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The Care Tribunal (Amendment) Regulations (Northern Ireland) 2016

S.R. 2016/274 · Made 7 July 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Justice

Made 7th July 2016

Coming into operation 1st August 2016

The Department of Justice makes the following Regulations in exercise of the powers conferred by Article 44(2) to (4) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003f1 and now vested in itf2.

Annotations to the whole text

Footnotes

f1

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

f2

S.R. 2011 No. 44.

Contents

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

1Citation and commencement

These Regulations may be cited as the Care Tribunal (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 1st August 2016.

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

(1)

Schedule 6 to the Care Tribunal Regulations (Northern Ireland) 2005f1 shall be amended in accordance with paragraphs (2) to (4).

(2)

For paragraph 1(1) substitute—

“1.
(1)

A person who wishes to appeal to the Care Tribunal under section 15 of the 2001 Act against a relevant decision of the Council under Part 1 of that Act in respect of registration must do so by application in writing to the Care Tribunal.

  • “Relevant decision” means—

    1. (a)

      a decision under Part 1 of the 2001 Act in respect of registration, and

    2. (b)

      a decision under Part 3 of the European Communities (Recognition of Professional Qualifications) Regulations 2007f2 in respect of an aptitude test, or period of adaptation, in connection with a person becoming permitted (by virtue of that Part of those Regulations) to have access to, and pursue the profession of social worker in the United Kingdom.”.

(3)

At the end of paragraph 1(4)(e)(iv) omit “or”.

(4)

After paragraph 1(4)(e)(v) insert—

“(vi)

the making of the applicant’s registration in a part of the register subject to conditions (whether or not for a specified period);

(vii)

the variation or revocation of the conditions to which the applicant’s registration in a part of the register is subject;

(viii)

the variation of the duration for which the applicant’s registration in a part of the register is subject to conditions;

(ix)

a warning given to the applicant; or

(x)

a requirement to complete an adaptation period or take and pass an aptitude test.”

Signature

Sealed with the Official Seal of the Department of Justice on 7th July 2016

L.S.

Claire Sugden

Minister of Justice

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Schedule 6 to the Care Tribunal Regulations (Northern Ireland) 2005 (S.R. 2005 No. 178) to extend the grounds on which an applicant may make an appeal to the Care Tribunal under section 15 of the Health and Personal Social Services Act (Northern Ireland) 2001 (2001 c. 3) against a decision of the Northern Ireland Social Care Council.