Private and Voluntary Health Care (Wales) Regulations 2002

Fitness of registered provider

9.—(1) A person shall not carry on an establishment unless the person is fit to do so.

(2) A person is not fit to carry on an establishment unless the person—

(a) is an individual who satisfies the requirements set out in paragraph (3); or

(b) is an organisation and—

(i) the organisation has given notice to the appropriate office of the National Assembly of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the establishment; and

(ii) that individual satisfies the requirements set out in paragraph (3).

(3) The requirements are that—

(a) the individual is of suitable integrity and good character to carry on, or, as the case may be, be responsible for the supervision of the management of, the establishment;

(b) the individual is physically and mentally fit to carry on, or, as the case may be, be responsible for the supervision of the management of, the establishment ; and

(c) full and satisfactory information or documentation, as the case may be, is available in relation to the individual—

(i) except where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 to 7 of Schedule 2;

(ii) where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 8 of Schedule 2.

(4) This paragraph applies where any certificate or information on any matters specified in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997(1) has not been brought into force.

(5) A person is not fit to carry on an establishment if—

(a) the person has been adjudged bankrupt or sequestration of the person’s estate has been awarded and (in either case) the person has not been discharged and the bankruptcy order has not been annulled or rescinded; or

(b) the person has made a composition or arrangement with the person’s creditors and has not been discharged in respect of it.

(1)

1997 c. 50. Sections 113 and 115, as amended, have not yet been brought into force. See further the footnotes to paragraph 2 of Schedule 2 to these Regulations.