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Health and Personal Social Services Act (Northern Ireland) 2001

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Miscellaneous and supplementalN.I.

[F1Appeals to the Care TribunalN.I.

15.(1) A person may appeal to the Care Tribunal against a relevantdecision.

(2) On the appeal, the Care Tribunal may—

(a)confirm the decision,

(b)set aside the decision [F2or, in the case of an appeal from a decision falling within subsection (3)(c), direct that the alert be withdrawn or amended] , or

(c)substitute for the decision appealed against any other decision that could have been made.

(3) Relevant decision” means—

(a)a decision under this Part in respect of registration, F3...

(b)a decision under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted (by virtue of that Part of those regulations) to have access to, and to pursue, the profession of social worker in the United Kingdom [F4, and]

[F5(c)a decision under regulation 67 of the General Systems Regulations to send an alert about a person.]

(4) In subsection (3)(a) the reference to a decision under this Part inrespect of registration includes a decision under section 6 to give a warning (but not a decision to enter into, vary or revoke an agreement of a kind mentioned in section 6(1)(dd) or a decision to give advice).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1S. 15 substituted (13.5.2016 with effect as mentioned in s. 5(2)) by Health and Personal Social Services (Amendment) Act (NorthernIreland) 2016 (c. 23), ss. 5(1), 8

Publication, etc. of registerN.I.

16.—(1) The Council shall publish the register in such manner, and at such times, as it considers appropriate.

(2) Any person who asks the Council for a copy of, or of an extract from, the register shall be entitled to have one.

[F6Publication etc of information about fitness to practiseN.I.

16A(1) If it considers it is in the public interest to do so, the Councilmay publish or disclose to any person—

(a)information relating to a particular registered person's fitness to practise, or

(b)information of a particular description relating to the fitness to practise of—

(i)every registered person, or

(ii)every registered person of a particular description.

(2) For the purposes of subsection (1)(b) the Council need not considerwhether it is in the public interest to publish or disclose the information in question in relation to each registered person to whom it relates.

(3) In this section “information” includes—

(a)information relating to, or arising, before a person's registration (as well as after it), and

(b)information arising outside the United Kingdom (as well as in it).

(4) In this section references to a registered person include a person whohas at any time been a registered person.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Cesser of functions of CCETSWN.I.

17.  The Central Council for Education and Training in Social Work shall cease to exercise in relation to Northern Ireland the functions conferred on it by or under section 10 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41).

RulesN.I.

18.—(1) Rules made by the Council under this Part may make provision for the payment of reasonable fees to the Council in connection with the discharge of the Council's functions [F7, but subject to subsection (2A)].

(2) In particular, the rules may make provision for the payment of such fees in connection with—

(a)registration (including applications for registration or for amendment of the register [F8, but subject to subsection (2A)]);

(b)the approval of courses under section 10;

[F9(ba)assessments of a kind mentioned in section 10A(3);]

(c)the provision of training;

(d)the provision of copies of codes of practice or copies of, or extracts, from the register,

including provision requiring persons registered under this Part to pay a periodic fee to the Council of such amount, and at such time, as the rules may specify.

[F10(2A) Rules made by the Council under this Part may not make provision for the payment of fees in connection with registration in the visiting European part of the register.]

(3) No rules shall be made by the Council under this Part without the consent of the Department.

[F11(4) Rules under this Part may contain transitional, transitory or savingprovision.

(5) Transitional provision made by rules under section 6 may inparticular provide that where a person appeals against a decision made before the coming into operation of the rules (or any amendment of the rules), for the purposes of section 15(2)(c) the rules are (or the amendment is) to be treated as having been in operation at the time of that decision.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Default powers of DepartmentN.I.

19.—(1) The powers conferred by this section are exercisable by the Department if it is satisfied that the Council—

(a)has without reasonable excuse failed to discharge any of its functions; or

(b)in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by it under section 1(3) in relation to those functions.

(2) The Department may—

(a)make an order declaring the Council to be in default; and

(b)direct the Council to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

(3) If the Council fails to comply with the Department's direction under subsection (2), the Department may—

(a)discharge the functions to which the direction relates itself; or

(b)make arrangements for any other person to discharge those functions on its behalf.

Ss. 20‐21 rep. by 2003 NI 9

[F12Interpretation of this PartN.I.

22.[F13(1)]  In this Part “child”, “children's home”, “day care setting”, “domiciliary care agency”, “nursing home”, “personal care”, “registered care home”, “residential family centre”, “school” and “undertaking” have the same meanings as in the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.]

[F14(2) In this Part—

the register” means the register maintained under section 3;

registered person” means a person registered in a part of the register.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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