the information to be provided in paragraph 28, a site owner will be required to provide other information relating to the conduct of the relevant and/or the responsible person(s) and their ability to secure the proper management of the site.

32. In relation to the conduct of the relevant person, the information that must be provided is whether the relevant 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;

(g) has the right to work in the United Kingdom; and

(h) is a member of any redress scheme for dealing with complaints in connection with the management of the site (see paragraph 34).

33. Also, where any other local authority has rejected an application for the relevant person to be included in a register, that local authority’s reasons (see paragraph 35).

Redress schemes

34. There is no current requirement for site owners or their managers to belong to a government-approved redress scheme. However, if the relevant person is a member of a trade body’s redress scheme it is sufficient to provide that information in the application.

Applications rejected by other local authorities

35. Some site owners or managers may own or manage other sites in the same local authority or other authority areas. The ownership or management of those sites may be relevant to the application in terms of their suitability to manage a site. Information must therefore be provided in the application on whether the relevant person or a responsible person has had an application rejected by another local authority and if so, the reasons why. With this information, the local authority will be able to direct its enquiries to those particular authorities, to confirm the details provided and whether there are any matters that may be relevant to the application.

36. If a site owner provides false or misleading information or withholds information from a registration application this is an offence under the Regulations.

37. In relation to responsible persons, the site owner will have to provide the following “Required Information”:

(a) the person’s name and business contact details;

(b) details of the person’s role or proposed role in relation to the management of the site;

(c) where the person has not yet been appointed, the address, telephone number and email address (if any) at which the person may be contacted in respect of the application;

(d) details of each relevant protected site (other than that to which the registration application relates):

(i) for which the person holds a licence issued under section 3 of the Caravan Sites and Control of Development Act 1960;
(ii) in which the person has a legal estate or equitable interest; or
(iii) that the person manages.

38. In addition to the required information in paragraph 37, 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.

39. Also, where any other local authority has rejected an application for the responsible person to be included in a register, the local authority’s reasons.

Criminal records certificate

40. A criminal records certificate will be required:

(a) where the relevant person is an individual; and

(b) for each individual in relation to whom the site owner is required to provide information.

41. The persons the site owner is required to provide information and a criminal records certificate for are listed in paragraphs 43 to 48 below.

42. The certificate must have been issued no more than 6 months before the date of the application. It is for the site owner to ensure that any certificate they provide with an application meets this requirement. See details of how to obtain a criminal records certificate.

Information that must be provided

43. If the site owner is an individual and will manage the site themselves then they are the subject of the assessment. They have to provide:

• a criminal records certificate; and
• the information in paragraphs 32 and 33

44. If the site owner has appointed or is to appoint an individual to manage the site (site manager) and who will be subject to the assessment (paragraph 10(2) of Schedule 2), the site owner must provide for the site manager:

• the information in paragraphs 37 to 39; and
• a criminal records certificate

45. If the site owner has appointed or is to appoint a company to manage the site (site manager), and the site manager will be subject to the assessment, the site owner must provide:

• for each relevant officer of the site manager:
  • their name; and
  • details of their role (if any) in relation to the management of the site
• for the individual that the company has appointed or intends to appoint to be responsible for the day-to-day management of the site:
  • the information in paragraphs 37 to 39; and
  • a criminal records certificate

46. If the individual above is not a relevant officer of the company, then the site owner must also provide the information in paragraphs 37 to 39 and a criminal records certificate for the relevant officer to whom the individual will be accountable for the day-to-day management of the site.

47. If the site owner is an individual and will be site manager, but has also appointed or intends to appoint someone else to be responsible for the day to day management of the site (paragraph 11 of Schedule 2), they must provide:

• the information in paragraph 32 and 33 for themselves; and
• the additional information in paragraphs 37 to 39 for the person they have appointed or intend to appoint to be responsible for the day-to-day management of the site
• a criminal records certificate for themselves and the person appointed or to be appointed to be responsible for the day to day management of the site

48. Where the site owner is not an individual and will be subject to the assessment (paragraph 12 of Schedule 2), they must provide:

• for each relevant officer of the site owner:
  • their name; and
  • details of their role (if any) in relation to the management of the site

• the information in paragraphs 37 to 39 and a criminal records certificate for the person that the site owner has appointed or intends to appoint to be responsible for the day-to-day management of the site

• where the person appointed to manage the site is not a relevant officer of the site owner, the information in paragraphs 37 to 39 and a criminal records certificate must be provided for the relevant officer to whom the person managing the site is/will be accountable for the day-to-day management of the site

• where the person responsible for the day-to-day management of the site (“B”) is not an individual, the information in paragraphs 37 to 39 and a criminal records certificate must be provided for the individual (“C”) that B has appointed or intends to appoint to be responsible for the day-to-day management of the site

• where C is not a relevant officer of the organisation (“B”), the information in paragraphs 37 to 39 and a criminal records certificate must be provided for the relevant officer to whom C is/ will be accountable for the day-to-day management of the site

Additional considerations: management and financial arrangements

49. As part of its assessment, the local authority must have regard to whether the relevant person is able to secure the proper management of the site. Details of those considerations are set out in Section 3.

