The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

S.R. 2009/42 · Made 6 February 2009

Health And Personal Social Services

Made 6th February 2009

Coming into operation 13th March 2009

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by Articles 44(2) and (3) and 48(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003^f1.

Annotations to the whole text

Footnotes

f1: S.I. 2003/431 (N.I. 9)

1Citation and commencement
2Amendment of the Care Tribunal Regulations (Northern Ireland) 2005
Signature
Explanatory note

1Citation and commencement

These Regulations may be cited as the Care Tribunal (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 13 March 2009.

2Amendment of the Care Tribunal Regulations (Northern Ireland) 2005

(1)

The Care Tribunal Regulations (Northern Ireland) 2005^f1 shall be amended in accordance with paragraphs (2) to (5).

(2)

In regulation 1(2) at the end of the definition of “case”, after paragraph (i), add—

“(j)
an appeal under Article 8(1)(a), (b) or (c) of the 2007 Order.”

(3)

In regulation 4(7) after sub-paragraph (c) insert—

“(d)
not to remove the applicant from—

(i)
the children’s barred list, in a case to which paragraph 2 of Schedule 1 to the 2007 Order applies; or

(ii)
the adults’ barred list, in a case to which paragraph 8 of that Schedule applies;

(e)
to include the applicant in—

(i)
the children’s barred list, in a case to which paragraph 3 or 5 of that Schedule applies; or

(ii)
the adults’ barred list, in a case to which paragraph 9 or 11 of that Schedule applies;

(f)
not to remove the applicant from—

(i)
the children’s barred list, in a case to which paragraph 17 or 18 of that Schedule applies; or

(ii)
the adults’ barred list, in a case to which paragraph 17 or 18 of that Schedule applies,”

(4)

In Schedule 7, in paragraph 1(1), after sub-paragraph (c) insert—

“(d)
not to remove the applicant from—

(i)
the children’s barred list, in a case to which paragraph 2 of Schedule 1 to the 2007 Order applies; or

(ii)
the adults’ barred list, in a case to which paragraph 8 of that Schedule applies;

(e)
to include the applicant in—

(i)
the children’s barred list, in a case to which paragraph 3 or 5 of that Schedule applies; or

(ii)
the adults’ barred list, in a case to which paragraph 9 or 11 of that Schedule applies;

(f)
not to remove the applicant from—

(i)
the children’s barred list, in a case to which paragraph 17 or 18 of that Schedule applies; or

(ii)
the adults’ barred list, in a case to which paragraph 17 or 18 of that Schedule applies,”,

(5)

In Schedule 7, for sub-paragraph 1(3)(b) substitute—

“(b)
give sufficient information to make it clear whether the application falls within sub-paragraph (1)(a), (b), (c), (d)(i) or (ii), (e)(i) or (ii) or (f)(i) or (ii);”

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 6 February 2009.

L.S.

Sean Holland

A senior officer of the

Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Order)

These Regulations further amend the Care Tribunal Regulations (Northern Ireland) 2005 (“the 2005 Regulations”) in relation to appeals to the Care Tribunal under Article 8 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the 2007 Order”). The Regulations specifically make provision for appeals against decisions made by the Independent Barring Board (“IBB”):

not to remove a person from the children’s barred list or the adults’ barred list pursuant to paragraph 2, 8, 17 or 18 of Schedule 1 to the 2007 Order; or
to include a person in the children’s barred list or the adult’s barred list pursuant to paragraph 3, 5, 9 or 11 of Schedule 1 to the 2007 Order.

The Regulations also amend Schedule 7 to the 2005 Regulations in relation to the procedure for appealing against decisions of the IBB.