The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (“the Tribunal Regulations”) and make provision in relation to the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999 to hear appeals against determinations in relation to the disqualification of a person for registration for childminding or providing day care under paragraph 4 of Schedule 9A to the Children Act 1989.

Further, an amendment is made to make general provision for the striking out of misconceived appeals and applications for leave, and to enable the President or the nominated chairman to set aside a determination to strike out an appeal or application, and also to enable the President or the nominated chairman to make an award of costs consequent upon a decision to strike out in certain circumstances (regulation 3). Regulations 9 to 17 contain provisions which are consequential upon this amendment.

An amendment is also made to regulation 10 of the Tribunal Regulations (unless orders) enabling the President or the nominated chairman to set aside such an order, and to make an award of costs in certain circumstances (regulation 6).

Additional amendments are made as follows—

• to regulation 6 (directions) to enable the President or the nominated chairman to direct that an oral hearing shall be held in order to determine an appeal (regulation 4). The amendment to regulation 7 (fixing and notification of hearing) is consequential on this amendment (regulation 5);

• to regulation 33 (withdrawal of proceedings or opposition to proceedings) to ensure that any costs order made under the regulation is subject to regulation 24 (costs) as a whole (regulation 7);

• to regulation 35 (time) to enable the President or the nominated chairman to reduce certain time limits mentioned in the Tribunal Regulations where the parties to an appeal or application have been consulted and agree, and to provide that the parties in a case are consulted before the extension of any time limit pursuant to regulation 35(1) (regulation 8).

Regulations 2 and 9 contain minor amendments.