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The Residential Family Centres (Wales) Regulations 2003

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Fitness of registered provider

5.—(1) A person must not carry on a residential family centre unless he or she is fit to do so.

(2) A person is not fit to carry on a residential family centre 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 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 residential family centre; 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 the residential family centre;

(b)the individual is physically and mentally fit to carry on the residential family centre; and

(c)full and satisfactory information is available in relation to the individual —

(i)in respect of each matter specified in paragraphs 1 to 6 of Schedule 2:

(ii)where paragraph (4) applies, in respect of each matter specified in paragraphs 1 and 3 to 7 of Schedule 2;

(iii)and further, where paragraph (4) applies, in a written report of a check on the lists maintained pursuant to section 1 of the Protection of Children Act 1999(1)and regulations made under section 218 of the Education Reform Act 1988(2).

(4) This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.

(5) A person is not fit to carry on a residential family centre if —

(a)that person has been adjudged bankrupt or sequestration of his or her estate has been awarded and (in either case) he or she has not been discharged and the bankruptcy order has not been annulled or rescinded; or

(b)he or she has made a composition or arrangement with his or her creditors, and has not been discharged in respect of it.

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