There has been much debate this weekend about the Motor Caravanners' Club Certified locations allowing non members to use their sites.
99% of other clubs that have been granted this Paragraph 5 exemption status are required by Natural England (DEFRA) to limit their use to members only. This is being imposed by DEFRA despite it not being part of The Caravan Sites and Control of Development Act 1960. The guidance to organisations also states that non members can use the locations.
However it is stated on MotorhomeFun forum that the MCC has now changed its wording and will require their CL including those set upby this magazine to limit use to Members of the Motor Caravanners'Club.
This ruling benefits the large clubs and makes certicated locations by other clubs potentialy unviable. As a certificated site exemption certificate holder I queried this matter over 10 years ago and the guidance was clarified to make it clear that non members could use paragraph 4 and 5 sites. There now seems to be a change of directions over this matter. The clubs I then represented had to agree to resticting use to members only ot the certificate would not have been issued by Natural England.
What the guidance says
Q17. What are the membership requirements for different certificates?
Membership is a matter for the organisations themselves, but the use of different exemption certificates dictates who can take part.
What the Act says
Sites approved by exempted organisations
5.—(l) Subject to the provisions of paragraph 13 of this Schedule,
a site licence shall not be required for the use as a caravan site of
land as respects which there is in force a certificate issued under
this paragraph by an exempted organisation if not more than five
caravans are at the time stationed for the purposes of human
habitation on the land to which the certificate relates.
(2) For the purposes of this paragraph an exempted organisation
may issue as respects any land a certificate stating that the land
has been approved by the exempted organisation for use by its
members for the purposes of recreation
(3) The certificate shall be issued to the occupier of the land to
which it relates, and the organisation shall send particulars to the
Minister of all certificates •issued by the organisation under this
paragraph.
(4) A certificate issued by an exempted organisation under this
paragraph shall specify the date on which it is to come into force
and the period for which it is to continue in force, being a period
not exceeding one year.
John
99% of other clubs that have been granted this Paragraph 5 exemption status are required by Natural England (DEFRA) to limit their use to members only. This is being imposed by DEFRA despite it not being part of The Caravan Sites and Control of Development Act 1960. The guidance to organisations also states that non members can use the locations.
However it is stated on MotorhomeFun forum that the MCC has now changed its wording and will require their CL including those set upby this magazine to limit use to Members of the Motor Caravanners'Club.
This ruling benefits the large clubs and makes certicated locations by other clubs potentialy unviable. As a certificated site exemption certificate holder I queried this matter over 10 years ago and the guidance was clarified to make it clear that non members could use paragraph 4 and 5 sites. There now seems to be a change of directions over this matter. The clubs I then represented had to agree to resticting use to members only ot the certificate would not have been issued by Natural England.
What the guidance says
Q17. What are the membership requirements for different certificates?
Membership is a matter for the organisations themselves, but the use of different exemption certificates dictates who can take part.
- Paragraph 4 – both members and non-members of the organisation are permitted to use the site, provided they all remain under the supervision of the organisation occupying the site;
- Paragraph 5 – exempted organisations issue certificates stating that a site has been approved for the use of its members. However, non-members may also use the site, unless there is an agreement between the site owner and the organisation that restricts its use to members only;
- Paragraph 6 – only for members of the organisation holding the meeting. Membership must have been given in advance of attending meetings and must be for a longer period than that associated with attendance at only one event (usually for a full year). Both the individual and the organisation must enter into a membership agreement with the intention that it is to run its full course (although there may be genuine reasons why an individual does not remain a member for the full term). An arrangement to give prospective members a trial to see what an organisation is like by inviting them
What the Act says
Sites approved by exempted organisations
5.—(l) Subject to the provisions of paragraph 13 of this Schedule,
a site licence shall not be required for the use as a caravan site of
land as respects which there is in force a certificate issued under
this paragraph by an exempted organisation if not more than five
caravans are at the time stationed for the purposes of human
habitation on the land to which the certificate relates.
(2) For the purposes of this paragraph an exempted organisation
may issue as respects any land a certificate stating that the land
has been approved by the exempted organisation for use by its
members for the purposes of recreation
(3) The certificate shall be issued to the occupier of the land to
which it relates, and the organisation shall send particulars to the
Minister of all certificates •issued by the organisation under this
paragraph.
(4) A certificate issued by an exempted organisation under this
paragraph shall specify the date on which it is to come into force
and the period for which it is to continue in force, being a period
not exceeding one year.
John