The Care Tribunal Regulations (Northern Ireland) 2005

• (d) give the dates of any previous appeal under Article 42 of the 2003 Order and (where applicable) application for leave, which the applicant has made to the Care Tribunal;

• (e) give details of any new evidence or material change of circumstances since that appeal and (where applicable) application for leave was determined which might lead the Care Tribunal to a different decision;

• (f) in the case of an application to have the issue of his inclusion in the DWVA (NI) list determined by the Care Tribunal, give details of any civil or criminal proceedings relating to the misconduct of which the applicant is alleged to have been guilty;

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

• (h) give the address within the United Kingdom to which the Care Tribunal should send documents concerning the appeal and the application for leave;

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

• (j) be signed and dated by the applicant.

Acknowledgement and notification of application

3

• (1) On receiving an application, the Secretary to the Care Tribunal must –

• (a) immediately send an acknowledgement of its receipt to the applicant; and

• (b) subject to the following provisions of this paragraph, enter particulars of the application and the date of its receipt in the records and send a copy of it, together with any documents supplied by the applicant in support of it, to the respondent.

• (2) If the Chairman is of the opinion that the applicant is asking the Care Tribunal to do something which it cannot do, he may notify the applicant in writing –

• (a) of the reasons for his opinion; and

• (b) that the application will not be entered in the records unless within five working days the applicant notifies the Chairman in writing that he wishes to proceed with it.

• (3) If in the Secretary’s opinion there is an obvious error in the application –

• (a) he may correct it;

• (b) he shall notify the applicant accordingly; and

• (c) unless within five working days of receipt of notification under head (b) the applicant notifies the Secretary in writing that he objects to the correction, the application shall be amended accordingly.

Response to application

4

• (1) The Secretary must send the information provided by the applicant under paragraph 1 or 2, as the case may be, to the respondent together with a request that he respond to the application within 20 working days of receiving it.

• (2) If the respondent fails to respond as directed, he shall not be entitled to take any further part in the proceedings.

• (3) The response must –

• (a) acknowledge that the respondent has received a copy of the application;

• (b) indicate whether or not he opposes it, and if he does, why;

• (c) provide the following information and documents –

• (i) the name, address and profession of the person (if any) representing the respondent and whether the Secretary should send documents concerning the appeal or, as the case may be, application for leave, to the representative rather than to the respondent;

• (ii) copies of any letters informing the applicant of the decision which is the subject of the appeal or, as the case may be, application for leave;

• (iii) copies of any information submitted with a reference under Articles 36(1), 37(1), 38(1) and 39 of the 2003 Order and of any observations submitted on it by the applicant.

• (4) The Secretary must without delay send to the applicant a copy of the response and the information and documents provided with it.

Misconceived applications for leave, appeals etc.

5

• (1) The Chairman may at any time strike out the appeal or, as the case may be, application for leave, on the grounds that –

• (a) it is made otherwise than in accordance with paragraph 1 or 2 (as the case may be);

• (b) it is outside the jurisdiction of the Care Tribunal or is otherwise misconceived; or

• (c) it is frivolous or vexatious.

• (2) Before striking out an appeal or application for leave, as the case may be, under this paragraph, the Chairman must –

• (a) invite the parties to make representations on the matter within such period as he may direct;

• (b) if within the period specified in the direction the applicant so requests in writing, afford the parties an opportunity to make oral representations; and

• (c) consider any representations the parties may make.

• (3) Where the Chairman strikes out an appeal or application for leave made under paragraph (1), regulation 25 (costs) shall apply as if the references to “the Care Tribunal” were instead references to “the Chairman”.

• (4) Where, under paragraph (1), the Chairman has made a determination to strike out an appeal or application for leave (“the determination”), the applicant may apply to the Chairman, for the determination to be set aside.

• (5) An application under paragraph (4) must –

• (a) be made not later than 10 working days after the date upon which notice of determination was sent to the applicant; and

• (b) must be in writing stating the grounds in full.

• (6) In the case of an application under paragraph (4), the Chairman, may, if he considers that it is appropriate to do so, set aside the determination (including, where applicable, a costs order made pursuant to paragraph (3)), and may give such directions in exercise of his powers under Part IV of these Regulations as he considers appropriate.

• (7) Before setting aside the determination, the Chairman may invite the parties to make representations on the matter within such period as he may direct.

• (8) Where the determination is set aside, the Secretary shall alter the relevant entry in the records.

Grant or refusal of leave

6

• (1) The Chairman shall grant or refuse leave in relation to an application under paragraph 2 without a hearing, as he sees fit.

• (2) Subject to paragraph 7, if the Chairman refuses leave the application shall be dismissed.

• (3) The Secretary must without delay notify the parties in writing of the Chairman’s decision, and if he has refused leave –

• (a) must notify them of his reasons for doing so; and

• (b) must inform the applicant of his right to request a reconsideration of the decision under paragraph 7.

Reconsideration of leave

7

• (1) The Chairman must reconsider a decision to refuse leave if within ten working days after receipt of a notice under paragraph 6(3) the Care Tribunal receives a written request to do so from the applicant.

• (2) If in his request under sub-paragraph (1) the applicant has asked to make representations about leave at a hearing, the Secretary must fix a hearing for those representations to be heard.

• (3) The Secretary must notify the respondent of any hearing fixed for the purpose of considering whether to grant leave, and the applicant and the respondent may appear or be represented by any person at that hearing.

• (4) If the Chairman again refuses leave after reconsideration –

• (a) he must give his reasons for doing so in writing; and

• (b) the Secretary must without delay send to the parties a copy of the Chairman’s decision and if he has refused leave his reasons for doing so.

Further information to be sent by the applicant and respondent

8

• (1) As soon as the respondent has provided the information set out in paragraph 4, or as soon as leave has been granted under paragraph 6 or 7, the Secretary must write to each party requesting that he send to the Care Tribunal, within 20 working days after the date on which he receives the Secretary’s letter, the following information –

• (a) the name of any witness whose evidence the party wishes the Care Tribunal to consider (and whether the party may wish the Care Tribunal to consider additional witness evidence from a witness whose name is not yet known) and the nature of that evidence;

• (b) whether the party wishes the Chairman to give any directions or exercise any of his powers under Part IV of these Regulations;

• (c) whether the party wishes there to be a preliminary hearing with regard to directions;

• (d) a provisional estimate of the time the party considers will be required to present his case;

• (e) the earliest date by which the party considers he would be able to prepare his case for hearing; and

• (f) in the case of the applicant, whether he wishes his case to be determined without a hearing.

• (2) Once the Secretary has received the information referred to in sub-paragraph (1) from both parties, he must without delay send a copy of the information supplied by the applicant to the respondent and that supplied by the respondent to the applicant.

Changes to further information supplied to the Care Tribunal

9

• (1) Either party, within 5 working days of receiving the further information in respect of the other party from the Secretary, may ask the Secretary in writing to amend or add to any of the information given under paragraph 8(1).

• (2) If the Secretary to the Care Tribunal receives any further information under sub-paragraph (1) from either party he must, without delay, send a copy of it to the other party.

SCHEDULE 6 — APPEALS UNDER SECTION 15 OF THE HEALTH AND PERSONAL SOCIAL SERVICES ACT (NORTHERN IRELAND) 2001 AGAINST A DECISION OF THE COUNCIL IN RESPECT OF REGISTRATION UNDER PART I OF THAT ACT

Initiating an appeal

1

• (1) A person who wishes to appeal to the Care Tribunal under section 15 of the 2001 Act against a relevant decision of the Council under Part 1 of that Act in respect of registration must do so by application in writing to the Care Tribunal.

• “Relevant decision” means—a decision under Part 1 of the 2001 Act in respect of registration, anda decision under Part 3 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 in respect of an aptitude test, or period of adaptation, in connection with a person becoming permitted (by virtue of that Part of those Regulations) to have access to, and pursue the profession of social worker in the United Kingdom.

• (2) An application under this paragraph may be made on the application form available from the Secretary to the Care Tribunal.

• (3) An application under this paragraph must be received by the Secretary no later than 28 days after the date of service on the applicant of notice of the decision.

• (4) An application under this paragraph must –

• (a) give the applicant’s name, date of birth and full postal address;

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

• (c) give the address within the United Kingdom to which the Care Tribunal should send documents concerning the appeal;

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

• (e) identify the decision against which the appeal is brought and give particulars of whether the appeal is against –

• (i) the refusal of registration of the applicant as a social worker or, as the case may be, a social care worker in the relevant part of the register;

• (ii) the removal of the applicant from a part of the register;

• (iii) the suspension, or the refusal to terminate the suspension, of the applicant from a part of the register;

• (iv) the grant of an application for registration subject to conditions; ...

• (v) the removal, alteration or restoration of an entry relating to the applicant in a part of the register;

• (vi) the making of the applicant’s registration in a part of the register subject to conditions (whether or not for a specified period);

• (vii) the variation or revocation of the conditions to which the applicant’s registration in a part of the register is subject;

• (viii) the variation of the duration for which the applicant’s registration in a part of the register is subject to conditions;

• (ix) a warning given to the applicant; or

• (x) a requirement to complete an adaptation period or take and pass an aptitude test.

• (f) give a short statement of grounds for the appeal; and

• (g) be signed and dated by the applicant.

• (5) In this Schedule, “register” means the register maintained by the Council under Section 3(1) of the 2001 Act and “relevant part” of the register means –

• (a) in relation to a social worker, the part of the register for social workers; and

• (b) in relation to a social care worker of a specified description, the part of the register for a social care worker of that description.

Acknowledgement and notification of application

2

• (1) On receiving an application, the Secretary must –

• (a) immediately send an acknowledgement of its receipt to the applicant; and

• (b) enter particulars of the appeal and the date of its receipt in the records and send a copy of it, together with any documents supplied by the applicant in support of it, to the respondent.

• (2) If, in the Secretary’s opinion, there is an obvious error in the application –

• (a) he may correct it;

• (b) he shall notify the applicant in writing accordingly; and

• (c) unless within five working days of receipt of notification under head (b) the applicant notifies him in writing that he objects to the correction, the application shall be amended accordingly.

