Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/816

2002 No. 816

SOCIAL CARE, ENGLAND AND WALES

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

PUBLIC HEALTH, ENGLAND AND WALES

The Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002

Made 25th March 2002

Laid before Parliament 25th March 2002

Coming into force in accordance with regulation 1(1)

The Secretary of State, in exercise of the powers conferred upon him by section 9(2) to (4) of, and paragraph 2(4) of the Schedule to, the Protection of Children Act 19991and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19922, and with the National Assembly for Wales in accordance with section 9(3C) of the Protection of Children Act 1999, hereby makes the following Regulations:—

1 INTRODUCTORY

PART I

INTRODUCTORY

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 and shall come into force—

(a)

(a) for the purposes of—

(i) an appeal under section 86(1)(a) or (b) of the 2000 Act;

(ii) an application for leave to appeal under section 86(1)(b) of the 2000 Act;

(iii) a determination, or an application for leave for a determination, under section 86(2) of the 2000 Act,

on the first day on which sections 80 to 93 of the 2000 Act are in force;

(b)

(b) for all other purposes, on 1st April 2002.

(2) In these Regulations—

the 1989 Act” means the Children Act 19893;

the 1999 Act” means the Protection of Children Act 1999;

the 2000 Act” means the Care Standards Act 20004;

“case” in Parts IV and VI means—

(a) an appeal under section 21 of the 2000 Act;

(b) an appeal under section 79M of the 1989 Act5;

(c) an appeal under section 65A of the 1989 Act6;

(d) an appeal under section 4(1)(a) or (b) of the 1999 Act;

(e) a determination under section 4(2) of the 1999 Act;

(f) an appeal under the Education Regulations7;

(g) an appeal under section 86(1)(a) or (b) of the 2000 Act; or

(h) a determination under section 86(2) of the 2000 Act;

“application for leave” means an application to the Tribunal—

(a) for leave to appeal under section 4(1)(b) of the 1999 Act or section 86(1)(b) of the 2000 Act;

(b) for leave for a determination by the Tribunal under section 4(2) of the 1999 Act or section 86(2) of the 2000 Act;

“appropriate authority” means in relation to an appeal under section 65A of the 1989 Actthe Commission or the Assembly;

“the Assembly” means the National Assembly for Wales8;

“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England9;

“the clerk” means, in relation to a hearing before the Tribunal, the person appointed by the Secretary to act as clerk to the Tribunal;

“the Commission” means the National Care Standards Commission10;

“costs order” shall be construed in accordance with regulation 24;

“county court” has the same meaning as in the County Courts Act 198411;

“document” means information recorded in writing or in any other form;

“the Education Regulations” means the Education (Restriction of Employment) Regulations 2000;

“an institution within the further education sector” shall be construed in accordance with section 4(3) of the Education Act 199612;

“local authority” has the same meaning as in section 105 of the 1989 Act;

“local education authority” shall be construed in accordance with section 12 of the Education Act 1996;

“nominated chairman” means the chairman appointed by the President in accordance with regulation 5 to determine a case or an application for leave;

“a party” means either the applicant or the respondent;

“parties” means the applicant and the respondent;

“the POCA list” means the list kept under section 1 of the 1999 Act;

“the POVA list” means the list kept under section 81 of the 2000 Act;

“records” means the records of the Tribunal;

“registration authority” means—

(a) in relation to an appeal under section 21 of the 2000 Act, the Commission or the Assembly13; and

(b) in relation to an appeal under section 79M of the 1989 Act, the Chief Inspector or the Assembly14;

“relevant programme” means a programme included in a programme service within the meaning of the Broadcasting Act 199015;

“relevant social work” has the same meaning as in section 55(4) of the 2000 Act;

“the respondent” means—

(a) in relation to an appeal under section 21 of the 2000 Act, the registration authority;

(b) in relation to an appeal under section 79M of the 1989 Act, the registration authority;

(c) in relation to an appeal under section 65A of the 1989 Act16, the appropriate authority17;

(e) in relation to an appeal, an application for leave or a determination under section 4 of the 1999 Act, the Secretary of State for Health;

