MLR1PP12100 - Penalties Guidance: Withdrawal of fit and proper status: Introduction

Only MSBs and TCSPs are required to pass the fit and proper test. This specific guidance should not be applied to ASPs or HVDs.

Regulation 28 (2) (e) states that an individual is not a fit and proper person if they have consistently failed to comply with MLR2007, 2003 or 2001.

An individual requiring fit and proper status may, when they apply, meet all the criteria to pass the test. This does not mean that fit and proper status can not be withdrawn if the individual's circumstances change.

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

Because fit and proper status applies to an individual or individuals, the compliance history of the individuals and not just a business will also be taken into consideration. If an individual has been associated with different non-compliant businesses, all of their breaches will be taken into consideration, not just breaches committed by any one of the businesses with which the individual is associated.

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)