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The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Inclusion in the PoCA List and Review of Section 142 Directions) Regulations 2007

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Review of inclusion in the PoCA List

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2.—(1) The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Disqualification Orders) Regulations 2006(1) apply in relation to applications to the Tribunal under sections 4A and 4B of the Protection of Children Act 1999(2) with the following modifications.

(2) In regulation 1(2) (interpretation)—

(a)for the definition of “the Act” substitute—

the Act” means the Protection of Children Act 1999;;

(b)for the definition of “appropriate conditions” substitute—

“appropriate conditions” means the conditions set out in section 4B(3) or (4) of the Act;;

(c)for the definition of “grant conditions” substitute—

“grant conditions” means the conditions set out in section 4B(5) of the Act;

“inclusion in the PoCA List” means inclusion (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Act;;

(d)omit the definition of “the Order”.

(3) In regulation 3 (initiating an application)—

(a)for paragraph (1) substitute—

(1) A person who wishes to make an application to the Tribunal under sections 4A and 4B of the Act must do so in writing to the Secretary.;

(b)for paragraph (3)(b) substitute—

(b)give the date of the applicant’s inclusion in the PoCA List together with details of any change in the applicant’s circumstances since his inclusion in the PoCA List that leads the applicant to believe that he should no longer be included in the PoCA List;.

(4) In regulation 9 (directions and preliminary issues), after paragraph (4) insert—

(4A) Following the grant of leave under regulation 6, the Secretary shall, without delay, notify the Secretary of State for Children, Schools and Families that leave has been granted..

(5) In regulation 18 (the decision), after paragraph (4) insert—

(4A) The Secretary must, as soon as reasonably possible, send to the Secretary of State for Children, Schools and Families a copy of the document mentioned in paragraph (2)..

(6) In regulation 20(2) (powers of Tribunal on review), after “the applicant” insert “and the Secretary of State for Children, Schools and Families”.

(2)

Sections 4A and 4B were inserted by paragraph 155 of Schedule 7 to the CJCSA 2000.

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