Caravan sites : Fit and proper person

Fit and proper person:

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 requires all local authorities to keep a public register of people who are considered 'fit and proper' to manage park homes in their area. The regulations apply in relation to all relevant protected sites other than non-commercial family-occupied sites. These include "residential parks", which are used exclusively residentially, and "mixed use parks", which are used for both residential and holiday purposes.

From 1 October 2021, unless a site is exempt, the site owner must either be a fit and proper person to lawfully operate a park home site or have a fit and proper manager in place.

A site is exempt if its "a non-commercial family occupied site". This is a site only occupied by members of the same family and not being run on a commercial basis.

What a site owner must do:

Site owners must apply to us for the relevant person (themselves or their appointed manager) to be included in the local register of fit and proper persons to manage a site. 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 other owner(s) must be provided in the application form.

When we are ready to receive applications we will release information on this page as well as on the dedicated Environmental Health and Licensing Team Facebook Page. It is anticipated that this will be by the end of July 2021.

What we can consider:

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

  • the owners past compliance with the site licence
  • the long term maintenance of the site
  • whether the person has sufficient level of competence to manage a site
  • has the right to work within the UK
  • has committed any offence involving fraud or other dishonesty, violence, arson, drugs or listed in Schedule 3 to the Sexual Offence Act 2003 (offence attracting notification requirements)
  • has contravened any provision of the Equalities Act 2010 in, or in connection with, the carrying on of any business
  • has harassed any person in, or in connection with, the carrying on of any business
  • has has an application rejected by any other authority
  • is or has been personally insolvent within the past 10 years
  • is or has been disqualified from acting as a company director within the last 10 years

We can also consider any evidence on any other relevant matters.

Application decisions:

Applications will be considered and may either be:

  • granted unconditionally
  • granted subject to conditions
  • refused

Before applying conditions to an application, the local authority will serve the applicant with a 'preliminary decision notice' setting out its preliminary decision and the local authorities reasons for it. The applicant will have 28 days to respond and make any representations to the local authority if they wish to challenge the decision. After the end of this period, the local authority must issue its final decision ' as soon as reasonably practicable' to the applicant.

Where an application is refused, the applicant has the right of appeal to the First Tier Tribunal.

If a site is unable to appoint a 'fit and proper' person, the local authority may appoint a person who meets the fit and proper person test to manage the site on behalf of the site owner.

Application cost:

There will be a charge for the processing of applications which will cover all costs involved with this procedure. This charge will be inline with government guidance. As yet this fee has not been determined.

Contact us:

For further information about caravan licensing and the a fit and proper person, please contact us using the details below.

Email: licensing@stratford-dc.gov.uk

Contact: the Licensing team

Last updated on 02/07/2021