Mobile Homes Fit & Proper Person Test
The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (the Regulations) prohibit the use of land as a residential mobile home site unless the Council is satisfied that the owner or manager of the site is a fit and proper person to manage the site.
The Regulations came into effect on the 23 September 2020 and apply to all relevant protected sites other than non-commercial family-occupied sites. These include both residential parks, which are used exclusively residentially, and mixed-use parks, which are used for both residential and holiday purposes.
You can find out more information by downloading a copy of the Council's Mobile Homes Fit & Proper Person Policy (PDF 240kb).
Fit & Proper Person Assessment
The site owner must apply to the Council for the relevant person (either themselves or the site manager), to be included on a register of fit and proper persons. A site owner may only apply if they hold or have applied for a site licence for that site.
The following information must be provided for the intended site manager:
- have they committed any offence involving fraud or other dishonesty, violence, arson or drugs or listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements)
- have they contravened any provision of the law relating to housing, caravan sites, mobile homes, public health, planning or environmental health or of landlord and tenant law
- have they contravened any provision of the Equality Act 2010 in, or in connection with, the carrying on of any business
- have they harassed any person in, or in connection with, the carrying on of any business
- are they or have they been within the past 10 years, personally insolvent
- are they or have they been within the past 10 years, disqualified from acting as a company director
- do they have the right to work in the United Kingdom;
- are they a member of any redress scheme for dealing with complaints in connection with the management of the site; and
- where any other Council has rejected an application for the relevant person to be included in a register, that Council's reasons must be included
The Regulations create 3 offences:
- Operating a relevant protected site without a fit and proper person in place
- Withholding information or including false or misleading information in a registration application
- Failing to comply with a condition
A site owner found guilty of any of the above offences will be liable on summary conviction to a level 5 (unlimited) fine.
Fees & Charges
The application fee has been set at £230. This must be paid when the application form is submitted.
In the case of an applicant making multiple applications for more than one site and the relevant person being the same then the following additional charges will apply.
A). Small sites of less than 25 caravans – no additional charge
B). Sites of 26+ Caravans – an additional charge of £50 per application will be applicable which relates to an estimated additional 2 hours of officer time to assess and process the additional application.
An annual fee will be charged for any entries on the register that have one or more conditions attached.
£30 - 1 condition (plus a standard condition requiring payment of the fee)
£60 - 2 conditions (plus a standard condition requiring payment of the fee)
£90 - 3 or more conditions (plus a standard condition requiring payment of the fee)
Where the Council appoints a site manager, the costs of doing so can be recovered from the site owner of reasonable costs incurred in making the appointment.
How to apply
You can download a Fit & Proper Person Application Form (PDF 251kb) and return it along with the fee to Private Sector Housing, West Lancashire Borough Council, 52 Derby Street, Ormskirk, Lancashire, L39 2DF
You can also request a form to be sent to you by post or email by contacting the Private Sector Housing Team at email@example.com
Fit & Proper Person Register
The Council is required to:
- 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;
- make the register open to inspection by members of the public at the offices of the local authority during normal office hours; and
- publish the register online
The register will be published on this page once all applications have been considered.