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The Care Quality Commission (Registration) Regulations 2009

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PART 5OTHER MISCELLANEOUS REQUIREMENTS

Death of service provider

21.—(1) Where the service provider is a partnership and a partner dies, the surviving partner shall without delay notify the Commission of the death in writing.

(2) Where the service provider is an individual and that individual dies, that individual’s personal representative must notify the Commission in writing—

(a)without delay of the death; and

(b)within 28 days of the date of death of their intentions regarding the future carrying on of the regulated activity.

(3) The personal representative of the deceased service provider may carry on the regulated activity without being registered in respect of it—

(a)for a period not exceeding 28 days; and

(b)for any future period as may be determined in accordance with paragraph (4).

(4) The Commission may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the Commission shall determine, and shall notify any such determination to the personal representative in writing.

(5) The personal representative of the deceased service provider shall appoint a person to take full-time day to day charge of the carrying on of the regulated activity during any period in which, in accordance with paragraph (3), they carry on the regulated activity without being registered in respect of it.

Appointment of liquidators

22.—(1) Any person to whom paragraph (2) applies must—

(a)notify the Commission of their appointment and the reasons for their appointment;

(b)appoint a manager to manage the regulated activity in any cases where there is not a registered manager; and

(c)before the end of the period of 28 days beginning with the date of their appointment, notify the Commission of their intentions regarding the future carrying on of the regulated activity.

(2) This paragraph applies to any person appointed as—

(a)a receiver or manager of the property of the relevant company(1);

(b)the liquidator or provisional liquidator of a relevant company; or

(c)the trustee in bankruptcy of a relevant individual(2).

(1)

See section 41(3) of the Act for the definitions of “company” and “relevant company”.

(2)

See section 41(3) of the Act for the definition of “relevant individual”.

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