Conditions for application under Article 43
44.—(1) An individual may only make an application under Article 43 with the leave of a Social Care Tribunal.
(2) An application for leave under this Article may not be made unless the appropriate conditions are satisfied in the individual’s case.
(3) In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if—
(a)he has been so included for a continuous period of at least five years; and
(b)in the period of five years ending with the time when he makes the application under this Article, he has made no other such application.
(4) In the case of any other individual, the appropriate conditions are satisfied if—
(a)he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and
(b)in the period of ten years ending with the time when he makes the application under this Article, he has made no other such application.
(5) The Tribunal shall not grant an application under this Article unless it considers—
(a)that the individual’s circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this Article; and
(b)that the change is such that leave should be granted.