The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020
| Year | 2020 |
2020 No. 1034
Mobile Homes, England
The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020
Made 23th September 2020
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 12A to 12D and 12E(1) and (2) of the Caravan Sites and Control of Development Act 19601.
In accordance with section 12E(4) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and application
1.—(1) These Regulations may be cited as the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020.
(2) The following provisions come into force on 1st July 2021—
(a)
(a) this regulation and regulations 2, 3, 5 to 10 and 14;
(b)
(b) Schedules 1 to 4.
(3) The following provisions come into force on 1st October 2021—
(a)
(a) regulations 4 and 11 to 13;
(b)
(b) Schedule 5.
(4) These Regulations apply in relation to land in England only.
Interpretation
2. In these Regulations—
“applicant” means the person who makes an application under regulation 6;
“final decision” means a decision under regulation 6(2);
“non-commercial family-occupied site” has the meaning given in regulation 3;
“register” means a register established under regulation 5(2);
“registration application” means an application under regulation 6(1);
“relevant person” means the subject of the fit and proper person assessment under regulation 7;
“relevant local authority” means, in relation to land that is, or is proposed to be, used as a relevant protected site2, the local authority3in whose area the site is situated;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 19714in England and Wales.
Meaning of “non-commercial family-occupied site”
3.—(1) In these Regulations “non-commercial family-occupied site” means a relevant protected site—
(a)
(a) on which each caravan stationed on a permanent pitch and used as a permanent residence is so used only by—
(i) the occupier5or the occupier and one or more members of the occupier’s family; or
(ii) a member of the occupier’s family (“F”) or F and one or more members of F’s family; and
(b)
(b) which is not operated on a commercial basis.
(2) For the purposes of paragraph (1)(a)—
(a)
(a) “caravan used as a permanent residence” means, in relation to a person (“P”), that P occupies the caravan as P’s only or principal home;
(b)
(b) “permanent pitch” has the same meaning as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to the Mobile Homes Act 19836;
(c)
(c) a person is a member of the same family as another person if–
(i) those persons are married to each other, in a civil partnership or live together as if they were married or in a civil partnership;
(ii) one of them is a relative of the other; or
(iii) one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple.
(3) For those purposes—
(a)
(a) a “couple” means two persons who are married to each other or otherwise fall within paragraph (2)(c)(i);
(b)
(b) “relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;
(c)
(c) a relationship of the half-blood is to be treated as a relationship of the whole blood; and
(d)
(d) the stepchild or adopted child of a person (“P”) is to be treated as P’s child.
(4) For the purposes of paragraph (1)(b), a relevant protected site is operated on a commercial basis if—
(a)
(a) the amount which any person is required to pay the occupier of the site in respect of—
(i) the right to station a caravan on the site and the use of the common areas of the site; or
(ii) the right to reside in a caravan on the site and the use of the common areas of the site,
exceeds a fair contribution towards the relevant costs; or
(b)
(b) the total amount payable to the occupier in respect of the rights mentioned in sub-paragraph (a)(i) and (ii) exceeds the relevant costs.
(5) For those purposes, “relevant costs” means the total of—
(a)
(a) any amount which the occupier is liable to pay as regards the site by way of a non-domestic rate under Part 3 of the Local Government Finance Act 19927;
(b)
(b) any council tax for which the occupier is liable in respect of any caravan situated on the site (other than a caravan in which the occupier resides);
(c)
(c) any council tax for which the occupier is liable in respect of any dwelling situated on the site that is not a caravan (other than a dwelling in which the occupier resides); and
(d)
(d) the occupier’s reasonable costs of repairs, maintenance and insurance in respect of the site.
Requirement for fit and proper person
4.—(1) An occupier of land may not cause or permit any part of the land to be used as a relevant protected site other than a non-commercial family-occupied site unless the relevant local authority—
(a)
(a) are satisfied that the occupier is a fit and proper person to manage the site;
(b)
(b) are satisfied that a person appointed by the occupier to manage the site is a fit and proper person to do so; or
(c)
(c) have, with the occupier’s consent, appointed a person to manage the site.
(2) A local authority may only appoint a person to manage a site if the local authority are satisfied that the person is a fit and proper person to do so.
Register of fit and proper persons
5.—(1) This regulation applies to any local authority that has determined an application under regulation 6.
(2) The local authority must—
(a)
(a) establish and keep up to date a register of persons who they are satisfied are fit and proper persons to manage a relevant protected site in their area;
(b)
(b) make the register open to inspection by members of the public at the offices of the local authority during normal office hours; and
(c)
(c) publish the register online.
(3) The local authority must include in the register the information prescribed in Schedule 1.
(4) A person’s inclusion in the register has effect for such period as the local authority may decide, but that period must not exceed 5 years.
(5) The information prescribed in paragraph 4 of Schedule 1 in respect of a site to which a rejected application relates must be included in the register until such time as information relating to the site is included in the register under paragraph 2 or 3 of Schedule 1.
Application for inclusion in register
6.—(1) An application for the inclusion of a person in the register by the relevant local authority may be made by the occupier of land in the local authority’s area that is, or is proposed to be, used as a relevant protected site in the local authority’s area that—
(a)
(a) holds a licence in respect of the site under section 1 of the Caravan Sites and Control of Development Act 1960 (“a site licence”); or
(b)
(b) has applied for a site licence in respect of the site under section 3 of that Act.
(2) On such an application the local authority may—
(a)
(a) grant the application unconditionally;
(b)
(b) grant the application subject to conditions; or
(c)
(c) reject the application.
(3) A registration application must include the matters listed in Schedule 2.
Fit and proper person assessment
7.—(1) In making a fit and proper person assessment in relation to land that is used, or is proposed to be used, as a relevant protected site, a local authority—
(a)
(a) must have regard to the matters specified in paragraphs 2 to 4 of Schedule 3;
(b)
(b) may have regard to the conduct of any person associated or formerly associated with the relevant person (whether on a personal, work or other basis) if it appears to the authority that that person’s conduct is relevant to the question of whether the relevant person is a fit and proper person to manage the relevant protected site or proposed relevant protected site (as the case may be); and
(c)
(c) may have regard to any evidence as to any other relevant matters.
(2) In this regulation, “making a fit and proper person assessment” means—
(a)
(a) considering a registration application; or
(b)
(b) deciding whether it is appropriate to appoint a person as the manager of a site.
Removal from register, variation of conditions etc.
8.—(1) Where a person is included in the register, the local authority may in the circumstance prescribed in paragraph (2)—
(a)
(a) remove the person from the register;
(b)
(b) impose a condition on the inclusion of the person in the register (whether or not there are conditions imposed by virtue of regulation 6(2)(b)); or
(c)
(c) vary or remove a condition imposed by virtue of regulation 6(2)(b) or this regulation.
(2) The circumstance is that, after the person was included in the register, new evidence relevant to the person’s inclusion in the register becomes available.
Further provision about decisions under regulations 6(2) and 8(1)
9. Schedule 4 makes further provision about decisions under regulations 6(2) and 8(1).
Fees etc.
10.—(1) A registration application must be accompanied by such fee as the local authority may fix.
(2) The conditions which may be imposed by virtue of regulation 6(2)(b) may include conditions requiring additional payments to be made to the local authority by way of annual fee.
(3) The local authority may decide the amount and frequency of any additional payments required by way of annual fee.
(4) A local authority must prepare and publish a fees policy.
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