Fit-and-proper-person test

The fit-and-proper-person test or director's test 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 National Health Service in England for board members of NHS Trusts 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 Housing Act 2004, s.64 and s.88, apply fit and proper person tests to the conditions for granted licences to landlords of Houses in Multiple Occupation (HMOs) and/or houses which are subject to selective licensing. The Office for Students' Regulatory framework for higher education in England applies the fit and proper person test to "members of the governing body, those with senior management responsibilities, and individuals exercising control or significant influence over the provider" at higher education providers in England as one of its public interest governing principles. Irish legislation on waste collection permits incorporates a fit and proper person test.

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