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

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).