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

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Designation of responsible individual by Welsh Ministers

80.—(1) The Welsh Ministers (instead of a service provider) may designate an individual to be a responsible individual, despite the requirements of section 21(2) of the Act not being met in respect of the individual, in the following circumstances—

(a)the service provider is an individual who has died and the personal representatives of the service provider have notified the service regulator that they do not intend to make an application under section 11(1)(c) of the Act;

(b)the service provider is an individual and they have notified the service regulator—

(i)that they are no longer able to comply with their duties as a responsible individual, and

(ii)the reasons for this being the case;

(c)the service provider is a corporate body or partnership and they have notified the service regulator—

(i)that the individual designated by the service provider as the responsible individual is no longer able to comply with their duties as a responsible individual,

(ii)the reasons for this being the case, and

(iii)that there is no other individual who is eligible to be a responsible individual and who is able to comply with the duties of a responsible individual.

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