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There are currently no known outstanding effects for the The Residential Family Centres Regulations 2002, PART II.
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5.—(1) A person shall not carry on a residential family centre unless he is fit to do so.
(2) A person is not fit to carry on a residential family centre unless the person—
(a)is an individual who carries on the residential family centre—
(i)otherwise than in partnership with others, and 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 [F1Chief Inspector] 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 residential family centre; 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 residential family centre; and
(c)he provides in relation to himself, full and satisfactory information in respect of each of the matters listed in Schedule 2.
(4) A person shall not carry on a residential family centre if—
(a)he has been [F2made] bankrupt or sequestration of his estate has been awarded [F3or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986) applies in relation to him] and F4... he has not been discharged [F5from the bankruptcy or the sequestration] and the bankruptcy order has not been annulled or rescinded; or
(b)he has made a composition or arrangement with his creditors, and has not been discharged in respect of it.
Textual Amendments
F1Words in reg. 5(2) substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)
F2Word in reg. 5(4)(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 13
F3Words in reg. 5(4)(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 26(2)(a) (with art. 7)
F4Words in reg. 5(4)(a) omitted (1.10.2012) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 26(2)(b) (with art. 7)
F5Words in reg. 5(4)(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 26(2)(c) (with art. 7)
6.—(1) The registered provider shall appoint an individual to manage a residential family centre if—
(a)there is no registered manager in respect of the residential family centre; and
(b)the registered provider—
(i)is an organisation or a partnership;
(ii)is not a fit person to manage a residential family centre; or
(iii)is not, or does not intend to be, in full-time day to day charge of the residential family centre.
(2) Where the registered provider appoints a person to manage the residential family centre, he shall forthwith give notice to the [F6Chief Inspector] of—
(a)the name of the person so appointed; and
(b)the date on which the appointment is to take effect.
Textual Amendments
F6Words in reg. 6(2) substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)
7.—(1) A person shall not manage a residential family centre unless he is fit to do so.
(2) A person is not fit to manage a residential family centre unless—
(a)he is of integrity and good character;
(b)having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents—
(i)he has the qualifications, skills and experience necessary to manage the centre; and
(ii)he is physically and mentally fit to do so;
(c)he provides in relation to himself full and satisfactory information in respect of each of the matters listed in Schedule 2.
8.—(1) The registered provider and the registered manager shall, having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents, carry on or manage the centre (as the case may be) 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;
(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 skills necessary for carrying on the residential family centre.
(3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the skills necessary for managing the residential family centre.
9. Where the registered person or the responsible individual is convicted of any criminal offence, whether in England and Wales or elsewhere, he shall forthwith give notice in writing to the [F7Chief Inspector] 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
F7Words in reg. 9 substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 12(b)(i)
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