PART 17Service providers who are liquidated etc. or who have died

Death of service provider57

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) is to be read as if after paragraph (a), there is 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;

4

In this regulation, “the service” means the service or services which the service provider who has died was registered to provide at the time of their death.