50. To enable the local authority to make those considerations and consider the application as quickly as they can, the site owner is required to provide some minimum information in the application form, with supporting documents. If after considering the information the local authority requires clarification or further information, they can request the site owner to provide that information.

51. As good practice, the request should be in writing and state clearly the specific information that is required and the reason it is considered relevant to enable the site owner to meet the request and avoid any delays to the application process.

Persons associated with the site owner or manager

52. Local authorities may also have regard to the conduct of any person associated or formerly associated with the relevant person (whether on a personal, work or other basis) if it appears to the authority that that person’s conduct is relevant to the question of whether the person undergoing the assessment is a fit and proper person to manage the site or a proposed site. See Section 3 for further details.

Other persons involved in the management of the site (paragraph 13, Schedule 2)

53. As set out in paragraphs 31 to 42, the site owner will be required to provide certain information for any responsible person. In making a fit and proper assessment, a local authority may also have regard to the conduct of person’s associated with the relevant person (paragraphs 84 to 88). There may be instances where a person or organisation associated with the relevant person may be involved in the management of the park but without a clearly prescribed role.

54. What is considered as involvement in the management of the park in such cases will differ from site to site. Local authorities could take account of factors such as how regularly the person or organisation attends the park, the level of involvement with residents and what impact(s) that person’s presence on the site has on residents in relation to factors such as their wellbeing, welfare, quiet enjoyment of their homes and safety. Local authorities should consider the evidence and circumstances of each individual case.

55. For example, a person carrying out maintenance on the park every month may not be considered to be involved in the site’s management. However, if that person is involved on a regular basis with dealing with or seen to be dealing with management issues such as responding to residents’ queries or contractual matters, on behalf of the site manager or a relevant officer, that person would more likely be involved in the site’s management.

56. Also, where the owner of a small site permits a relative to manage the site each time they go on holiday, the relative will clearly be involved in the management of the site.

57. As site owner, it is that person’s responsibility to know who is involved in the management of their site and ensure the right management and reporting structures are in place. Where a site owner makes no or very little effort to be transparent it could be an indication of other site management issues.

58. Local authorities are not expected to investigate, in every case, whether there are other persons involved in the management of the site. They may however have information or knowledge about other persons or organisations who may have some involvement in the management of the park.

59. It would be reasonable in those circumstances for the local authority to expect the site owner to include that person or organisation in their application. Where that is not the case, the local authority may reasonably seek an explanation.

60. Local authorities should be conscious that some site owners, particularly smaller operators, may lack a clear understanding of the Regulations particularly on the occasion of their first application. It will often be good practice to explain any concern about the application and ask for clarification before drawing any adverse inference.

Fees and charges

61. Local authorities will be able to charge two types of fees to cover their costs.

• An application fee to cover the cost of assessing applications to be included on the fit and proper register. An application must be accompanied by the relevant application fee (if any). If a fee is required and is not included with the application, the application is not valid. Unless a valid application is made before the fit and proper person requirements come fully into force a site owner that continues to operate the site will commit an offence and could be prosecuted.

• An annual fee if an application is granted subject to such a condition, to cover the cost of monitoring the scheme or conditions attached to entries. The authority can decide and set the frequency of payments to cover their administrative costs. Breach of a condition requiring payment by annual fee is an offence.

62. All fees must be published in an authority’s Fees Policy document and must be transparent and reasonable.

63. When fixing the application fee and deciding the amount and frequency of additional payments by way of annual fee, the local authority:

(a) must act in accordance with their published fees policy;

(b) may fix different fees for different cases or descriptions of case; and

(c) may determine that no fee is required to be paid in certain cases or descriptions of case.

64. A local authority can revise their fees policy at any time but where they do so they must publish the revised policy.

65. The items that can be included in calculating both fees are set out in the published fee policy guidance.

66. In certain exceptional circumstances a local authority may, with the site owner’s consent, appoint a site manager. The local authority would be able to recover from the site owner, the costs they incurred in making the appointment (see paragraphs 141 to 142).

Declarations from the appropriate person

67. “The appropriate person” means:

(a) where the site owner is a company, a director or other officer of the company;

(b) where the site owner is a partnership, one of the partners;

(c) where the site owner is a body corporate the conduct of the management of which is vested in its members, a member;

(d) where the site owner is a body not falling within paragraph (a), (b) or (c), a member of the management committee;

(e) where the site owner is an individual, that individual.

68. The appropriate person must make and sign a declaration that:

(a) where the site owner is not the relevant person (person subject to the assessment), the site owner has made all reasonable enquiries into the matters relating to the relevant person; and

(b) that the information provided in the application is correct and complete to the best of the site owner’s knowledge and belief.

69. The purpose of the declaration 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. 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.

