The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

Regulation 5

SCHEDULE 4 Good character and unfit person tests

PART 1 Unfit person test

1.  The person is an undischarged bankrupt or a person whose estate has had sequestration awarded in respect of it and who has not been discharged.

2.  The person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order or an order to like effect made in Scotland or Northern Ireland.

3.  The person is a person to whom a moratorium period under a debt relief order applies under Part VIIA (debt relief orders) of the Insolvency Act 1986(1).

4.  The person has made a composition or arrangement with, or granted a trust deed for, creditors and not been discharged in respect of it.

5.  The person is included in the children’s barred list or the adults’ barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006, or in any corresponding list maintained under an equivalent enactment in force in Scotland or Northern Ireland.

6.  The person is prohibited from holding the relevant office or position, or in the case of an individual from carrying on the regulated activity, by or under any enactment.

PART 2 Good character

7.  Whether the person has been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom, would constitute an offence.

8.  Whether the person has been erased, removed or struck-off a register of professionals maintained by a regulator of health care or social work professionals.

(1)

1986 c. 45. Part VIIA was inserted by section 108 of, and Schedule 17 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).