Safeguarding Vulnerable Groups Act 2006

4 Appeals E+W

(1) An individual who is included in a barred list may appeal to the [F1 Upper] Tribunal against—

(a) a decision under paragraph 2 or 8 of Schedule 3 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 subsection (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 subsection was based.

(3) For the purposes of subsection (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 subsection (1) may be made only with the permission of the [F1 Upper] Tribunal.

(5) Unless the [F1 Upper] Tribunal finds that IBB has made a mistake of law or fact, it must confirm the decision of IBB.

(6) If the [F1 Upper] 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 [F1 Upper] Tribunal remits a matter to IBB under subsection (6)(b)—

(a) the [F1 Upper] 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 [F1 Upper] Tribunal directs otherwise.

F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 4 inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 222(a)

F2 S. 4(8)-(11) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 222(b)

Modifications etc. (not altering text)

C1 S. 4 applied (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(6)

C2 S. 4 applied (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(6)

C3 S. 4 transfer of functions (3.11.2008) by First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684), arts. 1, 7(a)(vi)

Commencement Information

I1 S. 4(1)-(7)(9)-(11) in force at 19.5.2008 by S.I. 2008/1320, art. 2(b)

I2 S. 4(8) in force at 31.12.2007 by S.I. 2007/3545, art. 2(d)