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

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.

(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.