9.—(1) A person shall not manage a care home unless he or she is fit to do so.
(2) A person shall not be fit to manage a care home unless—
(a)he or she is of suitable integrity and good character to manage the home;
(b)having regard to the size of the care home, the statement of purpose, and the number and needs of the service users—
(i)he or she is physically and mentally fit to manage the care home; and
(ii)he or she has the skills and experience necessary to manage the care home; and
(c)full and satisfactory information or documentation is available in relation to him or her—
(i)except where paragraph (3) applies, in respect of each matter specified in paragraphs 1 to 6 of Schedule 2;
[F1(ii)where paragraph (3) applies, in respect of each matter specified in paragraphs 1 and 3 to 6 of Schedule 2;]
[F2(iii)and further, where paragraph (3) applies, notification has been received under section 113E(4)(a) of the Police Act 1997 that the individual is not included on a specified adults' list (within the meaning of section 113E of that Act).]
[F3(3) This paragraph applies—
(a)where an individual has applied for a certificate referred to in paragraph 2 of Schedule 2 but the certificate has not been issued; and
(b)the individual will not be engaged in regulated activity relating to children.]
Textual Amendments
F1Reg. 9(2)(c)(ii) substituted (12.10.2009) by The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009 (S.I. 2009/2541), regs. 1(1), 11(3)(a)
F2Reg. 9(2)(c)(iii) substituted (12.10.2009) by The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009 (S.I. 2009/2541), regs. 1(1), 11(3)(b)
F3Reg. 9(3) substituted (12.10.2009) by The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009 (S.I. 2009/2541), regs. 1(1), 11(3)(c)
Commencement Information