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Regulation and Inspection of Social Care (Wales) Act 2016

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This is the original version (as it was originally enacted).

21Responsible individuals
This section has no associated Explanatory Notes

(1)In this Part, “responsible individual” means an individual—

(a)who is eligible to be a responsible individual under subsection (2),

(b)who the Welsh Ministers are satisfied is a fit and proper person to be a responsible individual (see section 9), and

(c)designated by a service provider in respect of a place at, from or in relation to which the provider provides a regulated service and specified as such in the service provider’s registration.

(2)To be eligible to be a responsible individual the individual must—

(a)where the service provider is an individual, be the service provider;

(b)where the service provider is a partnership, be one of the partners;

(c)where the service provider is a body corporate other than a local authority—

(i)be a director or similar officer of the body,

(ii)in the case of a public limited company, be a director or company secretary, or

(iii)in the case of a body corporate whose affairs are managed by its members, be a member of the body;

(d)where the service provider is an unincorporated body, be a member of the body;

(e)where the service provider is a local authority, be an officer of the local authority designated by the authority’s director of social services.

(3)For the purposes of subsection (2)(e), a local authority’s director of social services may designate an officer only if the director thinks that the officer has the necessary experience and expertise to be a responsible individual.

(4)The same responsible individual may be designated in relation to more than one place at, from or in relation to which a regulated service is provided.

(5)The Welsh Ministers may, by regulations—

(a)specify circumstances in which the Welsh Ministers (instead of a service provider) may designate an individual to be a responsible individual despite the requirements of subsection (2) not being met in respect of the individual, and

(b)make provision for this Part to apply with prescribed modifications to such a responsible individual.

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