Are CLs really members only

peedee replied on 03/01/2016 13:01

Posted on 03/01/2016 13:01

What is the official line? On and off over the years I have noticed the Guidance Notes issued by the various government agency have, to say the least, been inconsistent. I see the Government itself has now produced the latest note which can be read >here< and it says,

“Non-members are allowed to stay on the site if your club and the landowner agree to it.”

Do CL owners have a choice in the matter or does the Club insist on members only as a condition of giving the certificate?

peedee

 

BlueVanMan replied on 01/02/2016 15:52

Posted on 01/02/2016 15:52

The regulations that BVM refers to is for normal sites with  supervision (wardens) the regulatios covering cl/cs as ammended in 1960 only allows members of the club who applys to use them,some like the cc and c&cc have permanent cetificates others like owners clubs normally have to re apply every two years i think, and the same regs apply uk wide via each govenment

Apologies I inadvertantly referred to  paragraph 4 as the relevant paragraph instead of paragraph 5. However the substance of what I was saying was still correct because  I actually described the effect of paragraph 5. For the sake of completeness I will attach the complete reference.

Before doing that and to be clear I also agree with you that primary legislation is the same for both Scotland & England. However I did not agree with your proposition that "Natural England" were the sole authority. In fact having researched the function which they perform is in Scotland not delegated but instead performed directly by the government. 
 Section 2 of the act reads :-

"

Exemptions from licensing requirements.

No site licence shall be required for the use of land as a caravan site in any of the circumstances specified in the First Schedule to this Act and that Schedule shall have effect accordingly.

The Schedule refers to :-

FIRST SCHEDULE

Cases where a Caravan Site Licence is not required

Paragraph 5 of the schedule is the relevant one and reads :-

5(1)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.

 

 

JVB66 replied on 01/02/2016 16:10

Posted on 01/02/2016 16:10

The regulations that BVM refers to is for normal sites with  supervision (wardens) the regulatios covering cl/cs as ammended in 1960 only allows members of the club who applys to use them,some like the cc and c&cc have permanent cetificates others like owners clubs normally have to re apply every two years i think, and the same regs apply uk wide via each govenment

Apologies I inadvertantly referred to  paragraph 4 as the relevant paragraph instead of paragraph 5. However the substance of what I was saying was still correct because  I actually described the effect of paragraph 5. For the sake of completeness I will attach the complete reference.

Before doing that and to be clear I also agree with you that primary legislation is the same for both Scotland & England. However I did not agree with your proposition that "Natural England" were the sole authority. In fact having researched the function which they perform is in Scotland not delegated but instead performed directly by the government. 
 Section 2 of the act reads :-

"

Exemptions from licensing requirements.

No site licence shall be required for the use of land as a caravan site in any of the circumstances specified in the First Schedule to this Act and that Schedule shall have effect accordingly.

The Schedule refers to :-

FIRST SCHEDULE

Cases where a Caravan Site Licence is not required

Paragraph 5 of the schedule is the relevant one and reads :-

5(1)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.

 

 

...I think you now agree that 5 van sites from what ever organisation is for members of that organisation only as the original OP asked,the c&cc issue for two years according to their website,its the only one i have looked a,,and when i mentioned The Gov website natural england was first up but did not say that it was the only site as all uk govenments site aply the same regs

eurortraveller replied on 01/02/2016 16:24

Posted on 01/02/2016 16:24

The Motor Caravanners Club issues "exemption certificates" to land owners in the same way as the Caravan Club, and under the same legislation.  But whereas the Caravan Club makes the stipulation that the CL is to be used by members only, the Motor Caravanners Club does not, and is happy for them to be used by anyone. Similarly Practical Caravan magazine fosters the development of the Nightstop scheme - again with no stipulation of Members Only. 

JVB66 replied on 01/02/2016 16:34

Posted on 01/02/2016 16:34

The Motor Caravanners Club issues "exemption certificates" to land owners in the same way as the Caravan Club, and under the same legislation.  But whereas the Caravan Club makes the stipulation that the CL is to be used by members only, the Motor Caravanners Club does not, and is happy for them to be used by anyone. Similarly Practical Caravan magazine fosters the development of the Nightstop scheme - again with no stipulation of Members Only. 

...Its not the "clubs " who stipulate who uses "cls" but the gov dep who issues the certificate to each "club"

eurortraveller replied on 01/02/2016 16:35

Posted on 01/02/2016 16:35

The Club, or other organisation issuing the exemption certificate, chooses.  The Nightstop scheme has no members.

I said Practical Caravan magazine earlier but it's actually Practical Motorhome magazine which fosters that scheme. Sorry for that error.  But they too have no members.

JVB66 replied on 01/02/2016 16:49

Posted on 01/02/2016 16:49

The Club, or other organisation issuing the exemption certificate, chooses.  The Nightstop scheme has no members. 

...That is not correct according to the Gov website as the "club" has to prove it has a code of conduct for its Members before it can issue exemption certificates so that would in itself ban non members using them

eurortraveller replied on 01/02/2016 16:52

Posted on 01/02/2016 16:52

The Motor Caravanners Club issues the exemption certificate for that Nightstop scheme. They openly say on their website that their CLs are open to all. 

peedee replied on 01/02/2016 17:18

Posted on 01/02/2016 17:18

The Motor Caravanners Club issues the exemption certificate for that Nightstop scheme. They openly say on their website that their CLs are open to all. 

Thank you for highlighting this ET, I was going to correct BB but you have already done so. I think BVM has hit the nail on the head, it is down to the Clubs to make the final decicison, nothing to do with the 1960 act.

I note the MCC network is growing fast.

peede

JVB66 replied on 01/02/2016 17:54

Posted on 01/02/2016 17:54

Sorry to keep repeating it, but the Gov website says clubs must prove they have a code of conduct for their Members before they can use the 5 van sites that the said club can issue an excemption certificate, for its Members to use,no mention of non members being allowed as they would not be covered by any clubs code of conduct 

BlueVanMan replied on 01/02/2016 18:16

Posted on 01/02/2016 18:16

Sorry to keep repeating it, but the Gov website says clubs must prove they have a code of conduct for their Members before they can use the 5 van sites that the said club can issue an excemption certificate, for its Members to use,no mention of non members being allowed as they would not be covered by any clubs code of conduct 

Write your comments here...

I am sorry to repeat myself as well but if you are talking about a paragraph 5 exemption the website wording is as follows (italics mine):-

Approved sites exemption

This is known as a paragraph 5 exemption.

With this exemption, your organisation can select sites for its members to stay on, by issuing certificates to the landowner or occupier. These certificates are valid for up to 1 year. 

Non-members are allowed to stay on the site if your club and the landowner agree to it.

You’ll need to:

  • set a maximum limit of 5 caravans at a time for each site
  • have a system for consulting neighbours and the local licensing authority (Natural England, or the Scottish or Welsh governments) before issuing a certificate
  • have a system for inspecting the sites and dealing with complaints from the public
  • send copies of the certificates you issue to Natural England, or the Scottish or Welsh governments (depending on where your club is based
 
I can't see any reference to a Code of Conduct 
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