The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003 and shall come into force on 1st April 2003.

(2) In these Regulations, “the Tribunal Regulations” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002(1).

Amendment of regulation 1 of the Tribunal Regulations

2.  In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation)—

(a) in the definition of “case”—

(i) at the end of paragraph (g), the word “or” shall be omitted;

(ii) there shall be added at the end the following—

“(i) an appeal under section 68 of the 2000 Act; or

(j) an appeal under the Suspension Regulations;”;

(b) at the end of the definition of “the respondent” there shall be added the following—

“(h) in relation to an appeal under section 68 of the 2000 Act, the Council;

(i) in relation to an appeal under the Suspension Regulations, the Chief Inspector;”;

(c) the following definitions shall be added at the appropriate places—

““Council” means in relation to England, the General Social Care Council or in relation to Wales, the Care Council for Wales(2);

“the Suspension Regulations” means the Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003(3);”.

Amendment of regulation 4 of the Tribunal Regulations

3.  In regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave), there shall be added at the end the following paragraphs—

“(6) In the case of an appeal under section 68 of the 2000 Act against a decision of the Council under Part IV of the 2000 Act, the procedure set out in Schedule 6 shall apply.

(7) In the case of—

(a) an appeal under regulation 8(1)(a) of the Suspension Regulations against a decision to suspend the registration of a person acting as a child minder or providing day care; or

(b) an appeal under regulation 8(1)(b) of the Suspension Regulations against a refusal to lift the suspension of such registration,

the procedure set out in Schedule 7 shall apply.”.

Amendment of regulation 6 of the Tribunal Regulations

4.  In regulation 6 of the Tribunal Regulations (directions)—

(a) there shall be added at the beginning the following paragraph—

“(Z1) This regulation shall not apply in the case of an appeal under the Suspension Regulations.”;

(b) in paragraph (1), for the words “in paragraph 6 of Schedule 1, 2 or 3”, there shall be substituted the words “in paragraph 6 of Schedule 1, 2, 3 or 6”.

Insertion of regulation 6A in the Tribunal Regulations

5.  After regulation 6 of the Tribunal Regulations there shall be inserted the following new regulation—

“Directions: appeals under the Suspension Regulations

6A.— (1) This regulation shall apply in the case of an appeal under the Suspension Regulations.

(2) The President or the nominated chairman may, if he considers it necessary or expedient (and whether at the request of either party or otherwise)—

(a) 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) give any other direction in exercise of his powers under this Part;

(c) where the applicant has requested that the case be determined without an oral hearing, give a direction as to the date by which the parties shall send any written representations, regarding the appeal, to the Tribunal.

(3) 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.

(4) The Secretary shall notify the parties as soon as possible in writing of any directions the President or the nominated chairman gives in writing under paragraphs (2) and (3).”.

Amendment of regulation 7 of the Tribunal Regulations

6.  In regulation 7 of the Tribunal Regulations (fixing and notification of hearing)—

(a) at the beginning of paragraph (2), for the words “The date” there shall be substituted the words “Except in the case of an appeal under the Suspension Regulations, the date”;

(b) after paragraph (2), there shall be inserted the following new paragraph—

“(2A) In the case of an appeal under the Suspension Regulations, the date fixed for the hearing shall be the earliest practicable date having regard to any directions which have been made by the President or the nominated chairman with regard to the preparation of evidence but shall be not later than 10 working days after the date on which the Secretary receives the written response from the respondent under paragraph 3 of Schedule 7.”;

(c) at the beginning of paragraph (3), for the words “The Secretary” there shall be substituted the words “Except in the case of an appeal under the Suspension Regulations, the Secretary”;

(d) after paragraph (3) there shall be inserted the following new paragraph—

“(3A) In the case of an appeal under the Suspension Regulations, the Secretary must inform the parties in writing of the date, time and place of the hearing—

(a) subject to sub-paragraph (b), by no later than 5 working days before the date fixed for the hearing, or by such later date as the parties may agree;

(b) where it appears to the President or the nominated chairman that it is necessary or expedient for the parties to be informed of the hearing at a date later than 5 working days before the date fixed for the hearing, by such date as the President or the nominated chairman may direct.”.

Amendment of regulation 8 of the Tribunal Regulations

7.  In regulation 8 of the Tribunal Regulations (multiple appeals)—

(a) in paragraph (5), for the words “to make written representations” on both occasions where they occur there shall be substituted the following—

• “to make—

  (i)

  in the case of an appeal under the Suspension Regulations, oral representations at the commencement of the hearing; or

  (ii)

  in any other case, written representations”;

(b) in paragraph (6), for sub-paragraph (a) there shall be substituted the following sub-paragraph—

“(a) any representations made by either party under paragraph (5);”.

Amendment of regulation 16 of the Tribunal Regulations

8.  In regulation 16(4)(a) of the Tribunal Regulations (summoning of witnesses), there shall be added after the word “hearing” the words “or has consented to a shorter period of notice”.

Amendment of regulation 35 of the Tribunal Regulations

9.  In regulation 35 of the Tribunal Regulations (time), for paragraph (3) there shall be substituted the following paragraph—

“(3) This regulation does not apply to the time limits provided for initiating an appeal mentioned in paragraph 1 of Schedule 2, 6 or 7.”.

Amendment of the Tribunal Regulations: Schedules 6 and 7

10.  After Schedule 5 to the Tribunal Regulations (appeals and applications for leave under section 86 of the 2000 Act), there shall be added the Schedules set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

10th March 2003