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

Regulation 5(3)

SCHEDULE 1 Information in the register

Interpretation

1.  In this Schedule—

“business contact details” means, 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;

“relevant protected site” includes a proposed relevant protected 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.

Information that must be included in respect of an application which is granted

2.  The relevant 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 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

3.  Where a relevant local authority have, with the occupier’s consent, appointed a person to manage a relevant protected site, 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).

Information that must be included in respect of an application which is rejected

4.  Where an application is rejected, 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.

Regulation 6(3)

SCHEDULE 2 Matters to be included in a registration application

Interpretation

1.  In this Schedule—

“business contact details” means 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;

“relevant officer” means—

(a)

where the applicant is a company, a director or other officer of the company;

(b)

where the applicant is a partnership, a partner;

(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 sub-paragraphs (a), (b) or (c), a member of the management committee;

“required information” means the information listed in paragraph 13;

“site” (other than in the phrase “relevant protected site”) means the relevant protected site or proposed relevant protected site in respect of which the application is made.

Details of the site and the applicant

2.  The applicant’s name and business contact details.

3.  Where the applicant is not an individual, the following information in relation to the individual completing the application on behalf of the applicant and each relevant officer—

(a) the person’s name;

(b) details of the person’s role (if any) in relation to the management of the site.

4.  The name and address of the site.

5.  Evidence of the applicant’s legal estate or equitable interest in the site.

6.  Confirmation that the applicant is the occupier within the meaning of section 1 of the Caravan Sites and Control of Development Act 1960.

7.  The name and business contact details of any other person that has a legal estate or equitable interest in the site.

8.  The name and address of each other relevant protected site—

(a) for which the applicant holds a licence issued under section 3 of the Caravan Sites and Control of Development Act 1960;

(b) in which the applicant has a legal estate or equitable interest; or

(c) that the applicant manages.

9.—(1) Whether the application for inclusion in the register is made in respect of—

(a) the applicant; or

(b) a person that the applicant has appointed to manage the site,

and the status of the relevant person in relation to the site.

(2) In sub-paragraph (1), “status of the relevant person” means, in relation to a site, whether the relevant person is—

(a) the occupier;

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

Information relating to the site manager

10.—(1) This paragraph applies where the applicant is not the relevant person.

(2) The required information relating to the person that the applicant has appointed to manage the site (“site manager”).

(3) Sub-paragraphs (4) and (5) apply where the site manager is not an individual.

(4) The following information in relation to each relevant officer of the site manager—

(a) the person’s name;

(b) details of the person’s role (if any) in relation to the management of the site.

(5) The required information relating to the following persons—

(a) the individual (“A”) that the site manager has appointed or intends to appoint to be responsible for the day-to-day management of the site;

(b) where A is not a relevant officer of the site manager, the relevant officer to whom A is accountable for the day-to-day management of the site.

Additional information required where applicant is relevant person and an individual

11.—(1) This paragraph applies where the applicant is the relevant person and is an individual.

(2) The required information relating to the following persons—

(a) the person (“B”) (if any) that the applicant has appointed or intends to appoint to be responsible for the day-to-day management of the site;

(b) where B is not an individual, the individual (“C”) that B has appointed or intends to appoint to be responsible for the day-to-day management of the site;

(c) where C is not a relevant officer of B, the relevant officer to whom C is accountable for the day-to-day management of the site.

Additional information required where applicant is relevant person and not an individual

12.—(1) This paragraph applies where the applicant is the relevant person but is not an individual.

(2) The required information relating to the following persons—

(a) the person (“B”) that the applicant has appointed or intends to appoint to be responsible for the day-to-day management of the site;

(b) where B is not a relevant officer of the applicant, the relevant officer to whom B is accountable for the day-to-day management of the site;

(c) where B is not an individual, the individual (“C”) that B has appointed or intends to appoint to be responsible for the day-to-day management of the site;

(d) where C is not a relevant officer of B, the relevant officer to whom C is accountable for the day-to-day management of the site.

Additional information required – any other person involved in the management of the site

13.  The required information relating to any person involved or proposed to be involved in the management of the site in relation to whom the requirements to provide information under paragraphs 10, 11 and 12 do not apply.

Required information

14.  The information is—

(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.

Criminal record certificate

15.  A criminal record certificate issued under section 113A(1) of the Police Act 1997(1) no more than six months before the date of the application in respect of—

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

(b) each individual in relation to whom the applicant is required to provide information under paragraph 10(2) or (5), 11 or 12.

Information about specified matters

16.  Information as to the matters specified in Schedule 3.

Declaration

17.—(1) A declaration made and signed by the appropriate person that—

(a) where the applicant is not the relevant person, the applicant has made all reasonable enquiries into the matters mentioned in paragraph 9 and Schedule 3 relating to the relevant person; and

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

(2) In this paragraph “the appropriate person” means—

(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.