(e) in relation to an appeal under the Education Regulations, the Secretary of State for Education and Skills or the National Assembly for Wales18;

(f) in relation to an appeal, an application for leave or a determination under section 86 of the 2000 Act, the Secretary of State for Health;

“residential family centre” has the same meaning as in section 4(2) of the 2000 Act;

“school” has the same meaning as in section 4 of the Education Act 1996;

“the Secretary” means the person for the time being acting as the Secretary to the Tribunal;

“vulnerable adult” means a person who is not a child and who—

(a) suffers from mental disorder within the meaning of the Mental Health Act 198319, or otherwise has a significant impairment of intelligence and social functioning; or

(b) has a physical disability or is suffering from a physical disorder;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 197120.

(3) In these Regulations, a reference—

(a)

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b)

(b) in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;

(c)

(c) to a numbered Schedule, is to a Schedule in these Regulations bearing that number;

(d)

(d) in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that number or letter.

2 CONSTITUTION

PART II

CONSTITUTION

S-2 Powers and functions exercisable by the President and Secretary

Powers and functions exercisable by the President and Secretary

2.—(1) Anything which must or may be done by the President (except under regulation 5(1), (2), (4) or (5) or 25(4)), may be done by a member of the chairmen’s panel authorised by the President21.

(2) Anything which must or may be done by the Secretary may be done by a member of the Tribunal’s staff authorised by the Secretary.

S-3 Requirements for membership of lay panel

Requirements for membership of lay panel

3.—(1) A person may be appointed a member of the lay panel22if he satisfies the requirements of—

(a)

(a) paragraph (2);

(b)

(b) paragraphs (3) and (4); or

(c)

(c) paragraph (5).

(2) The requirements of this paragraph are—

(a)

(a) experience in the provision of services—

(i) which must or may be provided by local authorities under the 1989 Act or which are similar to such services;

(ii) for vulnerable adults; or

(iii) in a residential family centre; and

(b)

(b) experience in relevant social work.

(3) The requirements of this paragraph are—

(a)

(a) experience in the provision of services by a Health Authority23, a Special Health Authority24, a National Health Service trust25or a Primary Care Trust26;

(b)

(b) experience in the provision of education in a school or in an institution within the further education sector; or

(c)

(c) experience of being employed by a local education authority in connection with the exercise of its functions under Part I of the Education Act 1996.

(4) The requirements of this paragraph are—

(a)

(a) experience in the conduct of disciplinary investigations;

(b)

(b) experience as a member of an Area Child Protection Committee, or similar experience;

(c)

(c) experience of taking part in child protection conferences or in child protection review conferences, or similar experience; or

(d)

(d) experience in negotiating the conditions of service of employees.

(5) The requirements of this paragraph are—

(a)

(a) experience in carrying out inspections under Part II of the 2000 Act;

(b)

(b) experience in carrying out inspections under the Registered Homes Act 198427;

(c)

(c) experience in carrying out inspections under the 1989 Act;

(d)

(d) experience in managing an establishment or agency under Part II of the 2000 Act;

(e)

(e) experience in managing a children’s home under the 1989 Act;

(f)

(f) experience in managing a nursing home, mental nursing home or residential care home under the Registered Homes Act 1984;

(g)

(g) experience in managing the provision of local authority social services;

(h)

(h) that the person is a registered nurse28or registered medical practitioner who has experience of the provision of health care services;

(i)

(i) experience in managing or inspecting child minding and day care provision for children under 8 years of age; or

(j)

(j) experience in a professional, managerial or supervisory position in the provision of early childhood education or child development.

3 APPEALS, DETERMINATIONS AND APPLICATIONS FOR LEAVE

PART III

APPEALS, DETERMINATIONS AND APPLICATIONS FOR LEAVE

S-4 Procedure for appeals, determinations and applications for leave

Procedure for appeals, determinations and applications for leave

4.—(1) In the case of an appeal under section 21 of the 2000 Act, the procedure set out in Schedule 1 shall apply.

(2) In the case of an appeal under section 79M of the 1989 Act, the procedure set out in Schedule 2 shall apply.

(3) In the case of an appeal under section 65A of the 1989 Act, the procedure set out in Schedule 3 shall...

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