6.—(1) A person shall not carry on a children’s home unless 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 satisfies the requirements set out in paragraph (3); or
(b)is an organisation and—
(i)it has given notice to the appropriate office of the National Assembly 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 or she is of suitable integrity and good character to carry on, or (as the case may be) be responsible for supervising the management of, the children’s home;
(b)he or she is physically and mentally fit to carry on, or (as the case may be) be responsible for supervising the management of, the children’s home; and
(c)full and satisfactory information or documentation is available in relation to him or her—
(i)except where paragraph (4) applies, in respect of each matter specified in paragraphs 1 to 6 of Schedule 2;
(ii)where paragraph (4) applies, in respect of each matter specified in paragraphs 1 and 3 to 7 of Schedule 2.
[F1(iii)and further, where paragraph (4) applies, in a written report of a check on the lists maintained pursuant to section 1 of the Protection of Children Act 1999 and regulations made under section 218 of the Education Reform Act 1988.]
[F2(4) This paragraph applies where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued.]
(5) A person is not fit to carry on a children’s home if—
(a)he or she has been adjudged bankrupt or sequestration of his or her estate has been awarded and (in either case) he or she has not been discharged and the bankruptcy order has not been annulled or rescinded; or
(b)he or she has made a composition or arrangement with his creditors and has not been discharged in respect of it.
Textual Amendments
F1Reg. 6(3)(c)(iii) inserted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 3(2)(a)
F2Reg. 6(4) substituted (18.10.2002) by The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) Regulations 2002 (S.I. 2002/2622), regs. 1, 3(2)(b)
Commencement Information