3. What local authorities must consider in making a fit and proper assessment

70. Making a fit and proper assessment means:

(a) considering a registration application from a site owner; or

(b) deciding whether it is appropriate to appoint a person as the manager of a site

71. In making the fit and proper assessment local authorities must have regard to the following (regulation 7(1)(a)).

Whether the relevant person has the ability to secure the proper management of the site

72. Proper management of the site includes, but is not limited to, securing compliance with the site licence and the long-term maintenance of the site. In considering whether the relevant person is, or would be, able to secure the proper management of the site, the local authority must (among other things) have regard to:

(a) whether the relevant person has a sufficient level of competence to manage the site

(b) the management structure and funding arrangements for the site or proposed management structure and funding arrangements.

Competence to manage the site

73. The local authority must consider whether the relevant person has a sufficient level of competence to manage the site. In considering whether a person is competent, local authorities can take into consideration whether they have sufficient experience in managing a site (or a similar business) or have received sufficient training in doing so and are familiar with the relevant law and health and safety requirements.

The management structure of the site

74. In terms of management structures, the local authority may want to ensure the relevant person has arrangements in place covering issues such as pitch fee collection, availability of those involved in the day-to-day management of the site, their contact details for residents (including out of office or emergency contact details), how complaints about the condition of the site are dealt with, routine and cyclical maintenance, etc. Local authorities may also want to ensure, particularly where the site manager is the subject of the assessment, that the management structure in place gives the person the necessary authority and independence to manage the site effectively and take timely decisions and actions in carrying out their responsibilities. Local authorities should recognise that the management arrangements will differ by size of business, for example micro and SME businesses where the whole management function may appropriately be vested in one individual.

75. The sufficiency (or otherwise) of the site owner’s interest or estate in the land will have a bearing as would their financial standing, management structures and competence, in order to give an overall assessment as to suitability to manage the site in a safe and sustainable way. For example, a management structure would be unlikely to be suitable if the site owner is an individual or a company (including its directors) domiciled outside of the United Kingdom, unless there are arrangements in place within the United Kingdom to ensure the site can be effectively managed.

The funding arrangements in place for managing the site

76. In relation to the funding arrangements, the local authority may want to consider whether the site owner has sufficient funds (or has access to sufficient funds) to manage the site and comply with obligations under the licence. Site owners should be able to explain how their funding arrangements are sufficient to ensure that the relevant person is able to secure the proper management of the site.

77. Where the site manager is the subject of the assessment, the local authority should also consider whether that person has the budget and financial authority to spend and make decisions in relation to the management and maintenance of the site.

78. Local authorities should recognise that the funding requirements will differ by size and age of business. For example, a park under development will require funds or access to funds to carry out the development within the planned timescale whilst a developed site will need funds to meet maintenance obligations. Whilst the circumstance of each park must be considered, many parks will fund their obligations through the pitch fee and commission income received from residents.

Information regarding the relevant person and a responsible person

79. The local authority must have regard to the information listed in paragraphs 28, paragraphs 32 and 33 for relevant person and paragraphs 37 to 39 for responsible person.

80. The information local authorities must have regard to in paragraphs 32 and paragraphs 38 includes whether the person “has harassed any person in, or in connection with, the carrying on of any business” (paragraphs 32(d) and 38(d)).

81. Harassment is both a criminal offence and a cause of civil action under the Protection from Harassment Act 1997. It is also an offence under the Caravan Sites Act 1968 and if convicted, the site owner could face an unlimited fine or in a second or subsequent offence, an unlimited fine or imprisonment not exceeding 6 months. Local authorities have a duty under the 1968 Act to investigate any conduct which could result in harassment. They will determine whether any evidence provided to them is sufficient to prosecute. Local authorities may wish to rely on convictions by the courts as evidence of harassment to reduce the risk of a successful challenge of their decisions.

82. Where a local authority has records of complaints of harassment previously made against a relevant person but did not take action, the authority may consider in the course of their decision making whether those complaints are indicative of underlying problems with the management of the site or the site owners’ lack of experience/skills in dealing with customers.

83. If there are underlying issues with the site’s management or the owner’s skills/experience, the local authority may consider other options to address those underlying issues such as attaching conditions to the entry (See Section 6).

Conduct of associated persons

84. The local authority may have regard to the conduct of any person associated or formerly associated with the relevant person (whether on a personal, work or other basis) if it appears to the authority that that person’s conduct is relevant to the question of whether the relevant person is a fit and proper person to manage the site or proposed site (regulation 7(1)(b)).

85. A local authority’s application form may give a site owner an opportunity to provide details of any current or former associates of the relevant person in the application form. Those associates are in addition to other current joint owners or relevant persons whose information would have already been provided in the application form.

86. There is no obligation to provide this additional information but doing so may help the site owner address any concerns about such associates.

87. Local authorities should not routinely require information of all current or past associates of the relevant person. However, if before the local authority makes a final decision, it considers that the conduct of a current or former associate they are aware of will be relevant to that application they can ask the site owner to provide the additional information about that associate.

88. It is for each local authority to decide based on the facts of the case who they consider to be an associate and why they consider the conduct to be relevant to the application. A relevant associate could be considered as one who may have played a part, directly or indirectly, in a decision or action which has had an impact on residents’ rights or the quiet enjoyment of their homes.

