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Regulation and Inspection of Social Care (Wales) Act 2016
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21Responsible individuals
This section has no associated Explanatory Notes
(1)In this Part, “responsible individual” means an individual—
(a)who is eligible to be a responsible individual under subsection (2),
(b)who the Welsh Ministers are satisfied is a fit and proper person to be a responsible individual (see section 9), and
(c)designated by a service provider in respect of a place at, from or in relation to which the provider provides a regulated service and specified as such in the service provider’s registration.
(2)To be eligible to be a responsible individual the individual must—
(a)where the service provider is an individual, be the service provider;
(b)where the service provider is a partnership, be one of the partners;
(c)where the service provider is a body corporate other than a local authority—
(i)be a director or similar officer of the body,
(ii)in the case of a public limited company, be a director or company secretary, or
(iii)in the case of a body corporate whose affairs are managed by its members, be a member of the body;
(d)where the service provider is an unincorporated body, be a member of the body;
(e)where the service provider is a local authority, be an officer of the local authority designated by the authority’s director of social services.
(3)For the purposes of subsection (2)(e), a local authority’s director of social services may designate an officer only if the director thinks that the officer has the necessary experience and expertise to be a responsible individual.
(4)The same responsible individual may be designated in relation to more than one place at, from or in relation to which a regulated service is provided.
(5)The Welsh Ministers may, by regulations—
(a)specify circumstances in which the Welsh Ministers (instead of a service provider) may designate an individual to be a responsible individual despite the requirements of subsection (2) not being met in respect of the individual, and
(b)make provision for this Part to apply with prescribed modifications to such a responsible individual.
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