Regulation 7(1)(a)

SCHEDULE 3 Considerations relevant to fit and proper person assessment

Interpretation

1.  In this Schedule, “site” means the relevant protected site or proposed relevant protected site in relation to which the application is made.

Ability to secure the proper management of the site

2.—(1) Whether the relevant person is able to secure the proper management of the site.

(2) For the purposes of sub-paragraph (1)—

(a) “proper management of the site” includes, but is not limited to, securing—

(i) compliance with the site licence; and

(ii) the long-term maintenance of the site; and

(b) 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—

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

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

Other considerations – relevant person

3.—(1) 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.

(2) Where any other local authority has rejected an application for the relevant person to be included in a register, the local authority’s reasons.

Other considerations – responsible persons

4.—(1) Sub-paragraphs (2) and (3) apply where the relevant person is not an individual.

(2) Whether any person who is a 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.

(3) Where any other local authority has rejected an application for the responsible person to be included in a register, the local authority’s reasons.

(4) In this paragraph, “responsible person” 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.

Regulation 9

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

Interpretation

1.  In this Schedule—

“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.

Decisions a local authority may make on an application

2.  As soon as reasonably practicable after an application is made under regulation 6, the local authority must make a decision on the application and either—

(a) where the decision is to grant the application unconditionally and to include the relevant person on the register for 5 years, serve a final decision notice on the applicant; or

(b) otherwise, serve a preliminary decision notice on the applicant.

Preliminary decision

3.  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 under paragraph 4(1);

(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 regulation 4(1); 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 representations

4.—(1) An applicant who receives a preliminary decision notice or an occupier who receives a notice of proposed action may, within the period of 28 days beginning with the day after the day on which the notice was served, make written representations to the authority.

(2) The local authority must take any such representations into account before—

(a) making a final decision under paragraph 5(1)(a); or

(b) taking any of the actions specified in regulation 8(1).

Final decision

5.—(1) Where paragraph 2(b) applies, the local authority must, as soon as reasonably practicable after the end of the period mentioned in paragraph 4(1)—

(a) make a final decision; and

(b) serve a final decision notice on the applicant.

(2) 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 under paragraph 9; and

(ii) 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 regulation 4(1); and

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

Notice of proposed action

6.—(1) Before taking any of the actions specified in regulation 8(1) (other than action in respect of the removal of a condition) the local authority must serve a notice of proposed action on the occupier.

(2) 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) unless the notice of proposed action is in respect of the removal of a condition, information about the right to make written representations under paragraph 4(1);

(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 regulation 4(1); 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.

Notice of action

7.—(1) Where a notice of proposed action is given, the local authority must, as soon as reasonably practicable after the end of the period mentioned in paragraph 4(1) decide whether or not to take the action proposed.

(2) Where the local authority takes an action mentioned in regulation 8(1)(a), (b) or (c) the local authority must serve a notice of action on the occupier within the period of 5 working days beginning with the day after the day on which the action was taken.

(3) 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) unless the notice of action is in respect of the removal of a condition, information about—

(i) the right of appeal under paragraph 9; and

(ii) 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 regulation 4(1); 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

8.—(1) The local authority 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.

(2) The power in sub-paragraph (1) is to be exercised by serving notice on the person on whom the original notice was served.

Appeals

9.—(1) A person on whom a final decision notice is served may appeal to the First-tier Tribunal against—

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

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

(c) any decision to reject the application.

(2) A person on whom a notice of action is served may appeal to the First-tier Tribunal against—

(a) any decision to remove the relevant person from the register;

(b) any decision to impose a condition on the inclusion of the relevant person in the register; and

(c) any decision to vary a condition.

(3) No compensation may be claimed for loss suffered, pending the outcome of the appeal, in consequence of the local authority—

(a) making a final decision; or

(b) taking an action mentioned in regulation 8(1)(a), (b) or (c).

Regulation 11(2)(a)

SCHEDULE 5 Specified circumstances and relevant periods for the purposes of regulation 11(2)(a)

Interpretation

1.  In this Schedule—

“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);

(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;

“notice of action” and “final decision notice” have the meaning given in paragraph 1 of Schedule 4.

Specified circumstances and relevant periods for the purposes of regulation 11(2)(a)

2.

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)	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	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)	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)	within the period of 28 days beginning with the day after the relevant day
(g)	the breach of regulation 4(1) 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 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)	within the period of 28 days beginning with the relevant day
(i)	the breach of regulation 4(1) 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) arises because the local authority has rejected an in-time application; and the occupier does not give the notification referred to in row (i)	within the period of 28 days beginning with the relevant day

(1)

1997 c. 50. Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 1995 (c. 15). Subsection (1) was amended by section 112(2) of, and Part 8 of Schedule 8 to, the Policing and Crime Act 2009 (c. 26), section 80(1) of the Protection of Freedoms Act 2012 (c. 9) and S.I. 2012/3006.