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 ehs@southkesteven.gov.uk). 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

Decision Process

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.
  • Refusal.

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.