{
  "url": "https://openlegislation.uk/abuse-redress-rules-2026/rule-7",
  "json_url": "https://openlegislation.uk/abuse-redress-rules-2026/rule-7.json",
  "legislation": "uksi/2026/883",
  "legislation_title": "The Abuse Redress Rules 2026",
  "legislation_url": "https://openlegislation.uk/abuse-redress-rules-2026",
  "path": "rule/7",
  "kind": "rule",
  "number": "7",
  "heading": "Entitlement to continue application where applicant dies",
  "text": "(1) This rule applies to a case within section 8 of the Measure on an application for redress under section 3.\n(2) To exercise the entitlement to proceed with the application, the person concerned must give a written notification to the redress body of the intention to proceed with the application.\n(3) The notification under paragraph (2) must be accompanied by—\n(a) a certified copy of the deceased’s death certificate,\n(b) evidence of the identity of the person intending to proceed with the application, and\n(c) evidence that the relationship between that person and the deceased is of a kind that comes within section 8 (3) (a) or (b) of the Measure.\n(4) If the redress body is informed that the applicant for redress has died without the application being determined and, in the following three months, nobody expresses an intention to proceed under paragraph (2) with the application, the application is dismissed.\n(5) Where there is both a surviving spouse or surviving civil partner and another surviving partner, only that other surviving partner is entitled to proceed with the application.\n(6) Where two or more surviving children are entitled under section 8 (3) (b) of the Measure to proceed with the application, it may be continued by two or more of those persons acting jointly.\n(7) For the purposes of section 8 (4) of the Measure, the circumstances in which the deceased’s personal representatives are entitled to proceed with the application are those in which they have applied for a grant of probate or letters of administration and are progressing the application with reasonable diligence, the application having been made before the end of—\n(a) 24 months beginning with the date of the death, or\n(b) if the redress body and personal representatives agree a longer period, that longer period.\n(8) Accordingly, no person is entitled to act under section 8 (3) of the Measure before the end of the period applicable under paragraph (7).\n(9) But where a person who is a personal representative is entitled to act under section 8 (3) of the Measure, that person may proceed with the application on that basis; and paragraph (7) accordingly does not apply.\n(10) The redress body must make arrangements for ensuring that a person entitled to proceed with the application is provided with the documents or other information relating to the application which that person may reasonably require in order to proceed with the application.\n(11) Where a person entitled to proceed with the application lacks capacity to do so and the notification under paragraph (2) is given by a person who has authority to do so for that person under the Mental Capacity Act 2005, the notification must be accompanied by evidence of the authority.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/883/rule/7",
    "retrieved_at": "2026-10-28T20:56:53.626981+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}