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to set up a central database to hold information about directors; to require full references for each director (a mandatory reference scheme) and to set up a Health
Directors Standards Council to investigate and deal with serious misconduct by senior directors. The first two recommendations were accepted by Government, the rest are under review.
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In 2018 the Health
Minister commissioned a review of the test which was conducted by Tom Kark QC who made 7 recommendations to strengthen it and make it applicable throughout the NHS. Amongst his recommendations were: to devise a set of competencies for directors to meet and be benchmarked against;
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under the Health and Social Care Act 2008 (Regulated
Activities) Regulations 2014. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, s.19 also extends the test to any person employed for the purposes of any regulated activity (doctor, nurse, social worker etc). And the
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A trust must not “appoint or have in place” a director who has been responsible for, privy to, contributed to or facilitated any serious misconduct or mismanagement (whether unlawful or not) in the course of carrying on a regulated activity.
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is a test aiming to prevent corrupt or untrustworthy people from serving on the board of certain organizations. First introduced in 2004 for owners and directors of major
British football clubs, since November 2014 it also applies to the
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Housing Act 2004 s.64 and s.88 apply fit and proper person tests to the conditions for granted licences to landlords of Houses of
Multiple Occupation (HMOs) and/or houses that are subject to selective licensing.
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121:. Anybody who takes over a club, runs one, or owns over 30% of its shares must be assessed. The first director known to have failed the test was Dennis Coleman, director of
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in
January 2015 which alleged that more than 20 current and former NHS chief executives, medical directors and senior board level executives were unfit for their roles.
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Directors of NHS Trusts can be deemed unfit if they have been involved in “serious misconduct or mismanagement”. The test is supervised by the
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The
Premier League has tighter restrictions than the Football League or National League. In general, a businessman will fail the test if:
145:, became the first owner to fail the test, after he was legally disqualified from being a director of any company. This was a result of
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of good character - consideration must be given to previous convictions and removal from a professional register when assessing this;
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and are capable (once reasonable adjustments have been made) of performing tasks intrinsic to their job by reason of their health.
182:, launched a bid to buy the club but one month later Ryan was found not to be a fit and proper person due to a lack of funding.
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They have been a director of two or more clubs of which, while they have been director, has suffered an event of insolvency
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281:"Care watchdog will not shirk from action against trusts with 'unfit' directors, says chief inspector of hospitals"
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They have been director of a club while it has suffered two or more unconnected events of
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and have the qualifications, competence, skills and experience necessary for their office;
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133:"I came in and in effect saved the club. It is totally unfair for me to be disqualified."
234:"NHS England » NHS England Fit and Proper Person Test Framework for board members"
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was found not to be a fit and proper person as the result of an independent enquiry.
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rugby club. He transferred control of
Chester to his son, Stephen Vaughan, Jr.
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They hold a significant interest in another
Football League club
373:"Louis Tomlinson: Doncaster Rovers takeover is off - John Ryan"
359:"Rangers' Craig Whyte not fit and proper person - Scottish FA"
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They have power or influence over another
Football League club
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259:"The CQC's new fit and proper persons test explained"
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They become prohibited by law from being a director
63:A Trust must be satisfied that its directors are:
105:The test, introduced in 2004, is mandated by the
81:The CQC received referrals from campaigners and
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304:"Family saga puts Rotherham through the mill"
60:but decisions are made by individual trusts.
434:"What is the 'fit and proper person test'?"
283:. Local Government Chronicle. 12 March 2015
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261:. Health Service Journal. 27 November 2014
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41:National Health Service in England
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501:National Health Service (England)
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496:Association football terminology
330:Conn, David (18 November 2009).
455:"A fit and proper Premiership?"
398:"A fit and proper Premiership?"
432:Conn, David (7 October 2009).
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129:in 2006 and 2008. He claimed:
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302:Conn, David (23 April 2008).
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27:British trustworthiness test
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375:. BBC Sport. 17 July 2014.
361:. BBC Sport. 8 March 2012.
32:fit-and-proper-person test
18:Fit and proper person test
119:Scottish Premier League
93:Application in football
58:Care Quality Commission
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43:for board members of
203:They are filing for
186:Disqualifying events
125:when they went into
238:www.england.nhs.uk
149:fraud as owner of
137:In November 2009,
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481:CQC guidance
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463:. Retrieved
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439:The Guardian
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408:29 September
406:. Retrieved
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341:. Retrieved
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162:Craig Whyte
490:Categories
243:8 November
220:References
211:insolvency
205:bankruptcy
45:NHS Trusts
426:Websites
287:13 March
265:13 March
173:boy band
117:and the
421:Sources
158:Rangers
160:owner
113:, the
109:, the
467:2010
447:2010
410:2010
345:2010
317:2010
289:2015
267:2015
245:2023
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459:BBC
402:BBC
147:VAT
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