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Health and Personal Social Services Act (Northern Ireland) 2001

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This is the original version (as it was originally enacted).

Appeals to the Social Care Tribunal

This section has no associated Explanatory Notes

15.—(1) Registered Homes Tribunals shall be known instead as Social Care Tribunals.

(2) An appeal against a decision of the Council under this Part in respect of registration shall lie to a Social Care Tribunal.

(3) On an appeal against a decision, a Social Care Tribunal may confirm the decision or direct that it shall not have effect.

(4) A Social Care Tribunal shall also have power on an appeal against a decision—

(a)to vary any condition for the time being in force in respect of the person to whom the appeal relates;

(b)to direct that any such condition shall cease to have effect; or

(c)to direct that any such condition as it thinks fit shall have effect in respect of that person.

(5) The Council shall comply with any direction given by a Social Care Tribunal under this section.

(6) In the Registered Homes Order—

(a)for “Registered Homes Tribunal” (wherever occurring) there shall be substituted “Social Care Tribunal”;

(b)for “Registered Homes Tribunals” (wherever occurring) there shall be substituted “Social Care Tribunals”;

(c)in Article 30(1) after “1995” there shall be inserted “or under Part I of the Health and Personal Social Services Act (Northern Ireland) 2001”;

(d)Article 34 applies in relation to appeals under this section with the substitution for references to the Board of references to the Council.

(7) In the Children (Northern Ireland) Order 1995 (NI 2) in Articles 78(3), 87(1), 94(3) and 103(1) for “Registered Homes Tribunal” there shall be substituted “Social Care Tribunal”.

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