Response to application

3

• (1) The Secretary must send the information provided by the applicant under paragraph 1 to the respondent together with a request that he respond to the application within 20 working days of receiving it.

• (2) If the respondent fails to respond as requested, he shall not be entitled to take any further part in the proceedings.

• (3) The response must –

• (a) acknowledge that the respondent has received a copy of the application;

• (b) indicate whether or not he opposes it, and if he does, why; and

• (c) provide the following information and documents –

• (i) the name, address and profession of the person (if any) representing the respondent and whether the Secretary should send documents concerning the appeal to the representative rather than to the respondent;

• (ii) a copy of the decision which is the subject of the appeal and the reasons for the decision; and

• (iii) a copy of the relevant entry in the register.

• (4) The Secretary must without delay send to the applicant a copy of the response and the information and documents provided with it.

Misconceived appeals etc.

4

• (1) The Chairman may at any time strike out the appeal on the grounds that –

• (a) it is made otherwise than in accordance with paragraph 1;

• (b) it is outside the jurisdiction of the Care Tribunal or is otherwise misconceived; or

• (c) it is frivolous or vexatious.

• (2) Before striking out an appeal under this paragraph, the Chairman must –

• (a) invite the parties to make representations on the matter within such period as he may direct;

• (b) if within the period specified in the direction the applicant so requests in writing, afford the parties an opportunity to make oral representations; and

• (c) consider any representations the parties may make.

• (3) Where the Chairman strikes out an appeal made under paragraph (1), regulation 25 (costs) shall apply as if the references to “the Care Tribunal” were instead references to “the Chairman”.

• (4) Where, under paragraph (1), the Chairman has made a determination to strike out an appeal (“the determination”), the applicant may apply to the Chairman, for the determination to be set aside.

• (5) An application under paragraph (4) must –

• (a) be made not later than 10 working days after the date upon which notice of determination was sent to the applicant; and

• (b) must be in writing stating the grounds in full.

• (6) In the case of an application under paragraph (4), the Chairman, may, if he considers that it is appropriate to do so, set aside the determination (including, where applicable, a costs order made pursuant to paragraph (3)), and may give such directions in exercise of his powers under Part IV of these Regulations as he considers appropriate.

• (7) Before setting aside the determination, the Chairman may invite the parties to make representations on the matter within such period as he may direct.

• (8) Where the determination is set aside, the Secretary shall alter the relevant entry in the records.

Further information to be sent by the applicant and the respondent

5

• (1) As soon as the respondent has provided the information set out in paragraph 3, the Secretary must write to each party requesting that he send to the Care Tribunal, within 15 working days after the date on which he receives the Secretary’s letter, the following information –

• (a) the name of any witness whose evidence the party wishes the Care Tribunal to consider (and whether the party may wish the Care Tribunal to consider additional witness evidence from a witness whose name is not yet known) and the nature of that evidence;

• (b) whether the party wishes the Chairman to give any directions or exercise any of his powers under Part IV of these Regulations;

• (c) whether the party wishes there to be a preliminary hearing with regard to directions;

• (d) a provisional estimate of the time the party considers will be required to present his case;

• (e) the earliest date by which the party considers he would be able to prepare his case for hearing; and

• (f) in the case of the applicant, whether he wishes his appeal to be determined without a hearing.

• (2) Once the Secretary has received the information referred to in sub-paragraph (1) from both parties, he must without delay send a copy of the information supplied by the applicant to the respondent and that supplied by the respondent to the applicant.

Changes to further information supplied to the Care Tribunal

6

• (1) Either party, within 5 working days of receiving the further information in respect of the other party from the Secretary, may ask the Secretary in writing to amend or add to any of the information given under paragraph 5(1).

• (2) If the Secretary receives any further information under sub-paragraph (1) from either party he must, without delay, send a copy of it to the other party.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 21st March 2005.

James F. Livingstone — A senior officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations)

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.

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

Part II makes provision as to the constitution of the Care Tribunal, in respect of the powers and functions which may be exercised by the Chairman (regulation 2) and Secretary and the requirements for membership of the lay panel (regulation 3).

Part III refers, for each type of appeal, determination and application for leave to the relevant Schedule to the Regulations which sets out the procedural steps to be followed by the parties (regulation 4).

Part IV makes provision about case management. These provisions deal with the appointment of the Tribunal (regulation 5), the giving of directions (regulation 6), the fixing and notification of the appeal hearing (regulation 7), appeals against secondary listing under the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (regulation 8), multiple appeals where the Chairman can direct that certain appeals are heard together (regulation 9) and further directions (regulation 10). Regulation 11 provides for the Tribunal to be able to make unless orders, whilst provision is made for copies of documents (regulation 12), disclosure of information and documents including the power to order persons who are not parties to the appeal to disclose documents to the Tribunal (regulation 13), the appointment of expert witnesses by the Tribunal (regulation 14), evidence of witnesses (regulation 15), withholding medical reports from disclosure in exceptional circumstances (regulation 16), the summoning of witnesses (regulation 17), the procedure for child and vulnerable adult witnesses (regulation 18), restricted reporting orders (regulation 19) and exclusion of the press or public from the appeal hearing (regulation 20).

Part V makes provision for the procedure at the hearing. Regulation 21 provides for the procedure at the hearing which is decided by the Care Tribunal in any particular case. Regulation 22 provides that the hearing must be in public subject to limited exceptions. Regulation 23 provides for the manner in which evidence is given at the hearing.

Part VI makes provision about the way in which decisions are given and communicated to the parties to the appeal (regulation 24), the award of costs (regulation 25), the right of the appellant to ask the Care Tribunal to review its own decision (regulation 26), the powers of the Tribunal on review (regulation 27) and the publication of the decision (regulation 28).

Part VII deals with supplementary matters. Regulation 28 provides for the method of sending documents, regulation 29 provides for dealing with any irregularities, regulation 30 makes provision for cases where the applications are made on behalf of a person under a disability, regulation 31 provides for cases where the applicant dies, regulation 32 provides for the amendment of the reasons for an appeal or application for leave or response to the appeal or application, regulation 33 provides for withdrawal of proceedings or opposition to proceedings, regulation 34 makes provision for the proof of documents and certification of decisions and regulation 35 provides for extending time limits in the Regulations.

Part VIII deals with revocation of the Care Tribunal Rules (Northern Ireland) 2003 and makes provision in respect of things done under those Regulations (regulation 37).

There are 6 Schedules to the Regulations which make provision in respect of the procedure to be followed on appeals, determinations and applications for leave (where they are required). The Schedules make provisions about the documents which the applicant must send to the Care Tribunal in order to initiate an appeal, the procedure for the Secretary to follow when an appeal is made, and information which the respondent must send to the Care Tribunal and further information to be supplied to the Care Tribunal by both parties to enable the Care Tribunal to give directions.

Schedule 1 deals with appeals under Part III of the Order.

Schedule 2 deals with appeals under Articles 78A and 94A of the Children (Northern Ireland) Order 1995.

Schedule 3 deals with appeals and applications for leave to appeal 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 review of prohibition on restriction under the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 and the Education and Libraries Order (Northern Ireland) 1986.

Schedule 4 makes provision for applications for review and applications for leave to review disqualification from working with children under Articles 27 and 28 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003.

Schedule 5 provides for appeals and applications for leave under Article 42 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003.

Schedule 6 provides for appeals under Section 15 of the Health and Personal Social Services Act (Northern Ireland) 2001 against a decision of the Council in respect of registration under Part I of that Act.

Footnotes

[^f00004]: S.I. 1986/594 (N.I. 3)

[^f00005]: 2001 chapter 3

[^f00006]: 1991 No. 194 (N.I. 1)

[^f00007]: 1997 No. 1772 (N.I. 15)

[^f00008]: 1996 c. 55

[^f00009]: 1971 c. 80

[^f00010]: S.I. 1992/3204 (N.I. 20) (revoked by S.I. 2003 No. 43 (N.I. 9)

Editorial notes

[^key-e6c631b03ec15b09c6ee853f7cbf077e]: Reg. 1 in operation at 1.4.2005, see reg. 1(1)

[^key-0567c256c25cd5bdd8c6249f85798aba]: Reg. 2 in operation at 1.4.2005, see reg. 1(1)

[^key-a31e13708df3490039d99b07413df236]: Reg. 3 in operation at 1.4.2005, see reg. 1(1)

[^key-10c3aa211775d71b4f149cba479ba6b5]: Reg. 4 in operation at 1.4.2005, see reg. 1(1)

[^key-48256aada0b842fd27f1a0146444a805]: Reg. 5 in operation at 1.4.2005, see reg. 1(1)

[^key-9ac013c81a55cf55f2a1b6c15348320d]: Reg. 6 in operation at 1.4.2005, see reg. 1(1)

[^key-c0ea13b4c785b4855384e9dd096ad0b1]: Reg. 7 in operation at 1.4.2005, see reg. 1(1)

[^key-53301b53a97797491e12f1e6dadd8061]: Reg. 8 in operation at 1.4.2005, see reg. 1(1)

[^key-487a39f73cb3418dc4275adad1c6d864]: Reg. 9 in operation at 1.4.2005, see reg. 1(1)

[^key-5a9bd8b882f3d183fafe4acf97d935ba]: Reg. 10 in operation at 1.4.2005, see reg. 1(1)

[^key-d25f847b1e4b08ace6b5b48592dab2c6]: Reg. 11 in operation at 1.4.2005, see reg. 1(1)

[^key-869b08a266f83a9548f0d4921d8fe96b]: Reg. 12 in operation at 1.4.2005, see reg. 1(1)

[^key-db1e9a17c6d5de7c8bb8bcb085d28dd2]: Reg. 13 in operation at 1.4.2005, see reg. 1(1)

[^key-950843285ef5bcc1ded114d6fc13c943]: Reg. 14 in operation at 1.4.2005, see reg. 1(1)

