The fit and proper person test applies to the site licence holder or the person appointed by the site licence holder to manage the site. The site licence holder is required to apply to the local authority to be included on a register of fit and proper persons, or for their appointed site manager to be included.
From 1st October 2021 site owners must be a fit and proper person to lawfully operate a park home site or have a fit and proper site manager in place, unless the site is exempt.
A park home site is exempt if it is “a non-commercial family occupied site”. That is one only occupied by members of the same family and that is not being run on a commercial basis.
Operating a site in contravention of the regulations is a criminal offence, for which a person would be liable on summary conviction to 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.
A 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. A court that has convicted a relevant person of an offence under these regulations can also revoke a site licence where the person has been convicted of two or more previous breaches for the same site.