Textual Amendments
F1Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
49E+W+SThe following are relevant enactments for the purposes of this Part of this Schedule—
(a)the M1Nursing Homes Act 1975;
(b)the M2Child Care Act 1980;
(c)the M3Children’s Homes Act 1982; and
(d)Part I of this Schedule.
50(1)For the purpose of enabling a tribunal to hear an appeal under a relevant enactment to be constituted as occasion may require there shall be—E+W+S
(a)a panel appointed by the Lord Chancellor (in this Part of this Schedule referred to as “the legal panel”) of persons available to act as chairmen of any such tribunals; and
(b)a panel appointed by the Lord President of the Council (in this Part of this Schedule referred to as “the panel of experts”) of persons available to act as members.
(2)Tribunals constituted under this Part of this Schedule are to be known as Registered Homes Tribunals.
(3)No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable.
(4)No person shall be qualified to be appointed to the panel of experts unless he has had experience in social work, medicine, nursing or midwifery or such other experience as the Lord President of the Council considers suitable.
(5)No officer of a government department may be apointed to either panel.
(6)A person appointed to a panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the person appointing him.
51(1)A Registered Homes Tribunal shall consist of a chairman and two other members.E+W+S
(2)The chairman shall be a member of the legal panel appointed to the tribunal by the Lord Chancellor.
(3)The other two members shall be members of the panel of experts appointed to the tribunal by the Lord President of the Council.
52(1)A Registered Homes Tribunal to hear an appeal relating solely to registration under the M4Nursing Homes Act 1975 shall include a registered medical practitioner.E+W+S
(2)Such a tribunal shall also include—
(a)if the appeal relates to registration of a maternity home, a qualified midwife; and
(b)in any other case, a qualified nurse.
(3)A tribunal which is constituted to hear both an appeal relating to registration under the Nursing Homes Act 1975 and an appeal relating toregistration under Part I of this Schedule shall include a person selected in accordance with supparagraph (2) above.
(4)In this Part of this Schedule—
“nursing home” and “maternity home” have the meanings assigned to them by section 1 of the M5Nursing Homes Act 1975;
“mental nursing home” has the meaning assigned to it by section 2 of that Act;
“qualified midwife” means a person who is for the time being certified under the M6Midwives Act 1951 or registered under the M7Nurses, Midwives and Health Visitors Act 1979; and
“qualified nurse” means—
(a)a person who is for the time being registered under section 2(1) ofthe M8Nurses Act 1957; or
(b)a person who—
(i)is for the time being registered under the Nurses, Midwives and Health Visitors Act 1979; and
(ii)would have been qualified to be registered under section 2(1) of the Nurses Act 1957.
53(1)The Secretary of State may by statutory instrument make rules as to the practice and procedure to be followed with respect to theconstitution of Registered Homes Tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings ; and without prejudice to the generality of this paragraph such rules may make provision—E+W+S
(a)requiring particulars to be supplied of matters relevant to thedetermination of an appeal;
(b)enabling two or more appeals to be heard together; and
(c)as to representation before a tribunal, by counsel or a solicitor or otherwise.
(2)Rules under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
54E+W+SThe M9Arbitration Act 1950 shall not apply to any proceedings before Registered Homes Tribunals except so far as any provision of that Act may be applied to such tribunals with or without modifications by rules made under paragraph 53 above.
Marginal Citations
55E+W+SThe Secretary of State shall assign such staff as may from time to time be required for Registered Homes Tribunals.
56E+W+SThe Secretary of State may—
(a)pay to members of Registered Homes Tribunals such fees and allowances as he may, with the consent of the Treasury, determine; and
(b)defray the expenses of such tribunals up to such amount as he may with the like consent determine.]