The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2004

Amendment of the Tribunal Regulations

3.  After regulation 4 (procedure for appeals, determinations and applications for leave), insert—

“Misconceived appeals or applications etc.

4A.— (1) The President or the nominated chairman may at any time strike out an appeal or application for leave mentioned in regulation 4 on the grounds that—

(a) it is made otherwise than in accordance with the provision in these Regulations for—

(i) initiating that appeal; or

(ii) applying for leave;

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

(c) it is frivolous or vexatious.

(2) Before striking out an appeal or application for leave under this paragraph, the President or the nominated 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 President or the nominated chairman strikes out an appeal or an application for leave under paragraph (1), regulation 24 (costs) shall apply as if the references to “the Tribunal” were instead references to “the President or the nominated chairman”.

(4) Where, under paragraph (1), the President or the nominated chairman has made a determination to strike out an appeal or application for leave (“the determination”), the applicant may apply to the President, or to that nominated 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 on which notice of the 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 President, or the nominated 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 President or the nominated 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.”.