What does this mean for park operators?
Following the new regulations, from 1st October 2021 park operators must be a fit and proper person to
lawfully operate a park home sites or have a fit and proper site manager in place (unless you are exempt).
What will the local authority consider?
- The capability of the said park operator manager to secure the proper management site.
- Management and financial arrangements of the sites.
- Prior conduct of the individual (e.g. criminal convictions, breaches of legislation)
- Behaviour of relevant individuals towards
- others (through work, socially etc).
- Any other relevant matters
What happens if the site continues to operate without the fit and proper persons test?
Continuing to operate in contravention of these regulations is a criminal offence. Failure to comply could result in negative sanctions and could be given an unlimited fine.
It is also an offence for an occupier to withhold information from or include false or misleading information in a registration application.
The local authority can apply to the FTT for a site licence to be revoked where there has been a contravention of the regulations by the licence holder.
What must a site owner do?
Residential and/or retirement park owners operating a site must apply to their local authority for the relevant person to be included in the local register of fit and proper persons to manage a site.
What makes a site exempt?
It is exempt if it is a family occupied site. This means they are only occupied by members of the same family and are not run on a commercial basis.
What decisions can a local authority make on an application?
- 1.Grant the full application and include them on the register
- 2. Serve a preliminary decision notice (applicants have 28 days to make a written representations).
