EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (“the Tribunal Regulations”) and make provision in relation to the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999 (“the Tribunal”).
Chapters 2 and 3 of Part 3 of the Childcare Act 2006 (“the 2006 Act”) establish a compulsory registration scheme for childminders or other childcare providers in England from 1 September 2008. Chapter 4 of Part 3 of the 2006 Act established from 1 April 2007 a voluntary registration scheme for childminders or other childcare providers in England who are not required to be registered under Chapters 2 or 3. Section 69(2) of the 2006 Act provides that regulations in relation to the suspension of registration of a person registered under those schemes must include a right of appeal to the Tribunal against suspension. Section 74 of the 2006 Act provides a right of appeal to the Tribunal in relation to other registration decisions under those schemes. These Regulations amend the Tribunal Regulations in order to ensure that there is proper provision for the proceedings of the Tribunal in relation to such appeals.
Regulation 2 amends regulation 1(2) of the Tribunal Regulations to include a reference to the regulations relating to the suspension of registration under Chapters 2, 3 or 4 of Part 3 of the 2006 Act. Regulation 3 amends regulation 4(7) of the Tribunal Regulations to reflect that new definition, and makes a consequential amendment to clarify that regulation 4(7)(a) will continue to apply to Wales after 1 September 2008. Regulation 5 amends Schedule 7 to the Tribunal Regulations for the same purpose.
Regulation 4 amends paragraph 3 of Schedule 2 to the Tribunal Regulations to ensure that the respondent to an appeal under section 74 of the 2006 Act provides certain documents in the response to that appeal.