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STATUTORY INSTRUMENTS


2003 No. 626

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

SOCIAL CARE, ENGLAND AND WALES

The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003

  Made 10th March 2003 
  Laid before Parliament 11th March 2003 
  Coming into force 1st April 2003 

The Secretary of State, in exercise of the powers conferred upon him by section 9(2)(c) and (d), (3) and (3B) of the Protection of Children Act 1999[1] and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992[2], and with the National Assembly for Wales in accordance with section 9(3C) of the Protection of Children Act 1999, hereby makes the following Regulations: - 

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003 and shall come into force on 1st April 2003.

    (2) In these Regulations, "the Tribunal Regulations" means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002[
3].

Amendment of regulation 1 of the Tribunal Regulations
     2. In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation) - 

Amendment of regulation 4 of the Tribunal Regulations
     3. In regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave), there shall be added at the end the following paragraphs - 

Amendment of regulation 6 of the Tribunal Regulations
    
4. In regulation 6 of the Tribunal Regulations (directions) - 

Insertion of regulation 6A in the Tribunal Regulations
    
5. After regulation 6 of the Tribunal Regulations there shall be inserted the following new regulation - 

Amendment of regulation 7 of the Tribunal Regulations
    
6. In regulation 7 of the Tribunal Regulations (fixing and notification of hearing) - 

Amendment of regulation 8 of the Tribunal Regulations
    
7. In regulation 8 of the Tribunal Regulations (multiple appeals) - 

Amendment of regulation 16 of the Tribunal Regulations
    
8. In regulation 16(4)(a) of the Tribunal Regulations (summoning of witnesses), there shall be added after the word "hearing" the words "or has consented to a shorter period of notice".

Amendment of regulation 35 of the Tribunal Regulations
    
9. In regulation 35 of the Tribunal Regulations (time), for paragraph (3) there shall be substituted the following paragraph - 

Amendment of the Tribunal Regulations: Schedules 6 and 7
    
10. After Schedule 5 to the Tribunal Regulations (appeals and applications for leave under section 86 of the 2000 Act), there shall be added the Schedules set out in the Schedule to these Regulations.



Signed by authority of the Secretary of State for Health


Jacqui Smith
Minister of State, Department of Health

10th March 2003



SCHEDULE
Regulation 10







EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (S.I. 2002/816) ("the Tribunal Regulations"). The Tribunal Regulations make provision about the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999 ("the 1999 Act") (c.14). The jurisdiction of the Tribunal has been extended by the Care Standards Act 2000 ("the 2000 Act") (c.14).

These Regulations amend the Tribunal Regulations so as to make provision for the conduct of the following appeals to the Tribunal - 

Part XA was inserted in the Children Act 1989 by section 79 of the Care Standards Act 2000.

The amendments made by these Regulations relate in particular to the procedure for the appeals. Regulation 10 and the Schedule add two new Schedules to the Tribunal Regulations, in respect of Part IV appeals and suspension appeals respectively. The two new Schedules make provision in respect of the documents which the applicant must send to the Tribunal in order to initiate an appeal, the procedure for the Secretary to follow when an appeal is made, information which the respondent must send to the Tribunal, and the provision of further information by both parties.

The Regulations amend the Tribunal Regulations, for the purposes of suspension appeals, with respect to the giving of directions by the President or nominated chairman (regulation 5), the fixing and notification of the appeal hearing (regulation 6) and multiple appeals (regulation 7).

Regulations 2, 3, 4, 8 and 9 make minor consequential amendments.


Notes:

[1] 1999 c.14. Section 9(2) of the Protection of Children Act 1999 ("the 1999 Act") was amended by the Care Standards Act 2000 (c.14) ("the 2000 Act"), section 116 and Schedule 4, paragraph 26(1), (3)(a). Section 9(3A) to (3C) of the 1999 Act was inserted by the 2000 Act, section 116 and Schedule 4, paragraph 26(1), (3)(b), in the case of section 9(3A) on a date to be appointed.back

[2] 1992 c.53. Schedule 1, paragraph 36A of the Tribunal and Inquiries Act 1992 was inserted by the Schedule to the 1999 Act, paragraph 8. Schedule 1, paragraph 36A of the Tribunals and Inquiries Act 1992 was renumbered as paragraph 36B and amended by the 2000 Act, Schedule 4, paragraph 21.back

[3] S.I. 2002/816.back

[4] See: section 54 of the Care Standards Act 2000 (c.14).back

[5] S.I. 2003/332.back



ISBN 0 11 045443 X


 
© Crown copyright 2003
Prepared 27 March 2003


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