[^key-cc032af4ee93d72a888f38eaac66bc37]: Reg. 15 in operation at 1.4.2005, see reg. 1(1)

[^key-fc3eb564d67e13bd892d423432d3f425]: Reg. 16 in operation at 1.4.2005, see reg. 1(1)

[^key-9ca15d9e3d91a49be0237866b3dcdb1d]: Reg. 17 in operation at 1.4.2005, see reg. 1(1)

[^key-e0dd134e1309961a1ef87ad2169154e7]: Reg. 18 in operation at 1.4.2005, see reg. 1(1)

[^key-dd657d627706b24069d568dfd4897dae]: Reg. 19 in operation at 1.4.2005, see reg. 1(1)

[^key-71f59b483f7473b13efe4f4495119bfb]: Reg. 20 in operation at 1.4.2005, see reg. 1(1)

[^key-684d087abcdd429843ae2efee73f566f]: Reg. 21 in operation at 1.4.2005, see reg. 1(1)

[^key-7f32f3a6572218edff9696bd690cfc68]: Reg. 22 in operation at 1.4.2005, see reg. 1(1)

[^key-592f9c56e04c7790081146ca23f465bd]: Reg. 23 in operation at 1.4.2005, see reg. 1(1)

[^key-b23b70526bc1dbda641455965394989f]: Reg. 24 in operation at 1.4.2005, see reg. 1(1)

[^key-3614303458a2e992c4eeb95a09f500e1]: Reg. 25 in operation at 1.4.2005, see reg. 1(1)

[^key-c44b5879134ecebcb7e5cea23a25c80a]: Reg. 26 in operation at 1.4.2005, see reg. 1(1)

[^key-a26054db83a658f5012ff50c807e47b7]: Reg. 27 in operation at 1.4.2005, see reg. 1(1)

[^key-a79c80a0ea98c09d0209918934c25fea]: Reg. 28 in operation at 1.4.2005, see reg. 1(1)

[^key-517a148550519281d31e4f20ce938280]: Reg. 29 in operation at 1.4.2005, see reg. 1(1)

[^key-64eb415c274a59a847f4863b1b38e2e7]: Reg. 30 in operation at 1.4.2005, see reg. 1(1)

[^key-0aa052f2e2fe3523c7ad2ef1aff27679]: Reg. 31 in operation at 1.4.2005, see reg. 1(1)

[^key-92217b87ebbfc4681344b9b54cceaa5a]: Reg. 32 in operation at 1.4.2005, see reg. 1(1)

[^key-7f7d6bdd8f0de36aea00a6276d65e652]: Reg. 33 in operation at 1.4.2005, see reg. 1(1)

[^key-b180ac32a7df0952dc2b730c4b41feaf]: Reg. 34 in operation at 1.4.2005, see reg. 1(1)

[^key-a569056d643123461d6313ce82fc9a28]: Reg. 35 in operation at 1.4.2005, see reg. 1(1)

[^key-717e18c37656955edf27c03930b4aa14]: Reg. 36 in operation at 1.4.2005, see reg. 1(1)

[^key-e5e23afbe9519879c5fa6c60d231b04b]: Reg. 37 in operation at 1.4.2005, see reg. 1(1)

[^key-f6548409cbb4720d725a5c5fbb06da68]: Sch. 1 para. 1 in operation at 1.4.2005, see reg. 1(1)

[^key-b9ea9caf739d07e2ad895f3190d19bc9]: Sch. 1 para. 2 in operation at 1.4.2005, see reg. 1(1)

[^key-276706b8b6073dc4c128c1ff0ee55a13]: Sch. 1 para. 3 in operation at 1.4.2005, see reg. 1(1)

[^key-d3db8076492866ac73329e4a624bf225]: Sch. 1 para. 4 in operation at 1.4.2005, see reg. 1(1)

[^key-dc1725cc18058e20577c71135b82caad]: Sch. 1 para. 5 in operation at 1.4.2005, see reg. 1(1)

[^key-61df0bb5f85d040ef3cdbde26dbe06e1]: Sch. 1 para. 6 in operation at 1.4.2005, see reg. 1(1)

[^key-903f065204b64cb0ea1b1ec155f81852]: Sch. 2 para. 1 in operation at 1.4.2005, see reg. 1(1)

[^key-0b6a88fe0c65acc42404918f1271b83c]: Sch. 2 para. 2 in operation at 1.4.2005, see reg. 1(1)

[^key-b5ddc60edab5dbf51d3d9f4c7510895f]: Sch. 2 para. 3 in operation at 1.4.2005, see reg. 1(1)

[^key-f86ba5766560b951dfbc26161df4bb00]: Sch. 2 para. 4 in operation at 1.4.2005, see reg. 1(1)

[^key-e7d2b975e7a7b5bc069fcdff91a20ac8]: Sch. 2 para. 5 in operation at 1.4.2005, see reg. 1(1)

[^key-464763d8010f161d31048ebc39211c78]: Sch. 2 para. 6 in operation at 1.4.2005, see reg. 1(1)

