C5C1C7C3C9PART 1REGULATION OF SOCIAL CARE SERVICES

Annotations:

C9CHAPTER 2REGISTRATION ETC. OF SERVICE PROVIDERS

Responsible individuals

I121Responsible individuals

1

In this Part, “responsible individual” means an individual—

a

who is eligible to be a responsible individual under subsection (2),

b

who the Welsh Ministers are satisfied is a fit and proper person to be a responsible individual (see section 9), and

c

designated by a service provider in respect of a place at, from or in relation to which the provider provides a regulated service and specified as such in the service provider's registration.

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To be eligible to be a responsible individual the individual must—

a

where the service provider is an individual, be the service provider;

b

where the service provider is a partnership, be one of the partners;

c

where the service provider is a body corporate other than a local authority—

i

be a director or similar officer of the body,

ii

in the case of a public limited company, be a director or company secretary, or

iii

in the case of a body corporate whose affairs are managed by its members, be a member of the body;

d

where the service provider is an unincorporated body, be a member of the body;

e

where the service provider is a local authority, be an officer of the local authority designated by the authority's director of social services.

3

For the purposes of subsection (2)(e), a local authority's director of social services may designate an officer only if the director thinks that the officer has the necessary experience and expertise to be a responsible individual.

4

The same responsible individual may be designated in relation to more than one place at, from or in relation to which a regulated service is provided.

5

The Welsh Ministers may, by regulations—

a

specify circumstances in which the Welsh Ministers (instead of a service provider) may designate an individual to be a responsible individual despite the requirements of subsection (2) not being met in respect of the individual, and

b

make provision for this Part to apply with prescribed modifications to such a responsible individual.