- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
11.—(1) An individual may only carry on a supported accommodation undertaking if the individual satisfies the requirements in paragraph (5).
(2) An individual may only carry on a supported accommodation undertaking with another individual or other individuals, otherwise than in a partnership, if that individual and each other individual satisfies the requirements in paragraph (5).
(3) A partnership may only carry on a supported accommodation undertaking if each partner satisfies the requirements in paragraph (5).
(4) An organisation may only carry on a supported accommodation undertaking if—
(a)each director of the organisation, except for a director who is the nominated individual, who is involved in the carrying on of the supported accommodation undertaking by that organisation, satisfies the requirements in paragraph (6), and
(b)the organisation has notified the CIECSS of the name and address of the nominated individual.
(5) The requirements are that—
(a)the individual or partner is of integrity and good character;
(b)the individual or partner has the capacity, appropriate experience and skills to carry on a supported accommodation undertaking having regard to—
(i)the number of premises used as supported accommodation by the undertaking concerned;
(ii)the number of children accommodated in the premises used as supported accommodation by the undertaking concerned;
(iii)the geographical scope of the premises used as supported accommodation by the undertaking concerned;
(iv)the statement of purpose of the undertaking concerned;
(v)the category or categories of supported accommodation provided by the undertaking concerned;
(c)full and satisfactory information is available in relation to the individual or partner in respect of each of the matters in paragraphs 1 and 3 to 6 of Schedule 1 and, where applicable, paragraph 2;
(d)the individual or partner is mentally and physically fit to carry on the supported accommodation undertaking;
(e)the individual or partner is financially fit to carry on the supported accommodation undertaking.
(6) The requirements are that—
(a)the individual is of integrity and good character, and
(b)full and satisfactory information is available in relation to the individual in respect of the matters in paragraphs 1 and 3 to 6 of Schedule 1 and, where applicable, paragraph 2.
(7) A nominated individual must—
(a)be a director of the organisation carrying on the supported accommodation undertaking in respect of which they are the nominated individual;
(b)satisfy the requirements in paragraph (5)(a) to (d);
(c)have the capacity, appropriate experience and skills to represent the organisation in its dealings with the CIECSS, having regard to the category or categories of supported accommodation provided by the supported accommodation undertaking in respect of which they are the nominated individual;
(d)undertake, from time to time, such training as is appropriate to ensure that they have the experience and skills necessary to represent the supported accommodation undertaking in its dealings with the CIECSS.
(8) For the purposes of paragraph 5(e), an individual is not financially fit to carry on a supported accommodation undertaking—
(a)if the individual has been made bankrupt and has not been discharged from the bankruptcy and the bankruptcy order has not been annulled or rescinded,
(b)if sequestration of the individual’s estate has been awarded and the sequestration order has not been annulled or rescinded,
(c)a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986(1)) applies in relation to the individual, or
(d)if the individual has made a composition or arrangement with the individual’s creditors and the individual has not been discharged in respect of the composition or arrangement.
(9) For the purposes of this regulation, “director” includes any individual who performs the functions of, or functions equivalent or similar to the functions of, a director, by whatever name called.
1986 c. 45; section 251A was inserted by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 17.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: