UK Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (CQC Fundamental Standards)
Part 3 Section 1: fitness of providers, directors, nominated individuals and registered managers (regulations 4 to 7, Schedules 3 and 4) – UK Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (CQC Fundamental Standards)

UK Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (CQC Fundamental Standards) 5: Fit and proper persons: appoint directors and equivalent post-holders only if of good character, qualified, healthy for the role, free of serious misconduct or mismanagement, and not unfit under Schedule 4, and act when a director ceases to meet the test

What does 5 require?

A service provider that is a body other than a partnership must not appoint or have in place as a director, or in a role performing the functions of a director, an individual who does not satisfy all of the following: good character (assessed against Part 2 of Schedule 4); the qualifications, competence, skills and experience necessary for the office or work; the health, after reasonable adjustments, to perform the intrinsic tasks; no responsibility for, privity to, contribution to or facilitation of serious misconduct or mismanagement, lawful or not, in carrying on a regulated activity or an equivalent service elsewhere; and none of the Part 1 Schedule 4 grounds of unfitness (undischarged bankruptcy, bankruptcy restrictions, debt relief moratorium, undischarged composition with creditors, inclusion in the children's or adults' barred lists, or statutory prohibition from the office). The Schedule 3 information and any other statutorily required information must be available to supply to the Commission for each such person, and where a director no longer meets the requirements the provider must take necessary and proportionate action to ensure the office is held by someone who does and, if the individual is a registered professional, inform their regulator.

Maintained by Gerard Blokdyk

Other controls in Part 3 Section 1: fitness of providers, directors, nominated individuals and registered managers (regulations 4 to 7, Schedules 3 and 4) – UK Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (CQC Fundamental Standards)

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