C3C1C4C2C5PART 1REGULATION OF SOCIAL CARE SERVICES

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C5CHAPTER 2REGISTRATION ETC. OF SERVICE PROVIDERS

Application for, variation of and cancellation of registration

I19Fit and proper person: relevant considerations

1

This section applies to any decision of the Welsh Ministers as to whether—

a

a service provider,

b

a person applying to be a service provider,

c

a responsible individual, or

d

a person to be designated as a responsible individual,

is a fit and proper person to be a service provider or, as the case may be, a responsible individual.

2

In making such a decision the Welsh Ministers must have regard to all matters they think appropriate.

3

In particular, the Welsh Ministers must have regard to any evidence falling within subsections (4) to (8).

4

Evidence falls within this subsection if it shows that the person has—

a

committed—

i

any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c.42) (offences attracting notification requirements),

ii

an offence under this Act or regulations made under it,

iii

an offence under Part 2 of the Care Standards Act 2000 (c.14) or regulations made under it, or

iv

any other offence which the Welsh Ministers think is relevant, or

b

practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010 (c.15), or victimised another person contrary to that Act, in or in connection with the carrying on of any business.

5

Evidence is within this subsection if—

a

it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (4) F1or (6), and

b

it appears to the Welsh Ministers that the evidence is relevant to the question as to whether the person is a fit and proper person to be a service provider or, as the case may be, a responsible individual.

6

Evidence is within this subsection if it shows that the person has been responsible for, contributed to or facilitated misconduct or mismanagement in the provision—

a

of a regulated service or a service provided outside Wales which, if provided in Wales, would be a regulated service;

b

of a service which would have fallen within paragraph (a) had the regulatory system established by this Part been operating at the time the service was being provided.

7

When having regard to evidence within subsection (6), the Welsh Ministers must, among other things, take account of—

a

the seriousness and duration of the misconduct or mismanagement;

b

harm caused to any person, or any evidence of an intent to cause harm;

c

any financial gain made by the person;

d

any action taken by the person to remedy the misconduct or mismanagement.

8

Evidence is within this subsection if it shows that the person has previously failed to comply with—

a

an undertaking given under section 7(1)(a)(ii) or 11(3)(a)(ii),

b

a condition imposed under this Part, or

c

a requirement imposed by regulations under section 27(1) or 28(1).

9

The Welsh Ministers may by regulations amend this section to vary the evidence to which they must have regard.