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What are the requirements under the new legislation?

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020, require the owner/manager of a residential site to be a Fit and Proper Person.

From 1 July 2021, site owners operating a relevant protected site must apply for the relevant person (themselves or an appointed manager) to be included on the register of fit and proper persons. A site owner may only apply if they hold, or have applied for a site licence for the site.

What will be considered when applying for fit and proper person status?

The following will be considered:

  • whether the applicant is competent to manage the site
  • whether the management structure and funding arrangements are suitable
  • whether the applicant has:
    • offences relating to fraud, dishonesty, violence, firearms, drugs or any offence listed in Schedule 3 of the Sexual Offences Act 2003
    • contravened any provision of the law relation to housing, caravan sites, mobile homes, public health, planning or environmental health or of landlord and tenant law
    • contravened any provision of the Equality Act 2010 in, or in connection with, the carrying on of any business
    • not harassed any person in, or in connection with, the carrying on of any business
    • not been within the past 10 years, personally insolvent
    • not been within the past 10 years, disqualified from acting as a company director
    • the right to work in the United Kingdom and
    • a membership of any redress scheme enabling complaints to be dealt with in connection with the management of the site (when this is in place)

How and when should I apply?

The register is open for applications from 1 July – 30 September 2021. All site owners will be sent a letter inviting them to make an application to be included on the register. Applications can be made online during this period, and will be processed following receipt of the application fee and all the required information/documentation.

Apply for Fit and Proper Person Status

Please note: before you make an application for a Fit and Proper Person, you will need to create a NDC account, or log in if you are already registered with us before proceeding.

How long does the fit and proper status last for?

Where fit and proper status is granted, the applicant will be included on the register for five years.

Will there be any conditions attached?

In some circumstances applications will be granted subject to conditions, which will be determined on a case by case basis.

Is there a fee associated with the application?

Yes, there will be a charge for the processing of applications to cover our costs. This charge will be in line with government guidance.

Where can I find additional information pertaining to the process?

All residential site owners will be sent a letter which includes additional information in regards to the process. Contact details will be provided on this letter should you need to contact one of our officers regarding the process.