# The Care Tribunal Regulations (Northern Ireland) 2005, Regulation 1: Citation, commencement and interpretation

Extent: N.I.

(1) These Regulations may be cited as the Care Tribunal Regulations (Northern Ireland) 2005 and shall come into operation on the 1st April 2005.
(2) In these Regulations –
“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
“the 2003 Order” means the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
“the 1995 Order” means the Children (Northern Ireland) Order 1995;
“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986;
“the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
“the 2008 Order” means the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008;
“the 2001 Act” means the Health and Personal Social Services Act (Northern Ireland) 2001;
“the adults’ barred list” has the same meaning as in Article 2(2) of the 2007 Order;
“the children’s barred list” has the same meaning as in Article 2(2) of the 2007 Order;
“case” in Parts IV and VI means –
(a)an appeal under Article 22 of the Order;
(b)an appeal under Article 78A or 94A of the 1995 Order;
(c)an appeal under Article 11(1)(a) or (b) of the 2003 Order;
(d)a determination under Article 11(2) of the 2003 Order;
(e)an appeal under Article 27 of the 2003 Order;
(f)appeals, determinations and applications for leave to appeal under Article 42 of the 2003 Order;
(g)appeals under section 15 of the 2001 Act;
(h)an appeal under Article 70(2) or Article 88A(2) of the 1986 Order;
(i)an appeal pursuant to Articles 3(6) or 5(6) of the 2008 Order, or under Article 8(1)(b) of the 2007 Order, pursuant to Article 4(2) of the 2008 Order;
(j)an appeal under Article 8(1)(a), (b) or (c) of the 2007 Order.
“application for leave” means except in cases to which regulation 4(7) applies, an application to the Care Tribunal –
(a)for leave to appeal under Article 11(1)(b) or Article 42(1)(b) of the 2003 Order;
(b)for leave for a determination by the Care Tribunal under Article 11 (2) or Article 42(2) of the 2003 Order;
“costs order” means an order under regulation 25;
“the Council” is the Northern Ireland Social Care Council established under Section 1 of the 2001 Act;
“the Department” means the Department of Health Social Services and Public Safety;
“document” means information recorded in writing or in any other form;
“the Education and Library Board” shall be construed in accordance with Article 3 of the 1986 Order;
“ HSS Board” means a Health and Social Services Board under the Health and Social Services (Northern Ireland) Order 1991;
“ HSS Trust” has the same meaning as in the Health and Personal Social Services (Northern Ireland) Order 1991;
“an institution of further education” shall be construed in accordance with Article 2(2) of the further Education (Northern Ireland) Order 1997;
“nurse” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order (Northern Ireland) 2001, by virtue of qualification in nursing or midwifery as the case may be;
“medical practitioner” means a registered medical practitioner;
“a party” means either the applicant or the respondent;
“the DWC (NI) list” means the list of individuals who are considered unsuitable to work with children under Article 3 of the 2003 Order;
“the DWVA (NI) list” means the list of individuals who are considered unsuitable to work with vulnerable adults under Article 35 of the 2003 Order
“records” means the records of the Care Tribunal;
“relevant programme” means a programme included in a programme service within the meaning of the Broadcasting Act 1996;
“relevant social work” has the same meaning as in section 2(4) of the 2001 Act;
“the respondent” means—
(a)in relation to an appeal under Article 22 of the 2003 Order, the RQIA;
(b)in relation to an appeal under Article 78A or 94A of the 1995 Order, the RQIA;
(c)in relation to an appeal or an application for leave to appeal under Article 11 or 12 of the 2003 Order, the Department;
(d)in relation to an appeal, an application for leave or a determination under Article 42 of the 2003 Order, the Department;
(e)in relation to an appeal under regulations made in accordance with Article 70(2)(e) or 88A(2)(b) of the 1986 Order, the Department of Education;
(f)in relation to an appeal under section 15 of the 2001 Act, the Council;
(g)in relation to an application for leave to appeal in a case to which regulation 4(7) applies, or an appeal under—
(i)Article 3(6) or 5(6) of the 2008 Order; or
(ii)Article 8(1)(b) of the 2008 Order, pursuant to Article 4(2) of the 2008 Order,
the Independent Barring Board;
“the Secretary means the person for the time being acting as the Secretary to the Care Tribunal;
“school” has the same meaning as in Article 2 of the Order;
“sensitive witness” means, in relation to Schedule 7 only, an adult witness where the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with giving evidence in the case;”
“vulnerable adult” in relation to—
(a)an application for leave to appeal in a case to which regulation 4(7) applies, has the meaning as in Article 3 of that Order,
(b)any other case has the meaning as in Article 48(6) of the 2003 Order;
“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 1971.

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Source: https://www.legislation.gov.uk/nisr/2005/178/regulation/1 (the official version)
Page: https://openlegislation.uk/care-tribunal-regulations-northern-ireland-2005/regulation-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.