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The Special School Residential Services (Service Providers and Responsible Individuals) (Wales) Regulations 2024

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Death of service provider

79.—(1) Where a service provider who is an individual has died, the personal representatives of the individual must—

(a)without delay, give written notification of the death to the service regulator;

(b)within 28 days of the death, notify the service regulator of their intentions regarding the future operation of the service.

(2) The personal representatives of the individual may act in the capacity of the service provider for a period not exceeding 28 days or for such longer period (not exceeding one year) as the service regulator may agree.

(3) Where the personal representatives are acting in the capacity of the service provider in accordance with paragraph (2), Part 1 of the Act applies with the following modifications—

(a)section 5 (requirement to register) does not apply;

(b)section 21(2) (responsible individuals) reads as if after paragraph (a) there were inserted—

(aa)where the personal representatives of a service provider who has died are acting in the capacity of the service provider, be one of the personal representatives;.

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