70.Section 28 introduces a new “fit and proper person” requirement that applies to a person who manages a regulated site. Subsection (1) sets out that the owner of land may not allow any part of the land to be used as a regulated site unless the local authority is satisfied either the owner or a person appointed by the owner, or by the local authority (with the owners' consent), is a fit and proper person to manage the site.
71.Subsection (2) provides that, where the owner of land allows a site to be used, but a fit and proper person is not managing the site, in contravention of subsection (1), the local authority may apply to a Residential Property Tribunal for an order revoking the site licence. Subsections (3) and (4) provide that such a contravention is an offence liable on summary conviction to a fine (a maximum of £5,000 at November 2013).
72.Under subsection (5), where an owner has been convicted of an offence under subsection (3) by a magistrates’ court on two or more previous occasions in relation to the land, the local authority may apply to the magistrates’ court to make an order revoking the site licence.
Commentary on Sections Part 2 - Licensing of Mobile Home Sites etc Section 28 - Requirement for manager of site to be fit and proper person