Mobile homes register of fit and proper persons
We are required to establish and keep up to date a register of persons who we are satisfied are fit and proper persons to manage a relevant protected mobile homes site in our area.
The Uttlesford District Council public register
Data is published in the RFC 4180 open standard for CSV files as recommended by the government. You can read about this standard in the Tabular data standard profile on GOV.UK.
Inspection of the register
The register is also open to inspection by members of the public at the Uttlesford District Council offices in Saffron Walden during normal office hours.
Notes
The following are excerpts from the Mobile Homes (Requirement for the Manager of Site to be Fit and Proper Person) (England) Regulations 2020. You are advised to examine the whole regulations to fully understand the requirements.
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) Are satisfied that the occupier is a fit and proper person to manage the site
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) 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) 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) Make the register open to inspection by members of the public at the offices of the local authority during normal office hours, and
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) 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) 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) Grant the application unconditionally
b) Grant the application subject to conditions, or
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) Must have regard to the matters specified in paragraphs 2 to 4 of Schedule 3
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) 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) Considering a registration application, or
b) Deciding whether it is appropriate to appoint a person as the manager of a site.
Schedule 4: Further provision about decisions under Regulations 6(1) and 8(1)
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.
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