Any other relevant matters

89. A local authority may also have regard to any evidence as to any other relevant matters.

90. Local authorities can decide what matters they think are relevant to the assessment of a particular application. These could, for example, be in relation to current or previous issues or events that occurred in relation to the park or any other park owned or managed by the relevant person in another local authority area. Those matters could also be in relation to the relevant person’s other business dealings outside the park homes sector, which have implications for the financial and management arrangements of the site in question.

91. In all cases, a local authority must have evidence to support any matters it considers relevant, as its final decision could be challenged at the First-tier Tribunal where the burden of proof would lie on the local authority. The evidence could include tribunal and court decisions, documents or records from Companies House, public bodies or financial institutions. Allegations which have not been investigated or documented should not be used as evidence to support an authority’s decision.

4. Local authority decisions, notification and appeal rights

92. Local authorities should consider an application as soon as they can after an application is made and the decision should be made as soon as reasonably practicable. In making the decision, the authority should take account of all relevant considerations. The weight to be given to each relevant consideration is a matter for the local authority.

93. After considering an application, a local authority will be required to make one of three possible decisions.

To include the relevant person on the register unconditionally

94. Where following an assessment a local authority is satisfied that the relevant person meets the fit and proper requirements, they must include the relevant person on the register. The entry on the register has effect for such period as the local authority may decide but that period may not exceed 5 years). The authority must issue a final decision notice to the site owner to inform them of its decision.

95. The final decision notice must set out:

(a) the date the final decision notice is served;

(b) the final decision;

(c) the reasons for it;

(d) when the decision is to take effect;

(e) information about:

(i) the right of appeal to the First Tier Tribunal; and
(ii) the period within which an appeal may be made.

To include the relevant person on the register subject to certain condition(s)

96. The local authority may also grant an application subject to condition(s) which may include a condition relating to the payment of an annual fee.

Not to include the relevant person on the register

97. If the local authority determines that the relevant person does not meet the requirements and is unable to grant the application (with or without conditions), a local authority must refuse to grant the application.

Preliminary decision notice

98. Where a local authority makes a decision to include the relevant person on the register for less than 5 years or subject to conditions or not to include the relevant person on the register, it must issue a preliminary decision notice to the site owner.

99. The preliminary decision notice must set out:

(a) the date the preliminary decision notice is served;

(b) the preliminary decision;

(c) the reasons for it;

(d) the date it is proposed that the final decision will have effect;

(e) information about the right to make written representations;

(f) where the preliminary decision is to refuse the application, the consequences of causing or permitting the land to be used as a relevant protected site in contravention of the Regulations; and

(g) where the preliminary decision is to grant the application subject to conditions, the consequences of failing to comply with any condition.

Right to make a representation

100. A site owner who receives a preliminary decision notice will have 28 days to make representations to the local authority. The 28 day period begins with the day after the day on which the notice was served. The local authority must consider and take any representations it receives into account before making a final decision.

Final decision notice

101. The local authority must as soon as reasonably practicable after the end of the period of representation, make a final decision and serve the decision notice on the site owner.

102. Where the decision is to grant the application unconditionally, and to include the relevant person on the register for 5 years, the local authority must also serve a final decision notice on the applicant.

103. The final decision notice must set out:

(a) the date the final decision notice is served;

(b) the final decision;

(c) the reasons for it;

(d) when the decision is to take effect;

(e) information about the right of appeal and the period within which an appeal may be made;

(f) where the decision is to refuse the application, the consequences of causing or permitting the land to be used as a relevant protected site in contravention of the Regulations; and

(g) where the decision is to grant the application subject to conditions, the consequences of failing to comply with any condition.

Appeals

104. The person on whom the local authority serves a final decision notice may appeal to the First-tier Tribunal against any decision to:

(a) include the relevant person on the register for an effective period of less than 5 years;

(b) include the relevant person on the register subject to conditions; and

(c) reject the application.

105. If the site owner decides to appeal the decision, they must make an application to the First Tier Tribunal in line with the timeframes set by the tribunal at the time – currently 28 days.

Rejected applications

106. Where a site owner accepts a local authority’s decision not to include the relevant person on the register, they will need to make alternative management arrangements to comply with the fit and proper person requirement.

107. If the rejected application was an in-time application, the site owner then has 28 days to either make an application in respect of an alternative person or notify the authority of their intention to do so. If they notify the authority, they must then make an application within 3 months of the date of service of the final decision notice. If they continue to operate the site and do not make an application within these periods they will commit an offence.

108. Rejection of an out-of-time application means that the site owner immediately becomes liable for operating a site in contravention of the regulations (an offence).

109. A site owner will not be able to claim compensation for losses incurred pending the outcome of an appeal.

Removal from register, variation of conditions etc.

110. If, after a person is included in the register, new evidence relevant to the person’s inclusion in the register becomes available, the local authority may decide to:

(a) remove the person from the register;

(b) impose a condition on the inclusion of the person in the register (whether or not there are conditions already imposed);

(c) vary a condition; or

(d) remove a condition

111. Local authorities are expected to use their judgement in reaching a decision on whether to review an entry and any subsequent action. Any such decision must be related to the person being a fit and proper person rather than for example site licensing issues which can be dealt with under other powers.