[^key-c041fa8e77db190518d80301ea53039d]: Sch. 3 para. 1 in operation at 1.4.2005, see reg. 1(1)

[^key-2b979382e8fcab7fa0abe7890d138a67]: Sch. 3 para. 2 in operation at 1.4.2005, see reg. 1(1)

[^key-7ec9e61478b544b5a89522edd469ff3a]: Sch. 3 para. 3 in operation at 1.4.2005, see reg. 1(1)

[^key-e788b400215429090866df85092b52c3]: Sch. 3 para. 4 in operation at 1.4.2005, see reg. 1(1)

[^key-f9fe79768dc61a8b39ce2372d1c6db06]: Sch. 3 para. 5 in operation at 1.4.2005, see reg. 1(1)

[^key-62bafe08973c9e23a1f3c6724c0bce80]: Sch. 3 para. 6 in operation at 1.4.2005, see reg. 1(1)

[^key-3a92405dff86a1b19e9e32d84c8f06c1]: Sch. 3 para. 7 in operation at 1.4.2005, see reg. 1(1)

[^key-6bf926ae4ff4fd40e67cf5a5727306cf]: Sch. 3 para. 8 in operation at 1.4.2005, see reg. 1(1)

[^key-70d9e63c5ea6ca918d9db46f4ca20594]: Sch. 3 para. 9 in operation at 1.4.2005, see reg. 1(1)

[^key-0db72e7dec7c334ac0c5626169175133]: Sch. 5 para. 1 in operation at 1.4.2005, see reg. 1(1)

[^key-49c88bdfd6ad000620d397c1a8939a95]: Sch. 5 para. 2 in operation at 1.4.2005, see reg. 1(1)

[^key-9cb1772720a70e53e3656d4f87648220]: Sch. 5 para. 3 in operation at 1.4.2005, see reg. 1(1)

[^key-e08f85db7ec7d6660f22a47bc54dd302]: Sch. 5 para. 4 in operation at 1.4.2005, see reg. 1(1)

[^key-01b4901004b6a6dbb6164eb3a6da15f4]: Sch. 5 para. 5 in operation at 1.4.2005, see reg. 1(1)

[^key-189ef4f2b1be6b5069a71e42a2d8ed1c]: Sch. 5 para. 6 in operation at 1.4.2005, see reg. 1(1)

[^key-98a9d25969502a39017a582e9906d9ab]: Sch. 5 para. 7 in operation at 1.4.2005, see reg. 1(1)

[^key-91d4e47e248ccc1af15d5c5133e23baf]: Sch. 5 para. 8 in operation at 1.4.2005, see reg. 1(1)

[^key-a5dfb99aa5d009dd085d1e8a0a37bc3b]: Sch. 5 para. 9 in operation at 1.4.2005, see reg. 1(1)

[^key-34c10c52490e1002077e803bde4cca9a]: Sch. 6 para. 1 in operation at 1.4.2005, see reg. 1(1)

[^key-f3911872afe6edcdcedbbe4991fdd8b3]: Sch. 6 para. 2 in operation at 1.4.2005, see reg. 1(1)

[^key-9ffe56fb4f093dbc5bd3cad0f439b297]: Sch. 6 para. 3 in operation at 1.4.2005, see reg. 1(1)

[^key-94c6e2431cb7d24b9eaa883b5469292c]: Sch. 6 para. 4 in operation at 1.4.2005, see reg. 1(1)

[^key-f88c86bb54b5a8c11d2346fc5526482f]: Sch. 6 para. 5 in operation at 1.4.2005, see reg. 1(1)

[^key-3d47c7cd09f14dc7a7b5a3b4612fa02e]: Sch. 6 para. 6 in operation at 1.4.2005, see reg. 1(1)

[^key-641580644dcc3cabc84d00c3bddc50ea]: Sch. 4 repealed (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(15)

[^key-c816dde25fba475f55860bd2c51cdc8e]: Words in reg. 1(2)(b) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(2)(a)

[^key-a955ede326ca9eeddf6fb6129340c38a]: Words in reg. 1(2) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(2)(b)

[^key-cc1fcb7fac0766de07e08a2b08976e91]: Words in reg. 2(1) omitted (29.9.2006) by virtue of The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(3)(a)

[^key-d17527724009fc8ec665d932b3d23c91]: Reg. 2(2) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(3)(b)

[^key-8555d3b8090dd068fc4a8fc5b6110fe4]: Word in reg. 3(2)(a)(i) added (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(4)(a)

[^key-7295a52bb136818014ac089408f2cb9b]: Word in reg. 3(2)(a)(ii) added (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(4)(b)

[^key-ead29422c76c56e205cb8d3ece4e2c96]: Word in reg. 3(5)(f) added (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(5)

[^key-4538abd8c6a4cdb645b5dd18248cd73d]: Reg. 4(4) repealed (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(6)

[^key-a375999dde8445e2f53707184b51bd93]: Words in reg. 6(5) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(7)

[^key-5394de19cb61677e1b7dc07b36b226a8]: Words in reg. 7(1) added (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(8)

