The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010

Transitional provision relating to death of a service provider

21.—(1) Paragraph (2) applies where―

(a) a person registered under Part 2 of the 2000 Act (establishments and agencies) in respect of the carrying on of an establishment or agency (“registered provider”) has died before 1st October 2010 or the determination date (as the case may be);

(b) the Commission has been notified in writing of that death; and

(c) immediately before 1st October 2010 or the determination date, a personal representative is carrying on the establishment or agency without being registered in respect of it in accordance with―

(i) regulation 32(3) of the Private and Voluntary Health Care (England) Regulations 2001 (death of registered person)(1),

(ii) regulation 42(3) of the Care Homes Regulations 2001 (death of registered person) (2),

(iii) regulation 25(3) of the Nurses Agencies Regulations 2002 (death of registered person) (3),

(iv) regulation 27(3) of the Domiciliary Care Agencies Regulations 2002 (death of registered person)(4), or

(v) regulation 37(3) of the Adult Placement Schemes (England) Regulations 2004(5).

(2) Where this paragraph applies―

(a) the personal representative is entitled to carry on a regulated activity, without being registered in respect of it, insofar as the registered provider, immediately before his death, was entitled to carry on that activity at a registered establishment or agency by virtue of registration under Part 2 of the 2000 Act; and

(b) the personal representative is so entitled for the period specified in paragraph (3).

(3) The period of time referred to in paragraph (2) is―

(a) subject to paragraph (4), where before 1st October 2010, or the determination date, the personal representative has carried on the establishment or agency for less than 28 days and no extension to that period has been granted by the Commission under the regulations specified in paragraph (1)(c), the remainder of the 28 day period starting from the date on which they took over the carrying on of the establishment or agency; or

(b) where, before 1st October 2010 or the determination date, the personal representative has been granted an extension under the regulations specified in paragraph (1)(c) the period ending on the date on which that extension expires.

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

(5) The personal representative of the deceased registered provider must ensure a person is appointed to take full-time day to day charge of the carrying on of the regulated activity during any period in which, in accordance with this article, they are carrying on the regulated activity without being registered in respect of it.

(6) In this article, “determination date” means the date in article 14(7) or 17(7), or the date on which a transitional application is determined pursuant to article 16 (as the case may be).

(1)

S.I. 2001/3968. There are amending instruments but none are relevant.

(2)

S.I. 2001/3965. There are amending instruments but none are relevant.

(3)

S.I. 2002/3212. There are amending instruments but none are relevant.

(4)

S.I. 2002/3214. There are amending instruments but none are relevant.

(5)

S.I. 2004/2071. There are amending instruments but none are relevant.