Regulation 6 Fitness of registered provider

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 6(5)(a) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 20(a)
reg. 6(2)(c)(i) word substituted by Children’s Homes 2011 reg. 5(1)
reg. 6(5)(a) words omitted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 20(b)
reg. 6(5)(a) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 20(c)
reg. 6(3)(c) words substituted by Care Standards Act 2000 (Establishments and Agencies) 2002 reg. 4(2)(a)
reg. 6(4) revoked by Care Standards Act 2000 (Establishments and Agencies) 2002 reg. 4(2)(b)

(1)

A person shall not carry on a children’s home unless he is fit to do so.

(2)

A person is not fit to carry on a children’s home unless the person—

(a)

is an individual who carries on the children’s 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 children’s 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;

(b)

he is physically and mentally fit to carry on the children’s home; and

(c)

full and satisfactory information is available in relation to him—

(i)

except where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2;

(ii)

where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2.

(4)

This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997^f1 has not been brought into force.

(5)

A person shall not carry on a children’s 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.

Annotations

Footnotes

f1: 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.