Consultation outcome

Fit and proper person's test regulations

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.

Original consultation

This consultation ran from 27 March 2014 12:00am to
25 April 2014 5:00pm


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).


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

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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.