http://www.legislation.gov.uk/id/nisr/2005/178/schedule/6

http://www.legislation.gov.uk/nisr/2005/178/schedule/6/paragraph/4/made

The Care Tribunal Regulations (Northern Ireland) 2005

Care

Hearings

Child health services

Public order, justice and rights

Health care services and specialisms

Government Printer for Northern Ireland

2018-03-14

HEALTH AND PERSONAL SOCIAL SERVICES

These Regulations come into operation on 1st April 2005 and make provision about the proceedings of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (“the Order”). The Regulations make provision for the conduct of proceedings of the Care Tribunal under Article 22 of the Order, Articles 78A and 94A of the Children (Northern Ireland) Order 1995 (as inserted by the Order), Articles 78(3) and 94(3) of the Children (Northern Ireland) Order 1995, Article 11 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, Articles 70 (2) and 88A(2) (as amended by the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003) of the Education and Libraries Order (Northern Ireland) 1986, Articles 28 and 42 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, and Article 15 of the Health and Personal Social Services Act (Northern Ireland) 2001. The Social Care Tribunal Rules (Northern Ireland) 2003 are revoked.

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 1(2)(b)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 2(2)(a)

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 23

para. 6

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 10

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 33

para. 3

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 11

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 34

para. 1

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 12(a)

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 34

para. 3

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 12(b)

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 4(7)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008

reg. 2(3)

The Care Tribunal Regulations (Northern Ireland) 2005

Sch. 7

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008

Sch. 7

The Care Tribunal Regulations (Northern Ireland) 2005

Sch. 6

para. 1(4)(e)(vi)-(x)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2016

reg. 2(4)

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 1(2)(j)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

reg. 2(2)

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 4(7)(d)-(f)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

reg. 2(3)

The Care Tribunal Regulations (Northern Ireland) 2005

Sch. 7

para. 1(1)(d)-(f)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

reg. 2(4)

The Care Tribunal Regulations (Northern Ireland) 2005

Sch. 7

para. 1(3)(b)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

reg. 2(5)

The Care Tribunal Regulations (Northern Ireland) 2005

Regulation

Health and Social Care (Amendment) Act (Northern Ireland) 2014

Sch.

para. 1(1)(b)

Sch.

para. 1(2)

SCHEDULE 6APPEALS UNDER SECTION 15 OF THE HEALTH AND PERSONAL SOCIAL SERVICES ACT (NORTHERN IRELAND) 2001 AGAINST A DECISION OF THE COUNCIL IN RESPECT OF REGISTRATION UNDER PART I OF THAT ACT

Misconceived appeals etc.4

1

The Chairman may at any time strike out the appeal on the grounds that –

a

it is made otherwise than in accordance with paragraph 1;

b

it is outside the jurisdiction of the Care Tribunal or is otherwise misconceived; or

c

it is frivolous or vexatious.

2

Before striking out an appeal under this paragraph, the Chairman must –

a

invite the parties to make representations on the matter within such period as he may direct;

b

if within the period specified in the direction the applicant so requests in writing, afford the parties an opportunity to make oral representations; and

c

consider any representations the parties may make.

3

Where the Chairman strikes out an appeal made under paragraph (1), regulation 25 (costs) shall apply as if the references to “the Care Tribunal” were instead references to “the Chairman”.

4

Where, under paragraph (1), the Chairman has made a determination to strike out an appeal (“the determination”), the applicant may apply to the Chairman, for the determination to be set aside.

5

An application under paragraph (4) must –

a

be made not later than 10 working days after the date upon which notice of determination was sent to the applicant; and

b

must be in writing stating the grounds in full.

6

In the case of an application under paragraph (4), the Chairman, may, if he considers that it is appropriate to do so, set aside the determination (including, where applicable, a costs order made pursuant to paragraph (3)), and may give such directions in exercise of his powers under Part IV of these Regulations as he considers appropriate.

7

Before setting aside the determination, the Chairman may invite the parties to make representations on the matter within such period as he may direct.

8

Where the determination is set aside, the Secretary shall alter the relevant entry in the records.