The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020

Meaning of “non-commercial family-occupied site”

3.—(1) In these Regulations “non-commercial family-occupied site” means a relevant protected site—

(a) on which each caravan stationed on a permanent pitch and used as a permanent residence is so used only by—

(i) the occupier(1) or the occupier and one or more members of the occupier’s family; or

(ii) a member of the occupier’s family (“F”) or F and one or more members of F’s family; and

(b) which is not operated on a commercial basis.

(2) For the purposes of paragraph (1)(a)—

(a) “caravan used as a permanent residence” means, in relation to a person (“P”), that P occupies the caravan as P’s only or principal home;

(b) “permanent pitch” has the same meaning as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to the Mobile Homes Act 1983(2);

(c) 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.

(3) For those purposes—

(a) a “couple” means two persons who are married to each other or otherwise fall within paragraph (2)(c)(i);

(b) “relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;

(c) a relationship of the half-blood is to be treated as a relationship of the whole blood; and

(d) the stepchild or adopted child of a person (“P”) is to be treated as P’s child.

(4) For the purposes of paragraph (1)(b), a relevant protected site is operated on a commercial basis if—

(a) the amount which any person is required to pay the occupier of the site in respect of—

(i) the right to station a caravan on the site and the use of the common areas of the site; or

(ii) the right to 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

(b) the total amount payable to the occupier in respect of the rights mentioned in sub-paragraph (a)(i) and (ii) exceeds the relevant costs.

(5) For those purposes, “relevant costs” means the total of—

(a) any amount which the occupier is liable to pay as regards the site by way of a non-domestic rate under Part 3 of the Local Government Finance Act 1992(3);

(b) any council tax for which the occupier is liable in respect of any caravan situated on the site (other than a caravan in which the occupier resides);

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

(d) the occupier’s reasonable costs of repairs, maintenance and insurance in respect of the site.

(1)

See the definition of “occupier” in section 1(3) of the Caravan Sites and Control of Development Act 1960.

(2)

1983 c. 34. Chapter 1 of Part 1 of Schedule 1 to the Act was inserted, in relation to England and Wales, by S.I. 2011/1003.

(3)

1992 c. 14.