The Domiciliary Care Agencies (Wales) Regulations 2004

Fitness of registered provider

8.—(1) A person shall not carry on an agency unless fit to do so.

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

(a) is an individual who carries on an agency —

(i) otherwise than in partnership with others and he or she satisfies the requirements of paragraph (3); or

(ii) in partnership with others and he or she and each of the partners satisfies the requirements set out in paragraph (3); or

(b) is an organisation and —

(i) it 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 senior officer of the organisation and is responsible for the management of the agency; and

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

(3) The requirements are that —

(a) the person is of integrity and good character;

(b) the person is physically and mentally fit to carry on or (as the case may be) be responsible for the management of the agency; and

(c) full and satisfactory information or (as the case may be) documentation in respect of each of the matters listed in Schedule 2 is available in relation to the person.

(4) A person is not fit to carry on an agency if —

(a) he or she 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been awarded and (in either case) he or she has not been discharged and the bankruptcy order has not been annulled or rescinded; or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, or granted a trust deed for, his or her creditors and has not been discharged in respect of it.