[^key-fb8889bfe3479dc8caf99c85949cfc13]: Words in reg. 13(1)(a) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(9)(a)

[^key-62f914ebc49cd3c2883821baea6ebc84]: Reg. 13(2)(a) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(9)(b)

[^key-60b491aaef6d907251c036c9c0760d3a]: Reg. 23(6) repealed (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(10)

[^key-9c0a15d8bb259f8c693fb8418e64d7ee]: Reg. 33(3) repealed (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(11)

[^key-19e7286cd135423be2ce444651bb26dc]: Words in reg. 34(1) deleted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(12)(a)

[^key-bacd093191e995ffe7ee3e62f6853e3c]: Reg. 34(3) added (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(12)(b)

[^key-2f4827b638b38c190c7af5d3961d4546]: Words in Sch. 1 para. 3(3)(c)(ii) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(13)

[^key-d1ca6e15056e95dc0b6810862125186a]: Words in Sch. 3 para. 4(3)(c)(iii) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(14)

[^key-ba14422173a436253163de9e9432992a]: Sch. 7 inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(10)

[^key-7def606c5daa921201c011e1093f4c11]: Words in reg. 1(2) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(2)(a)

[^key-7594a3faf4e5c50a78aff7710ca6c73d]: Words in reg. 1(2) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(2)(b)

[^key-d66c0fc575d4c841978221ae00240ca0]: Words in reg. 1(2) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(2)(c)

[^key-a1be1f2eb6e1f8a22cc6dd3cfc65d57b]: Reg. 1(2)(i) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(2)(d)

[^key-276a4b2338460775a5ca94becdfdbb22]: Word in reg. 1(2) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(2)(e)

[^key-19f6b97a351c7caabce0c0d4aba32b16]: Reg. 1(2)(g) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(2)(f)

[^key-8b9e1d31b5f08a1e88bf076ab93b5114]: Words in reg. 1(2) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(2)(g)

[^key-a7708ffa8ea283caf327778ddccc3007]: Words in reg. 1(2) substituted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(2)(h)

[^key-a43e55c3ef07271d147590101abe4fb7]: Reg. 4(7) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(3)

[^key-26fcbbab4020a71f9c4d561696b52562]: Words in reg. 6(1) inserted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(4)

[^key-1505956699ee6f527dfe1c6183e7cc8c]: Words in reg. 18 substituted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(5)

[^key-a550b622306349e6c42b6b6b2a934128]: Words in reg. 18 added (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(5)

[^key-e73a7633060286464773d85ea3311ddd]: Word in reg. 18(6) added (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(6)

[^key-25c413639cd1fe9bc71a56a8779c5eb9]: Words in reg. 26(5)(a) substituted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(7)

[^key-46009fc9f95aabdef036c00781a34e56]: Words in reg. 29(1)(2) substituted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(8)

[^key-62d2e188599ac0d9a6193cd81eb81e16]: Words in reg. 34(1)(2) substituted (21.7.2008) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/249), regs. 1, 2(9)

[^key-6bd571c0235f6bb2e81bbe44033f4e25]: Reg. 1(2)(j) added (13.3.2009) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/42), regs. 1, 2(2)

[^key-631017472496b761054b93743b851e5b]: Reg. 4(7)(d)-(f) inserted (13.3.2009) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/42), regs. 1, 2(3)

[^key-80c1e11325796eb134e74aa665bdec43]: Sch. 7 para. 1(1)(d)-(f) inserted (13.3.2009) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/42), regs. 1, 2(4)

[^key-a1358e35bd6ef7928267e460ba1cd057]: Sch. 7 para. 1(3)(b) substituted (13.3.2009) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/42), regs. 1, 2(5)

[^key-162a00b22f1955239505a80a2da91c53]: Words in Regulation substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(b) (with Sch. para. 1(2))

[^key-3e77a6aea51725446e0f6f208b19c070]: Sch. 6 para. 1(1) substituted (1.8.2016) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/274), regs. 1, 2(2)

[^key-de6871e35544161fe2c33217bab59db1]: Word in Sch. 6 para. 1(4)(e)(iv) omitted (1.8.2016) by virtue of The Care Tribunal (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/274), regs. 1, 2(3)

[^key-3fbab55cdbc08fac17ee27311271599d]: Sch. 6 para. 1(4)(e)(vi)-(x) inserted (1.8.2016) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/274), regs. 1, 2(4)

SCHEDULE7 — APPLICATIONS FOR LEAVE TO APPEAL UNDER ARTICLE 8(4) OF THE SAFEGUARDING VULNERABLE GROUPS (NORTHERN IRELAND) ORDER 2007

Applying for leave to appeal

1

• (1) An application to the Care Tribunal under Article 8(4) of the 2007 Order against a decision—

• (a) not to remove the applicant from the children’s barred list in a case to which Article 3(6) of the 2008 Order applies;

• (b) not to remove the applicant from the adults’ barred list in a case to which Article 5(6) of the 2008 Order applies; or

• (c) under Article 8(1)(b) of the 2007 Order, to include the applicant in the children’s barred list pursuant to Article 4(2) of the 2008 Order,

