PART 16Requirements on responsible individuals for ensuring effective management of the service
Duty to appoint a manager67
1
The responsible individual must appoint a person to manage the service. But this requirement does not apply if the conditions in paragraph (2) or (3) apply.
2
The conditions are—
a
the service provider is an individual;
b
the service provider proposes to manage the service;
c
the service provider is fit to manage the service;
d
the service provider is registered as a social care manager with Social Care Wales; and
e
the service regulator agrees to the service provider managing the service.
3
The conditions are—
a
the service provider is a partnership, body corporate or unincorporated body;
b
the service provider is registered to provide a care home service or residential family centre service at no more than two locations or is registered to provide a domiciliary support service in relation to no more than two areas;
c
the service provider proposes that the individual designated as the responsible individual for the service is to be appointed to manage the service;
d
that individual is fit to manage the service;
e
that individual is registered as a social care manager with Social Care Wales; and
f
the service regulator agrees to that individual managing the service.
4
For the purposes of paragraph (2)(c), the service provider is not fit to manage the service unless the requirements of regulation 34(2) (fitness of staff) are met in respect of the service provider.
5
The duty in paragraph (1) is not discharged if the person appointed to manage the service is absent for a period of more than three months.