112. Before taking any of the actions listed in paragraph 110 (a) to (c), the local authority must serve a notice of proposed action on the site owner. The local authority may also consider sending a copy to any site manager or relevant responsible person but is not required to do so.

113. The notice of proposed action must set out:

(a) the date the notice of proposed action is served;

(b) the action the local authority proposes to take;

(c) the reasons for it;

(d) the date it is proposed that the local authority will take the action;

(e) information about the right to make written representations;

(f) where the proposed action is to remove a person from the register, the consequences of causing or permitting the land to be used as a relevant protected site in contravention of the Regulations; and

(g) where the proposed action is to impose a condition on the inclusion of a person in the register or to vary a condition, the consequences of failing to comply with any condition.

114. A notice of proposed action is not required where the local authority decides to remove a condition (paragraph 110 (d)) attached to an entry. A removal of a condition will generally be a positive step which is unlikely to be opposed. It is for that reason that a notice of proposed action is not required. As good practice, it is recommended that local authorities make the occupier aware of the decision in writing and also ensure the register is updated.

Notice of action

115. Where a notice of proposed action is given, the site owner will have 28 days starting from the day after the notice is served, to make representations.

116. The local authority must, as soon as reasonably practicable after the end of the 28 day period decide whether or not to take the action proposed.

117. Where the local authority decides to and takes the action mentioned in paragraph 110 (a), (b) or (c) the local authority must serve a notice of action on the site owner within the period of 5 working days beginning with the day after the day on which the action was taken.

118. The notice of action must set out:

(a) the date the notice of action is served;

(b) the fact that they have taken the action;

(c) the reasons for doing so;

(d) the date the action was taken;

(e) information about the right of appeal and the period within which an appeal may be made;

(f) where the action is to remove a person from the register, the consequences of causing or permitting the land to be used as a relevant protected site in contravention of Regulations; and

(g) where the action is to impose a condition on the inclusion of a person in the register or to vary a condition, the consequences of failing to comply with any condition.

Withdrawal or amendment of notice

119. There may be circumstances where a local authority may decide not to continue with an action it has decided to take. Where the local authority decides not to take the action it may withdraw or amend:

(a) a preliminary decision notice before service of the final decision notice;

(b) a final decision notice before the decision to which it relates takes effect; or

(c) a notice of proposed action before the proposed action is taken.

120. To withdraw or amend a notice, the local authority must serve notice on the person on whom the original notice was served.

121. Though there is no requirement for the notice to contain specific information, it is recommended that the withdrawal or amendment notice should state:

• that it is withdrawing/amending the original notice (a copy of the original notice should be attached for reference)
• the reasons for withdrawing/amending the notice
• the date it takes effect; and
• the implications of the decisions in relation to their entry on the register

5. Register of fit and proper persons

122. Local authorities will be required to:

(a) establish and keep up to date a register of persons who they are satisfied are fit and proper persons to manage a relevant protected site in their area;

(b) make the register open to inspection by members of the public at the offices of the local authority during normal office hours; and

(c) publish the register online.

123. The requirement to publish the register online only applies to the register of fit and proper persons. It does not apply to the register of site licences that local authorities are already required to keep. Local authorities could, however, decide to publish their register of site licences alongside the register of fit and proper persons.

124. A person’s inclusion in the register will be for such period as the local authority may decide, but that period must not exceed 5 years.

125. It will be for each authority to decide on the format of their local register. A register must contain the following details:

(a) the name and business contact details of the person;

(b) the name and address of the relevant protected site to which the application relates;

(c) the status of the person;

(d) the dates of the first and last day of the period for which the person’s inclusion in the register has effect;

(e) whether any condition is attached to the person’s inclusion in the register; and

(f) where any condition is attached to the person’s inclusion in the register:

(i) the number of any such conditions;
(ii) the dates of the first and last day of the period for which any such condition applies (if applicable); and
(iii) the date any condition is varied or satisfied (if applicable).

Information that must be included in respect of a local authority appointee

126. Where a local authority has, with the site owner’s consent, appointed a site manager, the local authority must include the following information in the register:

(a) the name and business contact details of the person;

(b) the name and address of the site which the person has been appointed to manage;

(c) the status of the person;

(d) the dates of the first and last day of the period for which the person’s inclusion in the register has effect;

(e) whether any condition is attached to the person’s inclusion in the register; and

(f) where any condition is attached to the person’s inclusion in the register:

(i) the number of any such conditions;
(ii) the dates of the first and last day of the period for which any such condition applies (if applicable); and
(iii) the date any condition is varied or satisfied (if applicable).

Rejected applications

127. Where a local authority has rejected an application, the local authority must include the following information in the register:

(a) the name and address of the site to which the application relates;

(b) that an application in respect of the site has been rejected; and

(c) the date on which the application was rejected.

128. Information about a rejected application will remain in the register until a successful fit and proper person application is made in respect of the owner or manager of the site or a local authority have, with the occupier’s consent, appointed a person to manage the site.

