If the site licence holder fails the test they will be given the opportunity to identify and appoint a suitable alternative manager. If the site licence holder is not able to do this the local authority will consider whether it is possible to appoint a person to manage the site, with the site licence holder’s consent.
Where an application is rejected, the name and address of the site will be included on the register but not the person’s name or business contact details. Like other registers, local authorities will be required to make the register available to the public and online.
If the site owner is not happy with the outcome of the test they can appeal to the First-tier Tribunal (Property Chamber) against a decision to:
- to include the relevant person on the register for a period less than 5 years
- any condition attached to inclusion on the register
- any rejection of an application for inclusion on the register
- What is the fit and proper person test?
- Who will the fit and proper person test apply to?
- When will the Fit and Proper person test come into force in England?
- If a resident thinks a manager is not fit and proper, will the Local Authority take this into account?
- Government’s response to technical consultation
- Fit and Proper Person Test, England: Countdown to Implementation