The Social Care Wales (Proceedings before Panels) Regulations 2016

Special measures for witnesses etc. in registration appeals hearings

11.—(1) A person giving evidence in a registration appeals hearing, including the appellant, is entitled to special measures if—

(a) the person is under 18, or

(b) the registration appeals panel considers that the quality of evidence given by the person is likely to be diminished by reason of—

(i) physical disability, learning disability, mental health problems, an illness or health condition or a dependence on drugs or alcohol, or

(ii) fear or distress in connection with giving evidence.

(2) In deciding whether the quality of evidence given by a person is likely to be diminished by reason of a matter specified in paragraph (1)(b), the registration appeals panel must take into account the views of the person concerned.

(3) A registration appeals panel may offer special measures to a person not entitled to them under paragraph (1) if it thinks that it would be in the public interest to do so.

(4) In this regulation “special measures” (“mesurau arbennig”) means such special measures as the registration appeals panel considers appropriate for the purpose of improving the quality of evidence given by a person at the hearing.

(5) In considering which particular special measure may be appropriate, the registration appeals panel must take into account the views of the person concerned.

(6) A person who is 18 or over and who has the capacity to do so may decline to accept special measures or any particular special measure.

(7) Whether a person has capacity for the purposes of paragraph (6) is determined in accordance with the Mental Capacity Act 2005(1).

(8) A person who is under 18 (a “child”) (“plentyn”) may decline to accept special measures only if the registration appeals panel is satisfied that the quality of the child’s evidence is not likely to be diminished by the absence of the special measure or measures which the child wishes to decline.

(9) In reaching a view as required by paragraph (8), the registration appeals panel must consider—

(a) the child’s age and maturity,

(b) the child’s ability to understand the consequences of giving evidence without the special measure or measures,

(c) the child’s best interests,

(d) the views of the child’s parents or any person with parental responsibility for the child,

(e) the relationship (if any) between the child and any party to the proceedings,

(f) the nature and alleged circumstances of the matter to which the proceedings relate, and

(g) any other factor that the panel thinks is relevant.

(10) A registration appeals panel must give a direction requiring the implementation or provision of any special measure which it has offered, except where the person concerned is entitled to decline the special measure and has done so.

(1)

2005 c. 9.