New legislation called the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 has placed a responsibility on local authorities to keep and maintain a public register of "fit and proper" persons who manage or own park homes in their area.
From 1 October 2021 site owners must apply to South Kesteven District Council with information to prove they or their appointed managers are deemed fit and proper. A site manager would be regarded as someone who has day-to-day responsibility for the site.
These regulations apply to all relevant protected sites including residential parks and mixed use parks use for both residential and holiday purposes. Only non-commercial family owned sites are deemed exempt and do not need to apply. Failure to apply is a criminal offence and on summary conviction liable to an unlimited fine.
What do I need to do to be included on the register ?
Please complete an application form (available by emailing firstname.lastname@example.org). There is no fee for the first application. Subsequent applications may be subject to a fee in accordance with future South Kesteven Fees and Charges which has yet to be determined.
Information that we will consider in order to confirm you are a fit and proper person to manage the site includes:
- 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
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: https://www.gov.uk/request-copy-criminal-record
We will make a decision based on your application as soon as reasonably practicable. We can either:
- Grant the application unconditionally. The person's name will be included on the register for five years
- Grant the applications with conditions. If conditions are attached, an annual fee may apply subject to South Kesteven Fees and Charges which have yet to be determined.
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.