- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
8.—(1) An individual who is included in a barred list may appeal to the Care Tribunal against—
(a)a decision under paragraph 2 or 8 of Schedule 1 not to remove him from the list;
(b)a decision under paragraph 3, 5, 9 or 11 of that Schedule to include him in the list;
(c)a decision under paragraph 17 or 18 of that Schedule not to remove him from the list.
(2) An appeal under paragraph (1) may be made only on the grounds that IBB has made a mistake—
(a)on any point of law;
(b)in any finding of fact which it has made and on which the decision mentioned in that paragraph was based.
(3) For the purposes of paragraph (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
(4) An appeal under paragraph (1) may be made only with the leave of the Care Tribunal.
(5) Unless the Care Tribunal finds that IBB has made a mistake of law or fact, it must confirm the decision of IBB.
(6) If the Care Tribunal finds that IBB has made such a mistake it must—
(a)direct IBB to remove the person from the list, or
(b)remit the matter to IBB for a new decision.
(7) If the Care Tribunal remits a matter to IBB under paragraph (6)(b)—
(a)the Care Tribunal may set out any findings of fact which it has made (on which IBB must base its new decision); and
(b)the person must be removed from the list until IBB makes its new decision, unless the Care Tribunal directs otherwise.
(8) In this Article “the Care Tribunal” means the Tribunal established under Article 44 of the 2003 Order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: