The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children’s and Adults’ Barred Lists) (Transitional Provisions) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999 and deal with the conduct of proceedings of the Tribunal under section 4 of Safeguarding Vulnerable Groups Act 2006. The appeals in question are appeals against—

• decisions made by the Independent Barring Board (“the Board”) not to remove a person from the children’s barred list or the adults’ barred list pursuant to articles 2(4) or 4(4) of the Safeguarding Vulnerable Adults (Transitional Provisions) Order 2007 (“the Order”); or

• decisions by the Board, under section 4(1)(b) of the Act, to include a person in the children’s barred list pursuant to article 3(2) of the Order.

Part 1 makes provision in respect of citation, commencement and interpretation (regulation 1).

Part 2 makes provision as to the constitution of the Tribunal, in respect of the powers and functions which may be exercised by the President and the Secretary (regulation 2).

Part 3 deals with applications for permission to appeal and sets out the procedure that applies. Provision is made as to the documents which the applicant must send to the Tribunal, the procedure for the Secretary to follow when an application for permission is made, information which the respondent must send to the Tribunal and the grant or refusal of permission and reconsideration of permission (regulations 3 to 7).

Part 4 makes provision about case management. The provisions deal with the appointment of the Tribunal (regulation 8), the giving of directions and preliminary matters (regulation 9), the fixing and notification of the appeal hearing (regulation 10) and the general conduct of the hearing which must be in public (regulations 11 and 12), the summoning of witnesses (regulation 13), the procedure for child, vulnerable adult and sensitive witnesses (regulation 14), the appointment of expert witnesses by the tribunal (regulation 15), withholding medical reports from witnesses in exceptional circumstances (regulation 16), exclusion of the press or public from the appeal hearing (regulation 17) and restricted reporting orders (regulation 18).

Part 5 makes provision about the way in which decisions are given and communicated to the parties to the appeal (regulation 19), the right of a party to ask the Tribunal to review its own decision (regulation 20), the powers of the Tribunal on such a review (regulation 21) and the publication of the decision (regulation 22).

Part 6 deals with supplementary matters. Regulation 23 provides for the method of sending documents, regulation 24 provides for dealing with any irregularities, regulation 25 provides for cases where the applicant dies, regulation 26 provides for withdrawal of proceedings, regulation 27 makes provision for the proof of documents and certification of decisions and regulation 28 provides for extending or reducing time limits in the Regulations.