The Adoption Support Agencies (Wales) Regulations 2005

PART 2 REGISTERED PROVIDERS, RESPONSIBLE INDIVIDUALS AND MANAGERS

Fitness of registered provider

5.—(1) An organisation must not carry on an agency unless it is fit to do so.

(2) An organisation is not fit to carry on an agency unless —

(a) it has given notice to the registration authority 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 agency; and

(b) that individual satisfies the requirements set out in paragraph (3).

(3) The requirements are —

(a) he or she is of suitable integrity and good character to carry on the agency;

(b) he or she is physically and mentally fit to carry on the agency; and

(c) full and satisfactory information or documentation is available in relation to him or her in respect of each of the matters specified in Schedule 2.

Appointment of manager

6.—(1) The registered provider must appoint an individual to manage the agency (in these Regulations referred to as 'the registered manager').

(2) The registered provider must immediately notify the registration authority of —

(a) the name of any person appointed in accordance with this regulation; and

(b) the date on which the appointment is to take effect.

Fitness of manager

7.—(1) The registered provider must not allow a person to manage the agency unless he or she is fit to do so.

(2) A person is not fit to manage an agency unless —

(a) he or she is of suitable integrity and good character;

(b) having regard to the size of the agency and the agency’s statement of purpose —

(i) he or she has the qualifications, skills and experience necessary for managing the agency; and

(ii) he or she is physically and mentally fit to manage the agency; and

(c) full and satisfactory information is available in relation to him or her in respect of each of the matters specified in Schedule 2.

Registered person — general requirements

8.—(1) The registered provider and the registered manager must, having regard to —

(a) the size of the agency and the agency’s statement of purpose; and

(b) the need to safeguard and promote the welfare of those receiving adoption support services from the agency,

carry on or manage the agency with sufficient care, competence and skill.

(2) The registered provider must ensure that the responsible individual undertakes from time to time such training as is appropriate to ensure that he or she has the experience and skills and expertise necessary for carrying on the agency.

(3) The registered provider must ensure that the registered manager undertakes from time to time such training as is appropriate to ensure that he or she has the experience and skills necessary for managing the agency.

Notification of offences

9.—(1) Where the registered person or the responsible individual is convicted of any criminal offence, whether in Wales or elsewhere, he or she must immediately give notice in writing to the registration authority of —

(a) the date and place of the conviction;

(b) the offence of which he or she was convicted;

(c) the penalty imposed on him or her in respect of the offence.