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

Amendment of Schedule 2 to the Tribunal Regulations

10.—(1) Schedule 2 to the Tribunal Regulations (appeal under section 79M(1) of the 1989 Act against a decision of the registration authority or an order of a justice of the peace) is amended in accordance with the following provisions of this regulation.

(2) In paragraph 1 (initiating an appeal)—

(a) for sub-paragraph (1), substitute—

“(1) A person who wishes to appeal to the Tribunal under section 79M of the 1989 Act against—

(a) the taking of any step mentioned in section 79L(1) of that Act(2);

(b) an order under section 79K of that Act(3); or

(c) a determination in relation to the disqualification of a person for registration for child minding or providing day care under paragraph 4 of Schedule 9A to that Act(4),

must do so by application in writing to the Secretary.”;

(b) in sub-paragraph (4)(e), for sub-paragraph (i), substitute—

“(i) whether the appeal is against—

(aa) the refusal or cancellation of registration;

(bb) the imposition, removal or variation of any condition of registration;

(cc) the refusal to remove or vary any such condition; or

(dd) a determination in relation to disqualification from registration.”.

(3) In paragraph 3(3)(c) (response to application)—

(a) at the end of head (ii), the word “or” is omitted; and

(b) at the end, add the following—

“or

(iv) where an appeal is against a determination in relation to disqualification from registration, a copy of the written notice of the determination and the reasons for it.”.

(4) Paragraph 4 (misconceived appeals etc.) is omitted.

(1)

Section 79M was amended by paragraph 3 of Schedule 13 to the Education Act 2002 (c. 32) to include a right of appeal against a prescribed determination made by the registration authority under Part XA of the 1989 Act (see: section 79M(1)(c)).

(2)

Section 79L of the 1989 Act was inserted by section 79 of the 2000 Act.

(3)

Section 79K of the 1989 Act was inserted by section 79 of the 2000 Act.

(4)

Schedule 9A to the 1989 Act was inserted by section 79B of, and Schedule 3 to, the 2000 Act.