# The Care Homes Regulations 2001, Regulation 7: Fitness of registered provider


(1) A person shall not carry on a care home unless he is fit to do so.
(2) A person is not fit to carry on a care home unless the person—
(a) is an individual who carries on the care home—
(i) otherwise than in partnership with others, and he satisfies the requirements set out in paragraph (3);
(ii) in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);
(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);
(c) is an organisation and—
(i) the organisation has given notice to the Commission 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 care home; and
(ii) that individual satisfies the requirements set out in paragraph (3).
(3) The requirements are that—
(a) he is of integrity and good character; and
(b) he is physically and mentally fit to carry on the care home; and
(c) full and satisfactory information is available in relation to him in respect of the following matters—
(i) the matters specified in paragraphs 1 to 5 of Schedule 2;
(ii) except where paragraph (4) applies, the matters specified in paragraph 7 of that Schedule;
(iii) where paragraph (4) applies, the matters specified in paragraph 8 of that Schedule.
(4) This paragraph applies where any certificate or information on any matters referred to in paragraph 7 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.
(5) A person shall not carry on a care home if—
(a) he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or
(b) he has made a composition or arrangement with his creditors and has not been discharged in respect of it.

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Source: https://www.legislation.gov.uk/uksi/2001/3965/regulation/7 (the official version)
Page: https://openlegislation.uk/care-homes-regulations-2001/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.