The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to both England and Wales, amend the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (“the Tribunal Regulations”) and make provision in relation to the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999.

Regulation 2 amends the definition of “working day” in regulation 1 (interpretation) of the Tribunal Regulations in order to clarify that the term “bank holiday” refers only to such holidays in England and Wales.

Regulation 3 amends regulation 8 of the Tribunal Regulations, which deals with multiple appeals, in order to permit the Tribunal President (or the nominated chairman), on the application of either party or on his own initiative, to hear together cases that share the same factual background.

Regulation 4 amends regulation 35 (time) of the Tribunal Regulations so that the time limits set out in sub-paragraph (2A) of paragraph 1 of Schedule 2, or sub-paragraph (3A) of paragraph 1 of Schedule 6 to those Regulations (as inserted by these Regulations), can be extended in accordance with paragraph (1) of regulation 35.

Regulation 5 amends Schedule 2 to the Tribunal Regulations, which sets out the procedure for appeals under section 79M of the Children Act 1989, to provide that, where a person is appealing against a decision of the registration authority to refuse his application for registration as a childminder or day care provider under section 79D of that Act, then the period within which such an appeal must be lodged is 3 months after the applicant has received notice of the decision to refuse his application for registration, instead of 28 days.

Regulation 6 amends Schedule 6 to the Tribunal Regulations, which sets out the procedure for appeals under section 68 of the Care Standards Act 2000, to provide that, where a person is appealing against a decision of a Council to refuse his application for registration as a social worker under section 58 of that Act, then the period within which such an appeal must be lodged is 3 months after the applicant has received notice of the decision to refuse his application for registration, instead of 28 days.