# The Care Tribunal Regulations (Northern Ireland) 2005, Regulation 4: Procedure for appeals, determinations and applications for leave

Extent: N.I.

(1) In the case of an appeal under Article 22 of the Order, the procedure set out in Schedule 1 shall apply.
(2) In the case of an appeal under Article 78A and Article 94A of the 1995 Order, the procedure set out in Schedule 2 shall apply.
(3) In the case of –
(a) an appeal under Article 11(1)(a) of the 2003 Order against a decision to include an individual in the DWC (NI) list;
(b) an application for leave under Article 11(1)(b) or (2) of the 2003 Order;
(c) an appeal under Article 11(1)(b) of the 2003 Order against a decision not to remove an individual from the DWC (NI) list under Article 3(3) of that Order;
(d) a determination under Article 11(2) of the 2003 Order as to whether an individual should be included in the DWC (NI) list;
(e) an appeal under regulations made in accordance with Article 70(2) or Article 88A(2)(b) of the 1986 Order,
the procedure set out in Schedule 3 shall apply.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In the case of –
(a) an application for leave to the Care Tribunal under Article 42(1)(b) or (2) of the 2003 Order;
(b) an appeal under Article 42 (1)(a) of the 2003 Order against a decision to include an individual in the DWVA (NI) list;
(c) an appeal under Article 42(1)(b) of the 2003 Order against a decision not to remove an individual from the DWVA (NI) list; or
(d) a determination under Article 42(2) of the 2003 Order as to whether an individual should be included in the DWVA (NI) list,
the procedure set out in Schedule 5 shall apply.
(6) In the case of an appeal under section 15 of the 2001 Act against a decision of the Council in respect of registration under the Part I of that Act, the procedure set out in Schedule 6 shall apply.
(7) In the case of an application for leave to appeal under Article 8(4) of the 2007 Order against a decision—
(a) not to remove the applicant from the children’s barred list, in a case to which Article 3(6) of the 2008 Order applies;
(b) not to remove the applicant from the adults’ barred list, in a case to which Article 5 (6) of the 2008 Order applies; or
(c) under Article 8(1)(b) of the 2007 Order, to include the applicant in the children’s barred list pursuant to Article 4(2) of the 2008 Order,
(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,
the procedure set out in Schedule 7 shall apply.

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Source: https://www.legislation.gov.uk/nisr/2005/178/regulation/4 (the official version)
Page: https://openlegislation.uk/care-tribunal-regulations-northern-ireland-2005/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