129. For privacy reasons, the name of the relevant person who was rejected will not be included on the register. Local authorities will however be able to consider requests for further information about the entry on the register, for example the details of the specific conditions attached and any additional information, on a case by case basis and in accordance with data protection legislation.

6. Conditions attached to an entry on the register

130. A local authority may decide to include the relevant person on a register subject to a condition(s), if it would only be satisfied that the relevant person would meet the fit and proper requirement if the condition(s) were complied with. A site owner will be able to appeal against a decision to attach (or vary) a condition to an entry. It is therefore important that the local authority has clear and justifiable reasons for attaching a condition(s) and that any condition is also enforceable.

131. To ensure conditions are enforceable, local authorities may wish to set them to meet certain tests such as those in Table 1 below.

Table 1

Test	Explanation
Specific	The condition sets out clearly the specific actions a relevant person is being asked to take to address an issue.
Measurable	The condition sets out the required outcome(s) expected.
Achievable	The relevant person should be reasonably expected to be able to achieve the condition. For example, it may not be reasonable to expect a site owner of one small site to have the same resources to introduce the same procedures as a medium sized company would do.
Relevant	The condition is appropriate and aligns with the overall aims of the test.
Timebound	A clear timescale in which any task/action must be completed.

What can a condition relate to?

132. As the fit and proper assessment is aimed at ensuring that the person managing the site is competent to do so, conditions should relate to the relevant person’s ability to secure the proper management of the site.

133. Where a relevant person has contravened legislation or committed offences set out in paragraphs 32 and 38, a local authority could attach a condition aimed at addressing the underlying cause of the contravention or offence.

134. Local authorities should, in cases where the person has committed those offences or contravened legislation, consider that breach together with all the other information available, in reaching its preliminary decision.

135. A condition can be set in respect of whether the relevant person has the ability to secure the proper management of the site. This means conditions can relate to the factors set out in paragraphs 73 to 78 and 84 to 91, which are the relevant person’s competence to manage the site, the management structure or funding arrangements for the site, an associated person’s influence and any other relevant factors.

136. Example 1 – A local authority has evidence of a site owner’s failure over a period to address residents’ complaints. This could be an indication of poor management which could be addressed by the site owner having an adequate complaints procedure in place. A condition could be attached requiring the relevant person to “implement an effective and accessible three stage complaints process for residents by xx date and provide the local authority with quarterly reports of complaints and outcomes, from that date and for the first year”.

137. If the condition is met at the end of the first year, the local authority will record this in the register. If at a future date it is found that the relevant person was failing to implement the complaints procedure appropriately, the local authority could give them a further opportunity to improve their management of the site by attaching a new condition requiring them to provide quarterly reports of complaints and outcomes for another year or for the site owner to complete a relevant “CPD customer service/Dealing with complaints” course by a certain period. If the local authority however considers these courses of actions are unlikely to achieve the desired outcome, it could remove the relevant person from the register.

138. Example 2 – If at the time of making a decision on the application certain documents or information are unavailable to the site owner because of delays by third parties. The local authority may wish to attach a condition to the entry on the register that the relevant person “provide the authority by registered post, with the original xx document by yy date.

139. Example 3 – An associated person has been engaging in particular action X while attending the park, which has been causing distress to residents and has impacted on their wellbeing and security. A condition could be attached to the entry on the register requiring the relevant person to put a measure(s) in place by xxx date and prevent the associated person or any other person from carrying out action X on the site.

Consent for local authority to appoint a site manager

140. In exceptional circumstances where the site licence holder has been unable to find a fit and proper site manager to put forward, they can approach the local authority to discuss if it can appoint a suitable alternative person. The local authority and site licence holder would agree the terms on which the local authority could assist in finding a suitable site manager and the scope of that person’s authority. The agreement would likely include details such as the site licence holder and the local authority’s roles in the process, the level of decision making authority that the site manager may have on behalf of the site licence holder and payment of local authority costs related to the appointment.

141. Local authorities should seek legal advice before agreeing any terms with the site owner. Where the local authority is able to identify a suitable person, the person must undergo the fit and proper assessment and their details included on the register.

Sanctions

142. The Regulations create 3 offences. These are:

• Operating a relevant protected site without a fit and proper person in place – The site owner will have certain defences in proceedings against them. These are set out in Section 7.

• Withholding information or including false or misleading information in a registration application – Where this has happened, the site owner will not have any defences in proceedings against them.

• Failing to comply with a condition – The site owner will have certain defences in proceedings against them. These are set out in Section 7.

143. Local authorities are responsible for enforcing the Regulations. A site owner found guilty of any of the above offences will be liable on summary conviction to a level 5 (unlimited) fine.

Revocation of site licence

144. In certain circumstances, local authorities could apply to a court or tribunal for an order to revoke a site licence. These are:

• If a site owner is convicted for operating a site without they or their appointed manager having been assessed by the local authority as a fit and proper person and has been convicted of that offence on two or more previous occasions, the magistrates’ court before which the site owner is convicted may, on application by the local authority, make an order to revoke the site licence; and

• If a site owner is operating a site without they or their appointed manager having been assessed by the local authority as a fit and proper person, a local authority may apply to the First-tier Tribunal for an order to revoke a licence.

