Protection of Children Act 1999

9 The Tribunal. E+W+S+N.I.

(1) There shall be a tribunal (“the Tribunal”) which shall exercise the jurisdiction conferred on it by section 4 and regulations made under section 6 above.

(2) The Secretary of State may by regulations make provision about the proceedings of the Tribunal

[F1 (a) on an appeal or determination under section 4][F2 , 4A or 4B]above;

[F3 (b) on an appeal, application for leave or review under section 144 of the Education Act 2002;]

(c) on an appeal under section 65A of the M1 Children Act 1989 or under, or by virtue of, Part XA of that Act;

[F4 (ca) on an appeal under paragraph 10(1A) of Schedule 26 to the School Standards and Framework Act 1998;]

(d) on an appeal or determination under section 21, 68, 86, 87 or 88 of the Care Standards Act 2000; [F5 [F6 or]

(e) on a determination under section 32 or 33 of the Criminal Justice and Court Services Act 2000.]

(3) The regulations may, in particular, include provision—

(a) as to the manner in which appeals are to be instituted or applications for determinations are to be made;

(b) as to the period within which appeals are to be instituted;

(c) as to the circumstances in which applications for leave may be made;

(d) for enabling any functions which relate to applications for leave or other matters preliminary or incidental to an appeal or determination to be performed by the President, or by the chairman;

(e) for the holding of hearings in private in prescribed circumstances;

(f) for imposing reporting restrictions in prescribed circumstances;

(g) as to the persons who may appear on behalf of the parties;

(h) for granting any person such discovery or inspection of documents or right to further particulars as might be granted by a county court;

(i) for obtaining a medical report in a case where the decision appealed against was made on medical grounds;

(j) for requiring persons to attend to give evidence and produce documents;

(k) for authorising the administration of oaths to witnesses;

(l) for the determination of appeals or issues or applications for leave without a hearing in prescribed circumstances;

(m) as to the withdrawal of appeals or applications for determinations;

(n) for the award of costs or expenses;

(o) for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court);

(p) for the recording and proof of decisions and orders of the Tribunal;

(q) for enabling the Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations; and

(r) for notification of the result of an appeal or determination to be given to such persons as may be prescribed.

[F7 (3A) The regulations may also include provision for enabling the Tribunal to make investigations for the purposes of a determination under section 87 or 88 of the Care Standards Act 2000; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations.

(3B) Regulations under this section may make different provision for different cases or classes of case.

(3C) Before making in regulations under this section provision such as is mentioned in subsection (2)(c) or (d) above, the Secretary of State shall consult the National Assembly for Wales.]

(4) Part I of the M2 Arbitration Act 1996 shall not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Act.

(5) Any person who without reasonable excuse fails to comply with—

(a) any requirement imposed by the regulations by virtue of subsection (3)(f) above;

(b) any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (3)(h) above; or

(c) any requirement imposed by the regulations by virtue of subsection (3)(j) above,

is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) An appeal shall lie to the High Court on a point of law from a decision of the Tribunal.

(7) The Schedule to this Act shall have effect with respect to the Tribunal.

Annotations:

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.

Amendments (Textual)

F1 Words in s. 9(2) substituted (1.4.2002 for specified purposes and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 26(3)(a); S.I. 2001/3852, art. 3(7)(i) (subject to transitional provisions in Sch. 1 (as amended (27.3.2002 by S.I. 2002/1493, art. 5 and (31.5.2002) by S.I. 2002/1790, art. 2 and (29.7.2002) by S.I. 2002/2001, arts. 2(3), 3))

F2 Words in s. 9(2)(a) inserted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 157(a); S.I. 2000/3302, art. 2(b)

F3 S. 9(2)(b) substituted (31.3.2003 (W.) and otherwiseprosp.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 122(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F4 S. 9(2)(ca) substituted (1.10.2002 (E.) and otherwiseprosp.) by 2002 c. 32, ss. 155, 216, Sch. 14 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

F5 S. 9(2)(e) and the word preceding it inserted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 157(d); S.I. 2000/3302, art. 2(b)

F6 Word at the end of paragraph (d) in s. 9(2) repealed (31.3.2003 (W.) and otherwiseprosp.) by 2002 c. 32, ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F7 S. 9(3A)-(3C) inserted (1.4.2002 in relation to (3B)(3C) and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 26(3)(b); S.I. 2001/3852, art. 3(7)(i) (subject to transitional provisions in Sch. 1 (as amended (27.3.2002) by S.I. 2002/1493, art. 5 and (31.5.2002) by S.I. 2002/1790, art. 2 and (29.7.2002) by S.I. 2002/2001, arts. 2(3), 3))

Commencement Information

I1 S. 9 wholly in force at 2.10.2000: s. 9 not in force at Royal Assent see s. 14(2); s. 9 in force (1.9.2000) for the purpose only of making regulations by S.I. 2000/2337, art. 2(1)(e); s. 9 in force at 2.10.2000 in so far as not already in force by S.I. 2000/2337, art. 2(2)

Marginal Citations

M1 1989 c. 41.

M2 1996 c.23.