Consultation outcome

Fit and proper person's test regulations

• From: Department of Health and Social Care
• Published: 27 March 2014
• Last updated: 7 July 2014 — See all updates

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

Applies to England

This consultation has concluded

Detail of outcome

From October 2014, subject to parliamentary approval, directors of NHS providers must meet a fit and proper person test. The Care Quality Commission will be able to insist on the removal of directors that fail this test.

The test is being introduced as part of the fundamental standard requirements for all providers. It will apply to all NHS trusts, foundation trusts and special health authorities from October and the government plans to implement the standards for all other providers by April 2015, subject to parliamentary approval.

We used the responses to this consultation to improve the drafting of the fit and proper person’s regulation. The consultation response document explains the changes in more detail.

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Original consultation

Summary

Seeks views on a new fit and proper person's test for directors of health and care providers registered with the Care Quality Commission (CQC).

This consultation ran from
27 March 2014 to 5pm on 25 April 2014

Consultation description

This consultation proposes a new registration requirement that all directors of providers registered with the CQC must meet a new fit and proper person test. The CQC will be able to insist on the removal of directors that fail this test.

The consultation includes:

• how the revised fit and proper person requirement will work
• a draft of the regulations that will introduce the fit and proper person requirement
• questions about the impact of the new regulations

It follows a previous consultation on proposals to hold providers to account where there are serious failures in care.

Documents

Consultation on the fit and proper person regulations

PDF, 389 KB, 47 pages

Corporate accountability: our response and next steps (easy read version)

PDF, 1.21 MB, 26 pages

Health and Social Care Act 2008 (Regulation of Regulated Activities) (Amendment) Regulations 2014

PDF, 56.6 KB, 4 pages

Impact assessment: Fit and proper person's requirement for directors

PDF, 314 KB, 28 pages

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Published 27 March 2014
Last updated 7 July 2014 + show all updates

1. 7 July 2014

   Added the government response to the consultation on the fit and proper persons test

2. 27 March 2014

   First published.