• (d) not to remove the applicant from—

• (i) the children’s barred list, in a case to which paragraph 2 of Schedule 1 to the 2007 Order applies; or

• (ii) the adults’ barred list, in a case to which paragraph 8 of that Schedule applies;

• (e) to include the applicant in—

• (i) the children’s barred list, in a case to which paragraph 3 or 5 of that Schedule applies; or

• (ii) the adults’ barred list, in a case to which paragraph 9 or 11 of that Schedule applies;

• (f) not to remove the applicant from—

• (i) the children’s barred list, in a case to which paragraph 17 or 18 of that Schedule applies; or

• (ii) the adults’ barred list, in a case to which paragraph 17 or 18 of that Schedule applies,

must be made in writing to the Secretary and must be received by the Secretary no later than the first working day after the expiry of three months from the date of the letter informing the applicant of that decision.

• (2) An application under this paragraph may be made on the application form available from the Secretary.

• (3) An application under this paragraph must—

• (a) give the applicant’s name, date of birth and full postal address;

• (b) give sufficient information to make it clear whether the application falls within sub-paragraph (1)(a), (b), (c), (d)(i) or (ii), (e)(i) or (ii) or (f)(i) or (ii);

• (c) indicate the grounds upon which the applicant wishes to appeal;

• (d) give details of any new evidence since the decision was made which might lead the Care Tribunal to a different decision;

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

• (f) give an address within the United Kingdom to which the Secretary should send documents concerning the appeal and application for leave;

• (g) give, where these are available, the applicant’s telephone number, fax number and e-mail address and those of the applicant’s representative (if any); and

• (h) be signed and dated by the applicant.

Acknowledgement and notification of application

2

• (1) On receiving an application under paragraph 1, the Secretary shall—

• (a) immediately send an acknowledgement of its receipt to the applicant; and

• (b) subject to the following provisions of this paragraph, enter particulars of the application and the date of its receipt in the records.

• (2) If the Chairman is of the opinion that the applicant is asking the Care Tribunal to do something which it cannot do, he may notify the applicant in writing—

• (a) of the reasons for his opinion; and

• (b) that the application will not be entered in the records unless within 5 working days the applicant notifies the Chairman in writing that he wishes to proceed with it.

• (3) If in the Secretary’s opinion there is an obvious error in the application—

• (a) he may correct it;

• (b) he shall notify the applicant accordingly; and

• (c) unless within 5 working days of receipt of the notification under sub-paragrah (3) (b) of this sub-paragraph the applicant notifies the Secretary in writing that he objects to the correction, the application shall be amended accordingly.

Response to application

3

• (1) The Secretary must send information provided by the applicant under paragraph 1 to the respondent together with a request that it respond to the application within 20 working days of receiving it.

• (2) If the respondent fails to respond as requested, it shall not be entitled to take any further part in the proceedings.

• (3) The response must—

• (a) indicate whether or not the respondent opposes the application for leave to appeal, and if it does, why; and

• (b) provide the following information and documents—

• (i) the name, address and profession of the person (if any) representing the respondent and whether the Secretary should send documents concerning the application to the representative rather than to the respondent;

• (ii) a copy of the letter informing the applicant of the decision which is the subject of the application for leave and appeal;

• (iii) copies of any observations submitted by the applicant in relation to the decision; and

• (iv) copies of any evidence, including expert evidence, relied on by the respondent in making the decision.

• (4) The Secretary must send to the applicant a copy of the response and the information and documents provided with it (subject, in the case of any material provided in accordance with sub-paragraph (3)(b)(iv), to any direction of the Chairman under regulation 6).

Grant or refusal of leave

4

• (1) The Chairman shall grant or refuse an application for leave to appeal under paragraph 1 without a hearing, as he sees fit.

• (2) Subject to paragraph 5, if the Chairman refuses leave the application shall be dismissed.

• (3) The Secretary must, without delay, notify the parties in writing of the Chairman’s decision, and if he has refused leave—

• (a) must notify them of his reasons for doing so; and

• (b) must inform the applicant of his right to request a reconsideration of the decision under paragraph 5.

Reconsideration of refusal to grant leave to appeal

5

• (1) Where, pursuant to paragraph 4, the Chairman has refused leave to appeal, the applicant may apply to the Chairman requesting a reconsideration of that decision.

• (2) An application under this paragraph must be received by the Secretary within 10 working days after receipt of a notice under paragraph 4(3), and must be in writing.

• (3) Upon receipt of such an application, the Chairman must reconsider the decision to refuse leave.

• (4) If, in his application under sub-paragraph (1), the applicant has asked to make representations about leave at a hearing, the Secretary must fix a hearing for those representations to be heard.

• (5) The Secretary must notify the respondent of any hearing fixed for the purpose of considering whether to grant leave, and the applicant and the respondent may appear or be represented by any person at that hearing.

• (6) If the Chairman again refuses leave after reconsideration—

• (a) he must give his reasons for doing so in writing; and

• (b) the Secretary must send to the parties a copy of the Chairman’s decision together with his reasons for refusing leave.