The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

Power to settle appeals by agreement E+W

43.—(1) This regulation applies if—

(a) a person has a right of appeal to the First-tier Tribunal (see regulation 39),

(b) the person starts proceedings in the Tribunal (by sending or delivering a notice of appeal to it), and

(c) the Tribunal has not finally disposed of all issues in the proceedings.

(2) The Commissioners may agree with the appellant, in writing or otherwise, that the Commissioners’ decision, determination or penalty or its amount (as the case may be) is to be treated as—

(a) upheld without variation,

(b) as varied in a particular manner, or

(c) as discharged or cancelled.

(3) If the agreement is not in writing, the Commissioners must notify the appellant in writing of—

(a) the fact that an agreement was made,

(b) the terms agreed,

(c) the date of the agreement, and

(d) the appellant’s right under paragraph (4) to repudiate or resile from the agreement.

(4) The appellant may, within 30 days of the day on which the agreement is made, give notice to the Commissioners that the appellant desires to repudiate or resile from the agreement.

(5) If the notice mentioned in paragraph (4) is not given—

(a) the Commissioners must send notice of the agreement to the First-tier Tribunal, and

(b) the Tribunal must treat the notice as if it were a request for a consent order.

(6) In this regulation—

“appellant” means the person mentioned in paragraph (1);

“consent order” means a consent order made by the First-tier Tribunal under rule 32 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008(1);

Commencement Information

I1 Reg. 43 in force at 1.12.2022, see reg. 1(b)

(1)

S.I. 2008/2685, amended by S.I. 2009/274, 1975, 2010/43, 2653, 2011/651, 2012/500, 2007, 2785, 2013/477, 2067, 2014/514, 2128, 2015/1510, 2018/1053 and 2020/651.