The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (“the Regulations”) introduced a fit and proper person test for mobile home site owners or the person appointed to manage the site, unless exempted by the Regulations.
From 1 July 2021 until 1 October 2021 protected sites, operated on a commercial basis, must be shown to be managed by a fit and proper person.
B&NES Licensing Services will write to owners of protected sites to advise that they need to apply to be added to the register of fit and proper persons, and will provide the relevant application form.
What is a fit and proper person?
- Offences relating to fraud, dishonesty, violence, arson or drugs or listed in schedule 3 of the Sexual Offences Act 2003.
- Contraventions of law in relation to: housing, caravan sites, mobile homes, public health, planning or environmental health or landlord and tenant law.
- Contraventions of law in relation to the Equality Act 2010 in, or in connection with, the carrying out of any business.
- Harassment of any person in, or in connection with, the carrying out of any business.
- Insolvency within the last 10 years.
- Disqualification from acting as a company director within the last 10 years.
- Has the right to work in the UK
Does it apply to all protected sites?
No. Only to relevant protected sites (sites with planning permission for people to live there all year), including mobile home sites (park home sites) or other caravan sites run for commercial gain, but does not apply to family sites that are not run for financial gain. Holiday sites occupied on a seasonal basis are exempt from the requirements.”
Who will need to apply?
Under the legislation the fit and proper person must be the person with day-to-day responsibility for managing a site, whether that is the site owner or a person appointed to undertake the task on the owner’s behalf.
Anyone currently with a licence for a protected site, applying for a new site licence, or the transfer of a site licence to a new owner, will need to apply to have themselves or the site manager included on the register.
How do you apply to be put on the register of fit and proper persons?
You must submit an application between 1 July 2021 and 30 September 2021 inclusive to be assessed as a Fit and Proper Person.
If you are operating a site and fail to comply with the fit and proper person test it is a criminal offence and if found guilty you would be liable, on summary conviction, of a fine up to level 5 (unlimited).
The applicant seeking entry on the register will need a basic DBS certificate (dated no more than 6 months before the date of the application) and this must be included with the application. The DBS certificate must be from an approved supplier. Information about how to arrange a DBS check can be found on the Government’s web site at: