Mobile Homes - Fit and Proper Person Test

The Fit and Proper Person Test – Invitation for Applications for Register from 1 July 2021

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (“the Regulations”) introduced a fit and proper person test for mobile home site owners or the person appointed to manage the site, unless exempted by the Regulations.
 
It is important to highlight that from 1 July 2021 until 1 October 2021 protected sites, operated on a commercial basis, must be shown to be being managed by a fit and proper person.
 
The local authority are currently preparing to implement the new regulations to enable site owners, or the person appointed to manage the site, to make their applications to be included on the register of fit and proper persons.
 
East Cambridgeshire District Council will write to owners of protected sites to advise that they need to apply to be added to the register of fit and proper persons and will provide the relevant application form. 
 
It is a criminal offence for site manager/owners not to apply.

What is a fit and proper person?

The applicant wishing to be included on the register will have to show that there are suitable financial and management arrangements in place for the site and to provide information relating to their conduct in relation to any of the following:
  • Offences relating to fraud, dishonesty, violence, arson or drugs or listed in schedule 3 of the Sexual Offences Act 2003.
  • Contraventions of law in relation to: housing, caravan sites, mobile homes, public health, planning or environmental health or landlord and tenant law.
  • Contraventions of law in relation to the Equality Act 2010, or in connection with the carrying out of any business.
  • Harassment of any person in connection with the carrying out of any business.
  • Insolvency within the last 10 years.
  • Disqualification from acting as a company director within the last 10 years.
  • Has the right to work in the UK

Does it apply to all protected sites?

No, only park home sites, which operate on a commercial basis, where units are sold or rented to residents. Park Home sites which are only occupied by the site owner or members of the site owner’s family do not need to apply. However, if circumstances change, and units are rented out to non-family members, then the owner or site manager will need to apply to be included on the register.

Who will need to apply?

Under the legislation the fit and proper person must be the person with day-to-day responsibility for managing a site, whether that is the site owner or a person appointed to undertake the task on the owner’s behalf.
 
Anyone currently with a licence of a protected site, applying for a new site licence, or the transfer of a site licence to a new owner, will need to apply to have themselves or the site manager included on the register.

How do you apply to be put on the register of fit and proper persons?

You must submit an application between the 1 July 2021 and by midnight of 30 September 2021 inclusive to be assessed as a Fit and proper Person. 
 
If you are operating a site and fail to comply with the fit and proper person test it is a criminal offence and if found guilty you would be liable, on summary conviction, of a fine up to level 5 (unlimited).
 
Applying for inclusion on the register will have a reasonable fee attached, but this will be agreed at a later stage.
 
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:
As previously stated, an application form and guidance for applicants will be sent out to relevant site owners in due course.
 
If you have any questions about the regulations or how they will affect you, please email EnvironmentalHealthHousing@eastcambs.gov.uk or phone 01353 665555 and ask for the Environmental Health Domestic Team.