in subsection (2), for the words from “on an appeal” to the end there shall be substituted—

“(a)

on an appeal or determination under section 4 above;

(b)

on an appeal under regulations made under section 6 above;

(c)

on an appeal under section 65A of the M1Children Act 1989 or under, or by virtue of, Part XA of that Act; or

(d)

on an appeal or determination under section 21, 68, 86, 87 or 88 of the Care Standards Act 2000;”;

after subsection (3), there shall be inserted—

“(3A)

The regulations may also include provision for enabling the Tribunal to make investigations for the purposes of a determination under section 87 or 88 of the Care Standards Act 2000; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations.

(3B)

Regulations under this section may make different provision for different cases or classes of case.

(3C)

Before making in regulations under this section provision such as is mentioned in subsection (2)(c) or (d) above, the Secretary of State shall consult the National Assembly for Wales.”