Paragraph 4 Response to applicationI1

Northern Ireland

(1)

The Secretary must send information provided by the applicant under paragraph 1 or 2, as the case may be, to the respondent together with a request that he respond to the application within 20 working days of receiving it.

(2)

If the respondent fails to respond as requested, he shall not be entitled to take any further part in the proceedings.

(3)

The response must –

(a)

acknowledge that the respondent has received a copy of the application;

(b)

indicate whether or not he opposes it, and if he does, why; and

(c)

provide the following information and documents –

(i)

the name, address and profession of the person (if any) representing the respondent and whether the Care Tribunal should send documents concerning the application to the representative rather than to the respondent;

(ii)

copies of any letters informing the applicant of the decision which is the subject of the appeal or application for leave, as the case may be;

(iii)

copies of any information submitted with a reference under F1Articles 4, 5, 6 and 9 of the 2003 Order or as a result of being named in a relevant inquiry under Article 7 of that Order and of any observations submitted on it by the applicant;

(iv)

copies of any evidence and expert evidence relied on by the respondent in making a decision under regulations made under Articles 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986

(4)

The Secretary must without delay send to the applicant a copy of the response and the information and documents provided with it (subject, in the case of any material provided in accordance with sub-paragraph (3)(c)(iv), to any direction of the Chairman under regulation 16).

Annotations

Textual amendments

F1: Words in Sch. 3 para. 4(3)(c)(iii) substituted (29.9.2006) by The Care Tribunal (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/342), regs. 1, 2(14)

Commencement

I1: Sch. 3 para. 4 in operation at 1.4.2005, see reg. 1(1)