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The Care Tribunal Regulations (Northern Ireland) 2005

S.R. 2005/178 · Made 21 March 2005 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 August 2016.

HEALTH AND PERSONAL SOCIAL SERVICES

Made 21st March 2005

Coming into operation 1st April 2005

The Department of Health, Social Services and Public Safety, in exercise of the powers conferred upon it by Articles 44(2) to (4) and 48(2) of, and paragraph 2(4) of Schedule 2 to the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003f1 and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2003/431 (N.I. 9)

Contents

  1. Part I: INTRODUCTORY
  2. 1Citation, commencement and interpretation
  3. Part II: CONSTITUTION
  4. 2Powers and functions exercisable by the Care Tribunal
  5. 3Requirements for membership of lay panel
  6. Part III: APPEALS, DETERMINATIONS AND APPLICATIONS FOR LEAVE
  7. 4Procedure for appeals, determinations and applications for leave
  8. Part IV: CASE MANAGEMENT
  9. 5Appointment of Care Tribunal
  10. 6Directions
  11. 7Fixing and notification of hearing
  12. 8Appeal against secondary listing
  13. 9Multiple appeals
  14. 10Further directions
  15. 11Unless orders
  16. 12Copies of documents
  17. 13Disclosure of information and documents
  18. 14Expert evidence
  19. 15Evidence of witnesses
  20. 16Withholding medical report from disclosure in exceptional circumstances
  21. 17Summoning of witnesses
  22. 18Child and vulnerable adult witnesses
  23. 19Restricted reporting orders
  24. 20Exclusion of press and public
  25. Part V: HEARING
  26. 21Procedure at the hearing
  27. 22Hearing to be in public
  28. 23Evidence
  29. Part VI: DECISION
  30. 24The decision
  31. 25Costs
  32. 26Review of the Care Tribunal’s decision
  33. 27Powers of Care Tribunal on review
  34. 28Publication
  35. Part VII: SUPPLEMENTARY
  36. 29Method of sending documents
  37. 30Irregularities
  38. 31Application on behalf of person under a disability
  39. 32Death of applicant
  40. 33Amendment of appeal, application for leave or response
  41. 34Withdrawal of proceedings or opposition to proceedings
  42. 35Proof of documents and certification of decisions
  43. 36Time
  44. Part VIII: MISCELLANEOUS
  45. 37Revocation
  46. Signature
  47. Schedule 1: APPEAL UNDER ARTICLE 22 OF THE HEALTH AND PERSONAL SOCIAL SERVICES (QUALITY, IMPROVEMENT AND REGULATION) (NORTHERN IRELAND) ORDER 2003 AGAINST A DECISION OF THE RQIA OR AN ORDER OF A JUSTICE OF THE PEACE
  48. 1Initiating an appeal
  49. 2Acknowledgement and notification of application
  50. 3Response to application
  51. 4Misconceived appeals etc.
  52. 5Further information to be sent by the applicant and respondent
  53. 6Changes to further information supplied to the Care Tribunal
  54. Schedule 2: APPEAL UNDER ARTICLE 78A OF THE CHILDREN (NORTHERN IRELAND) ORDER 1995 AGAINST A DECISION OF THE RQIA REFUSING TO GIVE CONSENT UNDER ARTICLE 78(3) AND 94(3) OF THAT ORDER
  55. 1Initiating an appeal
  56. 2Acknowledgement and notification of application
  57. 3Response to application
  58. 4Misconceived appeals etc.
  59. 5Further information to be sent by the applicant and respondent
  60. 6Changes to further information supplied to the Care Tribunal
  61. Schedule 3: APPEALS AND APPLICATIONS FOR LEAVE TO APPEAL UNDER ARTICLE 11 OF THE PROTECTION OF CHILDREN AND VULNERABLE ADULTS (NORTHERN IRELAND) ORDER 2003 AND APPEALS UNDER ARTICLE 70(2) OR 88A(2) OF THE EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1986 AGAINST A DECISION TO PROHIBIT OR RESTRICT THE PERSON'S EMPLOYMENT OR FURTHER EMPLOYMENT OR A DECISION NOT TO REVOKE OR VARY SUCH A DECISION AND APPLICATION FOR LEAVE FOR A REVIEW OF PROHIBITION OR RESTRICTION
  62. 1Initiating an appeal
  63. 2Applying for leave
  64. 3Acknowledgement and notification of application
  65. 4Response to application
  66. 5Misconceived appeals, applications etc.
  67. 6Grant or refusal of leave
  68. 7Reconsideration of leave
  69. 8Further information to be sent by the applicant and respondent
  70. 9Changes to further information supplied to the Care Tribunal
  71. Schedule 4: APPLICATIONS FOR REVIEW AND APPLICATIONS FOR LEAVE TO REVIEW DISQUALIFICATION FROM WORKING WITH CHILDREN UNDER ARTICLE 27 AND 28 OF THE PROTECTION OF CHILDREN AND VULNERABLE ADULTS (NORTHERN IRELAND) ORDER 2003
  72. 1Initiating an application Repealed
  73. 2Acknowledgement and notification of application Repealed
  74. 3Response to application Repealed
  75. 4Misconceived applications etc. Repealed
  76. 5Further information to be sent by the applicant and respondent Repealed
  77. 6Changes to further information supplied to the Care Tribunal Repealed
  78. Schedule 5: APPEALS AND APPLICATIONS FOR LEAVE UNDER ARTICLE 42 (APPLICATIONS AGAINST INCLUSION IN THE LIST) OF THE PROTECTION OF CHILDREN AND VULNERABLE ADULTS (NORTHERN IRELAND) ORDER 2003
  79. 1Initiating an appeal
  80. 2Applying for leave to appeal
  81. 3Acknowledgement and notification of application
  82. 4Response to application
  83. 5Misconceived applications for leave, appeals etc.
  84. 6Grant or refusal of leave
  85. 7Reconsideration of leave
  86. 8Further information to be sent by the applicant and respondent
  87. 9Changes to further information supplied to the Care Tribunal
  88. Schedule 6: APPEALS UNDER SECTION 15 OF THE HEALTH AND PERSONAL SOCIAL SERVICES ACT (NORTHERN IRELAND) 2001 AGAINST A DECISION OF THE COUNCIL IN RESPECT OF REGISTRATION UNDER PART I OF THAT ACT
  89. 1Initiating an appeal
  90. 2Acknowledgement and notification of application
  91. 3Response to application
  92. 4Misconceived appeals etc.
  93. 5Further information to be sent by the applicant and the respondent
  94. 6Changes to further information supplied to the Care Tribunal
  95. Schedule 7: APPLICATIONS FOR LEAVE TO APPEAL UNDER ARTICLE 8(4) OF THE SAFEGUARDING VULNERABLE GROUPS (NORTHERN IRELAND) ORDER 2007
  96. 1Applying for leave to appeal
  97. 2Acknowledgement and notification of application
  98. 3Response to application
  99. 4Grant or refusal of leave
  100. 5Reconsideration of refusal to grant leave to appeal
  101. Explanatory note