The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2007

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2007, and shall come into force on 2 July 2007.

(2)In these Regulations, “the Tribunal Regulations” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002.

2Amendment of regulation 1 of the Tribunal Regulations#

In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation)—

(a)after “the 2002 Act”, insert the following definition—“• “the 2006 Act” means the Childcare Act 2006;”

(b)in the definition of “case”, in paragraph (b), after “the 1989 Act” insert “or section 74 of the 2006 Act”;

(c)for the definition of “the Education Regulations”, substitute—“• “the Education Regulations” means the Education (Prohibition from Teaching or Working with Children) Regulations 2003;”

(d)in the definition of “registration authority”, in paragraph (b), after “the 1989 Act” insert “or section 74 of the 2006 Act”;

(e)in the definition of “the respondent”, in paragraph (b), after “the 1989 Act” insert “or section 74 of the 2006 Act”; and

(f)for the definition of “the Suspension Regulations” substitute—“• the Suspension Regulations” means—(a) the Childminding and Day Care (Suspension of Registration) (England) Regulations 2003;(b) the Suspension of Day Care Providers and Child Minders (Wales) Regulations 2004; or(c) the Childcare (Voluntary Registration) Regulations 2007;. ”

3Amendment of regulation 4 of the Tribunal Regulations#

In regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave)—

(a)in paragraph (2), after “the 1989 Act” insert “or section 74 of the 2006 Act”;

(b)for paragraph (4)(e) and (f), substitute—“e an appeal under regulation 12(1)(a) of the Education Regulations against a direction given under section 142 of the 2002 Act;f an appeal under regulation 12(1)(aa) of the Education Regulations against a refusal to revoke such a direction; org an appeal under regulation 12(1)(b) of the Education Regulations against a refusal to revoke or vary such a direction,”

(c)for paragraph (7), substitute—“7 In the case of an appeal under the Suspension Regulations against—a a decision to suspend the registration of a person acting as a childminder or providing day care; orb where applicable, a refusal to lift the suspension of such registration,the procedure set out in Schedule 7 shall apply.”

4Amendment of regulation 4A of the Tribunal Regulations#

In regulation 4A of the Tribunal Regulations (misconceived appeals or applications etc), in paragraph (1)—

(a)in sub-paragraph (b), the “or” at the end is omitted; and

(b)at the end of sub-paragraph (c) insert—“; ord the President or the nominated chairman considers that the appeal or application has no reasonable prospect of success.”

5Amendment of regulation 23 of the Tribunal Regulations#

In regulation 23 of the Tribunal Regulations (the decision), in paragraph (5), after “the 1989 Act” insert “or section 72(2) of the 2006 Act”.

6Amendment of Schedule 2 to the Tribunal Regulations#

In Schedule 2 to the Tribunal Regulations (appeal under section 79M of the 1989 Act against a decision of the registration authority or an order of a justice of the peace)—

(a)in the heading of the Schedule, after “the 1989 Act” insert “or section 74 of the 2006 Act”; and

(b)in paragraph 1 (initiating an appeal)—

(i)in sub-paragraph (1), after “the 1989 Act” insert “or section 74 of the 2006 Act”;

(ii)in sub-paragraph (1)(a), for “that Act” substitute “the 1989 Act or section 74(1) of the 2006 Act”;

(iii)after sub-paragraph (1)(a), insert—“aa a prescribed determination under section 74(2) of the 2006 Act;”

(iv)in sub-paragraph (1)(b), for “that Act” substitute “the 1989 Act or section 72(2) of the 2006 Act”;

(v)in sub-paragraph (2A), after “the 1989 Act” insert “or section 74(1)(a) of the 2006 Act”; and

(vi)in sub-paragraph (4)(e)(i), in paragraph (dd), at the end, add “or any other determination of a prescribed description under section 74(2) of the 2006 Act”.

7Amendment of Schedule 4 to the Tribunal Regulations#

In Schedule 4 to the Tribunal Regulations (appeals and applications for leave to appeal under section 4 of the 1999 Act and appeals under regulation 13 of the Education Regulations)—

(a)in the heading of the Schedule, the words “regulation 13 of” are omitted; and

(b)in paragraph 1 (initiating an appeal)—

(i)for sub-paragraph (1)(b) and (c), substitute—“b under regulation 12(1)(a) of the Education Regulations against a direction given under section 142 of the 2002 Act;c under regulation 12(1)(aa) of the Education Regulations against a refusal to revoke such a direction; ord under regulation 12(1)(b) of the Education Regulations against a refusal to revoke or vary such a direction,”

(ii)in sub-paragraph (4)(b), for “or (1)(c)”, substitute “, (1)(c) or (1)(d)”.

8Amendment of Schedule 7 to the Tribunal Regulations#

In Schedule 7 to the Tribunal Regulations (appeals under the Suspension Regulations), for paragraph 1(1) (initiating an appeal), substitute—“1 A person who wishes to appeal to the Tribunal under the Suspension Regulations against—a a decision to suspend the registration of a person acting as a childminder or providing day care; orb where applicable, a refusal to lift the suspension of such registration,must do so by application in writing to the Secretary.”

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