PART 1REGULATION OF SOCIAL CARE SERVICES
CHAPTER 2REGISTRATION ETC. OF SERVICE PROVIDERS
Application for, variation of and cancellation of registration
9Fit and proper person: relevant considerations
1
This section applies to any decision of the Welsh Ministers as to whether—
a
a service provider,
b
a person applying to be a service provider,
c
a responsible individual, or
d
a person to be designated as a responsible individual,
is a fit and proper person to be a service provider or, as the case may be, a responsible individual.
2
In making such a decision the Welsh Ministers must have regard to all matters they think appropriate.
3
In particular, the Welsh Ministers must have regard to any evidence falling within subsections (4) to (8).
4
Evidence falls within this subsection if it shows that the person has—
a
committed—
i
any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c.42) (offences attracting notification requirements),
ii
an offence under this Act or regulations made under it,
iii
an offence under Part 2 of the Care Standards Act 2000 (c.14) or regulations made under it, or
iv
any other offence which the Welsh Ministers think is relevant, or
b
practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010 (c.15), or victimised another person contrary to that Act, in or in connection with the carrying on of any business.
5
Evidence is within this subsection if—
a
it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (4), and
b
it appears to the Welsh Ministers that the evidence is relevant to the question as to whether the person is a fit and proper person to be a service provider or, as the case may be, a responsible individual.
6
Evidence is within this subsection if it shows that the person has been responsible for, contributed to or facilitated misconduct or mismanagement in the provision—
a
of a regulated service or a service provided outside Wales which, if provided in Wales, would be a regulated service;
b
of a service which would have fallen within paragraph (a) had the regulatory system established by this Part been operating at the time the service was being provided.
7
When having regard to evidence within subsection (6), the Welsh Ministers must, among other things, take account of—
a
the seriousness and duration of the misconduct or mismanagement;
b
harm caused to any person, or any evidence of an intent to cause harm;
c
any financial gain made by the person;
d
any action taken by the person to remedy the misconduct or mismanagement.
8
Evidence is within this subsection if it shows that the person has previously failed to comply with—
a
an undertaking given under section 7(1)(a)(ii) or 11(3)(a)(ii),
b
a condition imposed under this Part, or
c
a requirement imposed by regulations under section 27(1) or 28(1).
9
The Welsh Ministers may by regulations amend this section to vary the evidence to which they must have regard.