http://www.legislation.gov.uk/id/nisr/2005/178/schedule/3

http://www.legislation.gov.uk/nisr/2005/178/schedule/3/paragraph/1/made

The Care Tribunal Regulations (Northern Ireland) 2005

Care

Hearings

Child health services

Public order, justice and rights

Health care services and specialisms

Government Printer for Northern Ireland

2018-03-14

HEALTH AND PERSONAL SOCIAL SERVICES

These Regulations come into operation on 1st April 2005 and make provision about the proceedings of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (“the Order”). The Regulations make provision for the conduct of proceedings of the Care Tribunal under Article 22 of the Order, Articles 78A and 94A of the Children (Northern Ireland) Order 1995 (as inserted by the Order), Articles 78(3) and 94(3) of the Children (Northern Ireland) Order 1995, Article 11 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, Articles 70 (2) and 88A(2) (as amended by the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003) of the Education and Libraries Order (Northern Ireland) 1986, Articles 28 and 42 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, and Article 15 of the Health and Personal Social Services Act (Northern Ireland) 2001. The Social Care Tribunal Rules (Northern Ireland) 2003 are revoked.

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 1(2)(b)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 2(2)(a)

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 23

para. 6

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 10

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 33

para. 3

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 11

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 34

para. 1

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 12(a)

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 34

para. 3

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006

reg. 12(b)

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 4(7)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008

reg. 2(3)

The Care Tribunal Regulations (Northern Ireland) 2005

Sch. 7

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008

Sch. 7

The Care Tribunal Regulations (Northern Ireland) 2005

Sch. 6

para. 1(4)(e)(vi)-(x)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2016

reg. 2(4)

reg. 1

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 1(2)(j)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

reg. 2(2)

The Care Tribunal Regulations (Northern Ireland) 2005

reg. 4(7)(d)-(f)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

reg. 2(3)

The Care Tribunal Regulations (Northern Ireland) 2005

Sch. 7

para. 1(1)(d)-(f)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

reg. 2(4)

The Care Tribunal Regulations (Northern Ireland) 2005

Sch. 7

para. 1(3)(b)

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

reg. 2(5)

The Care Tribunal Regulations (Northern Ireland) 2005

Regulation

Health and Social Care (Amendment) Act (Northern Ireland) 2014

Sch.

para. 1(1)(b)

Sch.

para. 1(2)

SCHEDULE 3APPEALS AND APPLICATIONS FOR LEAVE TO APPEAL UNDER ARTICLE 11 OF THE PROTECTION OF CHILDREN AND VULNERABLE ADULTS (NORTHERN IRELAND) ORDER 2003 AND APPEALS UNDER ARTICLE 70(2) OR 88A(2) OF THE EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1986 AGAINST A DECISION TO PROHIBIT OR RESTRICT THE PERSON'S EMPLOYMENT OR FURTHER EMPLOYMENT OR A DECISION NOT TO REVOKE OR VARY SUCH A DECISION AND APPLICATION FOR LEAVE FOR A REVIEW OF PROHIBITION OR RESTRICTION

Initiating an appeal1

1

A person who wishes to appeal to the Care Tribunal –

a

under Article 11(1)(a) of the 2003 Order against a decision to include him in the DWC (NI) list;

b

under Article 70(2) or 88A(2) of the Education and Libraries (Northern Ireland) Order 1986, against a decision to prohibit or restrict the persons employment or further employment; or against a decision not to revoke or vary such a decision,

must do so by application in writing to the Secretary.

2

An application under this paragraph must be received by the Care Tribunal no later than the first working day after the expiry of three months from the date of the letter informing the applicant of the decision.

3

An application under this paragraph may be made on the application form available from the Secretary.

4

An application under this paragraph must –

a

give the applicant’s name, date of birth and full postal address;

b

give sufficient information concerning the decision appealed against to make it clear whether it falls within sub-paragraph (1)(a) or (1)(b);

c

give the reasons why the applicant believes he should not be included in the DWC (NI) list, or why he believes the decision should not have been made, or why that decision should be revoked or varied, as the case may be;

d

give the name, address and profession of the person (if any) representing the applicant;

e

give the address within the United Kingdom to which the Secretary should send documents concerning the appeal;

f

give, where these are available, the applicant’s telephone number, fax number and e-mail address and those of the applicant’s representative; and

g

be signed and dated by the applicant.