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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prohibit the use of land as a residential mobile homes site (“site”) unless the local authority is satisfied that the occupier is a fit and proper person to manage the site; a person appointed by the occupier to manage the site is a fit and proper person to do so; or have, with the occupier’s consent, appointed a fit and proper person to manage the site. They also make related provision.

Regulation 4 sets out the prohibition described above. It applies to all relevant protected sites apart from non-commercial family-occupied sites. Relevant protected site is defined in section 5A(5) of the Caravan Sites and Control of Development Act 1960. Non-commercial family-occupied site is defined in regulation 3.

Regulation 5 and Schedule 1 provide for the establishment by a local authority of a register of persons that they are satisfied are fit and proper persons to manage a site in their area (“register”), the information that must be included in the register, the length of time an entry in the register has effect and inspection of the register.

Regulation 6 and Schedule 2 specify the requirements for making an application for inclusion on the register and the decisions the local authority may make on such an application.

Regulation 7 and Schedule 3 specify the matters to which a local authority must or may have regard when making a fit and proper person assessment. They must have regard to the matters relating to the person in question specified in Schedule 3, but they may also have regard to any other relevant matters, including the conduct of any associate.

Regulation 8 makes provision for removal of a person from the register and variation of conditions of inclusion in the register.

Regulation 9 and Schedule 4 provide for the procedure that a local authority must follow in making a decision on an application under regulation 5 or for taking action under regulation 8 to remove a person from the register or vary conditions of inclusion in the register. Paragraph 8 of Schedule 4 gives a right of appeal in respect of such decisions.

Regulation 10 provides that a local authority may charge an application fee and annual fee for inclusion on the register in accordance with a published fees policy. Paragraph (7) also enables a local authority to recover, from an occupier, their reasonable costs incurred in appointing a person to manage a site, with the occupier’s consent.

Regulation 11 provides that operating a site in contravention of the prohibition set out in regulation 4 is an offence, for which a person would be liable on summary conviction to an unlimited fine. Paragraph (2) and Schedule 5 specify the relevant defences.

Regulation 12 sets out other offences under these Regulations. Paragraph (1) provides that an occupier commits an offence if the occupier withholds information from or includes false or misleading information in a registration application. Paragraph (2) provides for an offence of failure to comply with a condition attached to an entry in the register. A person is liable on summary conviction for either or these offences to an unlimited fine. Paragraphs (4) and (5) set out defences to the paragraph (2) offence.

Regulation 13 makes provision for revocation of a site licence where there has been a contravention of regulation 4(1) by the licence holder. Paragraph (1) gives the First-tier Tribunal the power to revoke a site licence on application by the local authority. Paragraph (2) applies if the licence holder is convicted of the offence of contravening regulation 4(1) and has been convicted of the same offence in relation to the site on two or more previous occasions. In such a case the court before which the licence holder is convicted may, on the application of the local authority, revoke the site licence.

Regulation 14 is a transitional provision that applies if a local authority includes a person on the register before regulation 4 comes into force (“the implementation date”). It provides that such an entry becomes effective on the implementation date.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.