Regulation 7 Fitness of registered providerI1

Northern Ireland

(1)

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

(2)

A person is not fit to carry on a nursing home unless the person –

(a)

is an individual who carries on the nursing 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 Regulation and Improvement Authority of the name, address and position in the organisation of an individual who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the nursing 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 nursing home; and

(c)

full and satisfactory information is available in relation to him in respect of the matters specified in paragraphs 1 to 7 of Schedule 2.

(4)

A person shall not carry on a nursing 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has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or

F1(ab)

he is the subject of a bankruptcy restrictions order; or

F2(ac)

he is a person in relation to whom a moratorium period under a debt relief order applies or he is the subject of a debt relief restrictions order; or

(b)

he has made a composition or arrangement with his creditors and has not been discharged in respect of it.

Annotations

Textual amendments

F1: Reg. 7(4)(ab) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 34(3)
F2: Reg. 7(4)(ac) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 41(3)

Commencement

I1: Reg. 7 in operation at 1.4.2005, see reg. 1