C5C1C7C3C9PART 1REGULATION OF SOCIAL CARE SERVICES
Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/169), regs. 1(2), 71
Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/762), regs., 57(3)
Pt. 1 applied (with modifications) (29.4.2019) by The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/163), regs. 1(2), 67(3)
Pt. 1 applied (with modifications) (31.3.2024) by The Special School Residential Services (Service Providers and Responsible Individuals) (Wales) Regulations 2024 (S.I. 2024/388), regs. 1(2), 79(3)
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.
C4C6C2C82
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.
Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/165), regs. 1(2), 58(3)