The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

Death of service providerE+W

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

(a)without delay, give written notice of the death to the Welsh Ministers, and

(b)within 28 days of the death, notify the Welsh Ministers 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 Welsh Ministers 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 2016 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 fostering service which the individual provider who has died was registered to provide at the time of their death.

Commencement Information

I1Reg. 71 in force at 29.4.2019, see reg. 1(2)