Made | 8th April 2003 | ||
Laid before Parliament | 9th April 2003 | ||
Coming into force | 30th April 2003 |
(c) at the end of the definition of "the respondent" there shall be added the following -
Amendment of regulation 3 of the Tribunal Regulations
3.
In regulation 3 of the Tribunal Regulations (requirements for membership of lay panel) -
(d) in paragraph (5)(j) after the word "education" there shall be inserted the words ", child minding or day care".
Amendment of regulation 4 of the Tribunal Regulations
4.
In regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave) there shall be added at the end the following paragraph -
Amendment of regulation 6 of the Tribunal Regulations
5.
In regulation 6 of the Tribunal Regulations (directions) in paragraph (1), for the words "in paragraph 6 of Schedule 1, 2, 3 or 6", there shall be substituted "in paragraph 6 of Schedule 1, 2, 3, 6 or 8".
Amendment of regulation 35 of the Tribunal Regulations
6.
In regulation 35 of the Tribunal Regulations (time) in paragraph (3), for the words "Schedule 2, 6 or 7", there shall be substituted the words "Schedule 2, 6, 7 or 8".
Amendment of Schedules 2, 4 and 5 to the Tribunal Regulations
7.
In paragraph 5(1)(b) of Schedule 2, and paragraph 8(1)(b) of each of the Schedules 4 and 5, to the Tribunal Regulations after the word "President" there shall be inserted the words "or nominated chairman".
Amendment of the Tribunal Regulations : Schedule 8
8.
After Schedule 7 to the Tribunal Regulations (appeals under the Suspension Regulations) there shall be added the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State, Department of Health
8th April 2003
(f) give a short statement of grounds for the appeal; and
(g) be signed and dated by the applicant.
(5) In this Schedule, "register" means the register maintained by the Chief Inspector under paragraph 8(1) of Schedule 26 to the 1998 Act or section 79P(1) of the 1989 Act[6], and "registration" and "registered" shall be construed accordingly.
Acknowledgement and notification of application
2.
- (1) On receiving an application, the Secretary must -
(2) If, in the Secretary's opinion, there is an obvious error in the application -
Response to application
3.
- (1) The Secretary must send the information provided by the applicant under paragraph 1 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 -
(4) The Secretary must without delay send to the applicant a copy of the response and the information and documents provided with it.
Misconceived appeals etc.
4.
- (1) The President or the nominated chairman may at any time strike out the appeal on the grounds that -
(2) Before striking out an appeal under this paragraph, the President or the nominated chairman must -
Further information to be sent by the applicant and the respondent
5.
- (1) As soon as the respondent has provided the information set out in paragraph 3, the Secretary must write to each party requesting that he send to the Secretary, within 15 working days after the date on which he receives the Secretary's letter, the following information -
(2) Once the Secretary has received the information referred to in sub-paragraph (1) from both parties, he must without delay send a copy of the information supplied by the applicant to the respondent and that supplied by the respondent to the applicant.
Changes to further information supplied to the Tribunal
6.
- (1) Either party, within 5 working days of receiving the further information in respect of the other party from the Secretary, may ask the Secretary in writing to amend or add to any of the information given under paragraph 5(1).
(2) If the Secretary receives any further information under sub-paragraph (1) from either party he must, without delay, send a copy of it to the other party.".
The new Schedule 8 inserted by regulation 8 makes provision in respect of the procedure to be followed on these appeals. In particular, the Schedule makes provision about the documents which the applicant must send to the Tribunal in order to initiate an appeal, the procedure for the Secretary to follow when an appeal is made, information which the respondent must send to the Tribunal and further information to be supplied to the Tribunal by both parties to enable the Tribunal to give directions.
Regulation 3 also amends regulation 3 of the Tribunal Regulations to make minor changes to the requirements for the membership of the lay panel consequential upon the jurisdiction of the Tribunal being extended to include relevant appeals and appeals in relation to the registration of voluntary adoption agencies under Part II of the 2000 Act from 30th April 2003.
[2] 1992 c. 53. Schedule 1, paragraph 36A of the Tribunals and Inquiries Act 1992 ("the 1992 Act") was inserted by the Schedule to the 1999 Act, paragraph 8. Schedule 1, paragraph 36A of the 1992 Act was renumbered as paragraph 36B and amended by the Care Standards Act 2000 (c. 18) ("the 2000 Act"), Schedule 4, paragraph 21.back
[3] S.I. 2002/816, amended by S.I. 2003/626.back
[5] Paragraph 8(1) of Schedule 26 to the School Standards and Framework Act 1998 ("the Schedule") provides for the establishment of a register of nursery education inspectors for England and for Wales. Paragraph 10(1) of the Schedule provides for an appeal against certain decisions of the Chief Inspector of Schools in England and the Chief Inspector of Education and Training in Wales in relation to the registration of nursery education inspectors. Section 79P(1) of the Children Act 1989 (c. 41) provides for the establishment of a register of early years child care inspectors for England and subsection (3) provides that paragraph 10 of the Schedule (including the right to appeal) applies in relation to that register as it applies in relation to the register of nursery education inspectors maintained for England. Section 79P is in Schedule XA to the Children Act 1989 substituted by Part VI of the 2000 Act. By virtue of paragraph 10(1A) of the Schedule inserted by paragraph 5(2) of Schedule 14 to the Education Act 2002 appeals in relation to the registers maintained for England are to the Tribunal established under the 1999 Act.back
[6] Under section 79P(2) the register of early years child care inspectors may be combined with the register of nursery education inspectors.back
© Crown copyright 2003 | Prepared 24 April 2003 |