PART 12Requirements on responsible individuals for ensuring the effective management of the service
Duty to appoint a manager50
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
Where the service provider is an individual, the conditions are—
a
the service provider proposes to manage the service,
b
the service provider is fit to manage the service,
c
subject to paragraph (6), the service provider is registered as a manager with SCW, and
d
the Welsh Ministers agree to the service provider managing the service.
3
Where the service provider is a partnership, body corporate or unincorporated body, the conditions are—
a
the service provider proposes that the individual designated as the responsible individual for the service is to be appointed to manage the service,
b
that individual is fit to manage the service,
c
subject to paragraph (6), that individual is registered as a manager with SCW, and
d
the Welsh Ministers agree to that individual managing the service.
4
For the purposes of paragraph (2)(b), the service provider is not fit to manage the service unless the requirements of regulation 30(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.
6
The condition in paragraphs (2)(c) and (3)(c) applies only from 1 April 2022.