Commentary on Sections Part 1 – Regulation of Social Care Services Chapter 2 – Registration etc. of service providers Section 9 - Fit and proper person: relevant considerations
43.In making a decision as to whether a person applying to be a service provider, or who currently is a service provider, is a fit and proper person subsection (2) makes it clear that the Welsh Ministers may have regard to all matters that they think appropriate. The same requirement applies when the Welsh Ministers are making a decision as to whether a person designated as a responsible individual, or who is currently a responsible individual, is a fit and proper person. In addition, subsections (4) to (8) set out evidence that the Welsh Ministers must have regard to when making their decision. This evidence includes the commission of certain offences and the giving of a caution. Evidence of association or former association with a person who has done any of the things set out in subsection (4) is also considered relevant.
44.The reliance that Welsh Ministers place on any matter they consider relevant in making a decision will be a matter of fact and degree.
45.Subsection (9) is a regulation making power for Welsh Ministers to vary the evidence to which they must have regard under this section.