145. The requirement for two previous convictions before the site licence may be revoked by order only applies to the magistrates court.

146. The ability for the local authority to apply to the Tribunal for an order to revoke a site licence without any requirement of a prior conviction, is to ensure that the authority is able to do so in very extreme cases where the best option for all stakeholders would be for a site licence to be revoked urgently to protect the safety and security of residents.

147. Local authorities would be expected to use other powers first where appropriate, for example attaching conditions to an entry, to address any issues about a person being fit and proper to manage a site. The power to revoke a licence without any prior convictions should be used as a last resort as revoking a licence generally will have an impact on residents, site owners and the local community.

7. Defences to fit and proper person offences

148. In certain limited circumstances, a site owner may have a defence where they have breached the regulations by operating a protected site without themselves or a site manager being included in the local authority’s Fit and Proper register. These are set out in Table 2 below.

149. In Table 2 (Schedule 5 of the Regulations):

• “in-time application” means an application made in the circumstance specified in any of rows (a) to (h) of the table which is made within the relevant period;

• “relevant day” means:

(a) in relation to an application in the circumstance that a person appointed to manage the site no longer does so, the later of the day on which:

(i) the person (“P”) ceased to manage the site; and
(ii) the day on which the occupier had knowledge that P had ceased to manage the site, or, if earlier, the day on which the occupier would have had that knowledge if the occupier had taken all reasonable steps to ensure compliance with regulation 4(1) - see paragraph 150.

(b) in relation to a local authority’s decision to remove a person from the register:

(i) the day after the day on which the notice of action was served; or
(ii) where an appeal was brought against the notice of action, the day after the day on which any appeal against such a decision or against any relevant decision of the First-tier Tribunal was finally determined;

(c) in relation to a rejected application:

(i) the day after the day on which the final decision notice was served; or
(ii) where an appeal was brought against the final decision, the day after the day on which any appeal against such a decision or against any relevant decision of the First-tier Tribunal was finally determined.

Table 2: Specified circumstances and relevant periods (Schedule 5 of the Regulations)

Row	Circumstance	Relevant period for making an application in the circumstance
a	The occupier held a site licence immediately before the day on which regulation 4 came into force.	Before the day on which regulation 4 came into force.
b	The period of a person’s inclusion in the register in relation to the site has come to an end other than as a result of action by the local authority under regulation 8(1)(a) (removal from the fit and proper register after new relevant evidence becomes available).	Not less than two months before the end of the period of the person’s inclusion in the register.
c	At the time that the occupier became entitled to possession of the land it was in use as a relevant protected site; and within the period of 28 days beginning with the day after the day on which the person became the occupier of the land the occupier notifies the relevant local authority of its intention to make an application under regulation 6 (application for inclusion in the register).	Within the period of 3 months beginning with the day after the day on which the person became the occupier of the land
d	At the time that the occupier became entitled to possession of the land it was in use as a relevant protected site; and the occupier does not give the notification referred to in row c above.	Within the period of 28 days beginning with the day after the day on which the person became the occupier of the land.
e	A person appointed to manage the site no longer does so; and within the period of 28 days beginning with the day after the relevant day the occupier notifies the relevant local authority that the person no longer does so.	Within the period of 3 months beginning with the day after the relevant day.
f	A person appointed to manage the site no longer does so; and the occupier does not give the notification referred to in row e above.	Within the period of 28 days beginning with the day after the relevant day.
g	The breach of regulation 4(1) (operating a site without being a fit and proper person) arises because the local authority has removed a person from the register; and within the period of 28 days beginning with the relevant day in relation to the local authority’s decision the occupier notifies the relevant local authority of its intention to make a new application under regulation 6 (application for inclusion in the register) in relation to the site.	Within the period of 3 months beginning with the relevant day.
h	The breach of regulation 4(1) arises because the local authority has removed a person from the register; and the occupier does not give the notification referred to in row g above.	Within the period of 28 days beginning with the relevant day.
i	The breach of regulation 4(1) (operating a site without being a fit and proper person) arises because the local authority has rejected an in-time application; and within the period of 28 days beginning with the relevant day in relation to the rejected application the occupier notifies the relevant local authority of its intention to make a new application under regulation 6.	Within the period of 3 months beginning with the relevant day.
j	The breach of regulation 4(1) (operating a site without being a fit and proper person) arises because the local authority has rejected an in-time application; and the occupier does not give the notification referred to in row i above.	Within the period of 28 days beginning with the relevant day.

150. The full text of the Regulations referred to in Table 2 are set out below.

Regulation 4: Requirement for fit and proper person

(1) An occupier of land may not cause or permit any part of the land to be used as a relevant protected site other than a non-commercial family-occupied site unless the relevant local authority:

(a) are satisfied that the occupier is a fit and proper person to manage the site;

(b) are satisfied that a person appointed by the occupier to manage the site is a fit and proper person to do so; or

(c) have, with the occupier’s consent, appointed a person to manage the site.

(2) A local authority may only appoint a person to manage a site if the local authority are satisfied that the person is a fit and proper person to do so.

