The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children’s and Adults’ Barred Lists) (Transitional Provisions) Regulations 2008

Directions and preliminary matters

9.—(1) If either party has requested that there shall be a preliminary hearing, or if the President or the nominated chairman considers that a preliminary hearing is necessary, the President or the nominated chairman, as the case may be, shall fix a date for the preliminary hearing as soon as possible.

(2) The Secretary shall notify the parties as soon as possible, and in any event not less than 5 working days before the hearing of the date, time and place of any preliminary hearing.

(3) The parties may be represented or assisted at any preliminary hearing by any person.

(4) At the preliminary hearing, or otherwise if a preliminary hearing is not to be held, the President or the nominated chairman—

(a) shall give directions as to the dates by which any document, witness statement or other material upon which any party is intending to rely shall be sent to the Tribunal and, if the President or the nominated chairman considers it appropriate, to the other party;

(b) may give any other direction in exercise of his powers under this Part that he considers appropriate; and

(c) shall, where the applicant has requested that the case be determined without an oral hearing, give a direction as to the date, which shall not be less that 10 working days after the last date on which he has directed that any document, witness statement or other evidence be sent to the Tribunal, by which the parties shall send in any written representations regarding the appeal.

(5) The President or the nominated chairman may direct that exchange of witness statements or other material shall be simultaneous or sequential as he considers appropriate.

(6) The Secretary shall notify the parties as soon as possible in writing of any directions the President or the nominated chairman gives under paragraphs (4) or (5) above.

(7) The Tribunal (or the President or nominated chairman) may require any person (other than the parties) to attend and give evidence or produce documents at the hearing.

(8) The Tribunal (or the President or nominated chairman) may invite any person who, in its, or his, opinion, has an interest in the proceedings to submit written representations and any such representations shall be sent to the Secretary before the end of the period of 14 days beginning with the date on which the invitation is sent to that person.