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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20072620.html

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STATUTORY INSTRUMENTS


2007 No. 2620

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Inclusion in the PoCA List and Review of Section 142 Directions) Regulations 2007

  Made 5th September 2007 
  Laid before Parliament 7th September 2007 
  Coming into force 1st October 2007 

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 9(2)(a), (b), (3) and (3B) of the Protection of Children Act 1999[1].

     In accordance with section 8 of the Tribunals and Inquiries Act 1992[2] he has consulted the Council on Tribunals.

Citation and commencement
     1. These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Inclusion in the PoCA List and Review of Section 142 Directions) Regulations 2007 and come into force on 1st October 2007.

Review of inclusion in the PoCA List
    
2. —(1) The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Disqualification Orders) Regulations 2006[3] apply in relation to applications to the Tribunal under sections 4A and 4B of the Protection of Children Act 1999[4] with the following modifications.

    (2) In regulation 1(2) (interpretation)—

    (3) In regulation 3 (initiating an application)—

    (4) In regulation 9 (directions and preliminary issues), after paragraph (4) insert—

    (5) In regulation 18 (the decision), after paragraph (4) insert—

    (6) In regulation 20(2) (powers of Tribunal on review), after "the applicant" insert "and the Secretary of State for Children, Schools and Families".

Review of section 142 directions
     3. —(1) The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Disqualification Orders) Regulations 2006 apply in relation to applications to the Tribunal under regulations 10, 10A and 11 of the Education (Prohibition from Teaching or Working with Children) Regulations 2003[5] with the following modifications.

    (2) In regulation 1(2) (interpretation)—

    (3) In regulation 3 (initiating an application)—

    (4) In regulation 5 (misconceived applications etc.)—

    (5) For regulation 6(2) (grant or refusal of leave) substitute—

    (6) In regulation 9 (directions and preliminary issues), after paragraph (4) insert—

    (7) In regulation 18 (the decision), after paragraph (4) insert—

    (8) In regulation 20(2) (powers of Tribunal on review), after "the applicant" insert "and the Secretary of State for Children, Schools and Families".



On behalf of the Secretary of State


Bridget Prentice
Parliamentary Under-Secretary of State Ministry of Justice

5th September 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make provision for the proceedings of the Tribunal established by section 9 of the Protection of Children Act 1999 (c. 14) ("the 1999 Act") in relation to:

These Regulations apply The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Review of Disqualification Orders) Regulations 2006 (S.I. 2006/1929) ("the 2006 Regulations") with modifications. The 2006 Regulations made provision about the proceedings of the Tribunal in relation to the review of determinations under sections 32 and 33 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification orders).


Notes:

[1] 1999 c. 14 ("the 1999 Act"). Section 9(2)(a) was substituted by paragraph 26(3)(a) of Schedule 4 to the Care Standards Act 2000 (c. 14) ("the CSA 2000") and amended by paragraph 157(a) of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43) ("the CJCSA 2000"). Section 9(2)(b) was substituted by paragraph 122(a) of Schedule 21 to the Education Act 2002 (c. 32). Section 9(3B) was inserted by paragraph 26(3)(b) of Schedule 4 to the CSA 2000.back

[2] 1992 c. 53 ("the 1992 Act"). Paragraph 36B of Schedule 1 to the 1992 Act was inserted by paragraph 8 of Schedule 1 to the 1999 Act, as renumbered and amended by paragraph 21 of Schedule 4 to the CSA 2000.back

[3] S.I. 2006/1929.back

[4] Sections 4A and 4B were inserted by paragraph 155 of Schedule 7 to the CJCSA 2000.back

[5] S.I. 2003/1184. Regulation 10A was inserted by, and regulations 10 and 11 amended by, regulations 6, 7 and 8 of S.I. 2007/195. There are other amendments not relevant to these Regulations.back

[6] 2002 c. 32.back



ISBN 978 0 11 078755 8


 © Crown copyright 2007

Prepared 12 September 2007


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20072620.html