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12.—(1) A person shall not manage an establishment or agency unless he is fit to do so.
(2) A person is not fit to manage an establishment or agency unless—
(a)he is of integrity and good character;
(b)having regard to the size of the establishment or agency and the number and needs of the patients—
(i)he has the qualifications, skills and experience necessary to manage the establishment or agency; and
(ii)he is physically and mentally fit to do so; and
(c)full and satisfactory information is available in relation to him—
(i)except where paragraph (3) applies, in respect of each of the matters specified in paragraphs 1 to 7 of Schedule 2;
(ii)where paragraph (3) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 8 of Schedule 2.
(3) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997(1) has not been brought into force.
See footnote to regulation 10(4).
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