PART IIE+W REGISTERED PERSONS

Fitness of registered providerE+W

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has not been discharged [F5from the bankruptcy or the sequestration] and the bankruptcy order has not been annulled or rescinded; or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