The Domiciliary Care Agencies Regulations (Northern Ireland) 2007

PART II N.I. REGISTERED PERSONS

Fitness of registered provider N.I.

8.—(1) A person shall not carry on an agency unless he is fit to do so.

(2) A person is not fit to carry on an agency unless the person—

(a) is an individual, who carries on the agency—

(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 [F1 RQIA] 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 agency; 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;

(b) he is physically and mentally fit to carry on the agency; and

(c) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

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has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or

[F2 (ab) he is the subject of a bankruptcy restrictions order; or]

[F3 (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.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

F2 Reg. 8(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. 42(3)

F3 Reg. 8(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. 49(3)

Commencement Information

I1 Reg. 8 in operation at 30.4.2007, see reg. 1

Appointment of manager N.I.

9.—(1) The registered provider shall appoint an individual to manage the agency where—

(a) there is no registered manager in respect of the agency; and

(b) the registered provider—

(i) is an organisation or a partnership; or

(ii) is not a fit person to manage an agency; or

(iii) is not, or does not intend to be, managing the agency himself.

(2) Where the registered provider appoints a person to manage the agency, he shall forthwith give notice to the [F1 RQIA] of—

(a) the name of the person so appointed; and

(b) the date on which the appointment is to take effect.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

Commencement Information

I2 Reg. 9 in operation at 30.4.2007, see reg. 1

Fitness of registered manager N.I.

10.—(1) A person shall not manage an agency unless he is fit to do so.

(2) A person is not fit to manage an agency unless—

(a) he is of integrity and good character;

(b) having regard to the size of the agency, the statement of purpose and the number and needs of the service users—

(i) he has the qualifications, skills and experience necessary to manage the agency; and

(ii) he is physically and mentally fit to do so; and

(c) full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.

Commencement Information

I3 Reg. 10 in operation at 30.4.2007, see reg. 1

Registered person — general requirements and training N.I.

11.—(1) The registered provider and the registered manager shall, having regard to the size of the agency, the statement of purpose and the number and needs of the service users, carry on or (as the case may be) manage the agency with sufficient care, competence and skill.

(2) If the registered provider is—

(a) an individual, he shall undertake;

(b) an organisation, it shall ensure that the responsible individual undertakes; or

(c) a partnership, it shall ensure that one of the partners undertakes,

from time to time such training as is appropriate to ensure that he has the experience and skills necessary for carrying on the agency.

(3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the experience and skills necessary for managing the agency.

Commencement Information

I4 Reg. 11 in operation at 30.4.2007, see reg. 1

Notification of offences N.I.

12.  Where the registered person or the responsible individual is convicted of any criminal offence, whether in Northern Ireland or elsewhere, he shall forthwith give notice in writing to the [F1 RQIA] of—

(a) the date and place of the conviction;

(b) the offence of which he was convicted; and

(c) the penalty imposed on him in respect of the offence.

Textual Amendments

F1 Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))

Commencement Information

I5 Reg. 12 in operation at 30.4.2007, see reg. 1