5.—(1) A person must not carry on a scheme unless that person is fit to do so.
(2) A person is not fit to carry on a scheme unless the person—
(a)is an individual who satisfies the requirements in paragraph (3);
(b)is a partnership, and each of the partners satisfies the requirements in paragraph (3);
(c)is an organisation and—
(i)the organisation has given notice to HMCI 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 the carrying on of the scheme; and
(ii)that individual satisfies the requirements in paragraph (3).
(3) The requirements are that—
(a)the person is of integrity and good character;
(b)having regard to the size of the scheme, its statement of purpose, and the number and needs of the children accommodated, the person—
(i)has the experience, qualifications and skills necessary for carrying on the scheme;
(ii)is mentally and physically fit to carry on the scheme; and
(c)the information in relation to the person in respect of each of the matters in Schedule 2 is available to HMCI.
(4) A person must not carry on a scheme if that person has—
(a)been adjudged bankrupt, or sequestration of that person’s estate has been awarded, or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986(1)), applies in relation to that person and that person has not been discharged from the bankruptcy or the sequestration and the bankruptcy order has not been annulled or rescinded; or
(b)made a composition or arrangement with a creditor and has not been discharged in respect of it.
1986 c.45. Section 251A was inserted by Schedule 17 to the Tribunals, Courts and Enforcement Act 2007 (c.15).