Regulation 6: Application for inclusion in register

(1) An application for the inclusion of a person in the register by the relevant local authority may be made by the occupier of land in the local authority’s area that is, or is proposed to be, used as a relevant protected site in the local authority’s area that:

(a) holds a licence in respect of the site under section 1 of the Caravan Sites and Control of Development Act 1960 (“a site licence”); or

(b) has applied for a site licence in respect of the site under section 3 of that Act.

(2) On such an application the local authority may:

(a) grant the application unconditionally;

(b) grant the application subject to conditions; or

(c) reject the application.

(3) A registration application must include the matters listed in Schedule 2.

Regulation 8: Removal from register, variation of conditions etc.

(1) Where a person is included in the register, the local authority may in the circumstance prescribed in paragraph (2):

(a) remove the person from the register;

(b) impose a condition on the inclusion of the person in the register (whether or not there are conditions imposed by virtue of regulation 6(2)(b)); or

(c) vary or remove a condition imposed by virtue of regulation 6(2)(b) or this regulation.

(2) The circumstance is that, after the person was included in the register, new evidence relevant to the person’s inclusion in the register becomes available.

Glossary of definitions in the Regulations and Schedules

In the Regulations

Applicant: The person who makes an application under regulation 6.

Occupier: An occupier is defined in section 1(3) of the Caravan Sites and Control of Development Act 1960. Under section 1 of the 1960 Act an occupier operating land as a caravan site is also subject to a requirement to obtain a site licence.

Effective (Regulation 11): Means, in relation to an application, that:

(a) it has not been withdrawn;

(b) and either:

(i) a final decision notice has not been served on the applicant;
(ii) the period for appealing against the final decision, or against any relevant decision of the First-Tier Tribunal, has not expired; or
(iii) where an appeal has been brought against the final decision, or against any relevant decision of the First-tier Tribunal, the appeal has not been finally determined or withdrawn.

Final decision: Means a decision under regulation 6(2).

Final decision notice (Regulation 11): Has the meaning given in Schedule 4.

Non-commercial family-occupied site: Has the meaning given in regulation 3.

Register: Means a register established under regulation 5(2).

Registration application: Means an application under regulation 6(1).

Relevant day (Regulation 12): Means the later of:

(a) the day on which the person (“P”) that the occupier had appointed to fulfil the function ceased to do so; and

(b) the day on which the occupier had knowledge that P had ceased to fulfil the function, or, if earlier, the day on which the occupier would have had that knowledge if the occupier had taken all reasonable steps to ensure compliance with the condition.

Relevant local authority: Means, in relation to land that is, or is proposed to be, used as a relevant protected site, the local authority in whose area the site is situated.

Relevant decision (Regulation 11 and 12): Means a decision which is given on an appeal to the First-tier Tribunal and confirms the local authority’s decision (with or without variation).

Relevant person: Means the subject of the fit and proper person assessment under regulation 7.

The decision to impose the condition (Regulation 12): Means:

(a) the decision under regulation 6(2)(b) to grant the application subject to the condition;

(b) the decision to impose the condition by virtue of regulation 8(1).

Relevant protected site: As defined in section 5A(5) of the Caravan Sites and Control of Development Act 1960, is land in respect of which a site licence is required under Part 1 of that Act, other than land in respect of which the relevant planning permission under Part 3 of the Town and Country Planning Act 1990 or the site licence is:

(a) expressed to be granted for holiday use only, or

(b) 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 (subject to exceptions for year-round occupation by the occupier and persons employed by him).

Working day: Means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

Schedule 1: Information in the register

Business contact details: In relation to a person, the address, telephone number and email address (if any) at which the person may be contacted in relation to business concerning the site.

Status of the person: Means, in relation to a relevant protected site, whether the person is:

(a) the occupier of the site;

(b) a person appointed by the occupier to manage the site; or

(c) a person appointed by the local authority to manage the site.

Schedule 2: Matters to be included in a registration application

Appropriate person: (a) where the applicant is a company, a director or other officer of the company; (b) where the applicant is a partnership, one of the partners; (c) where the applicant is a body corporate the conduct of the management of which is vested in its members, a member; (d) where the applicant is a body not falling within paragraph (a), (b) or (c), a member of the management committee; (e) where the applicant is an individual, that individual.

Business contact details: In relation to a person, the address, telephone number and email address (if any) at which the person may be contacted in relation to business concerning the site.

Required information: Means the information listed in paragraph 13.

Schedule 3: Considerations relevant to fit and proper person assessment

Responsible person (paragraph 4): Means a person in relation to whom the applicant is required to provide information under paragraph 10(2) or (5), 11 or 12 of Schedule 2.

Site: The relevant protected site or proposed relevant protected site in respect of which the application is made.

Schedule 4: Further provision about decisions under regulations 6(1) and 8(1)

Final decision notice: Means a notice that complies with paragraph 5(2).

Notice of action: Means a notice that complies with paragraph 7(3).

Notice of proposed action: Means a notice that complies with paragraph 6(2).

Preliminary decision notice: Means a notice that complies with paragraph 3.