Search Legislation

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2009 No. 42

Health And Personal Social Services

The Care Tribunal (Amendment) Regulations (Northern Ireland) 2009

Made

6th February 2009

Coming into operation

13th March 2009

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by Articles 44(2) and (3) and 48(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(1).

Citation and commencement

1.  These Regulations may be cited as the Care Tribunal (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 13 March 2009.

Amendment of the Care Tribunal Regulations (Northern Ireland) 2005

2.—(1) The Care Tribunal Regulations (Northern Ireland) 2005(2) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) at the end of the definition of “case”, after paragraph (i), add—

(j)an appeal under Article 8(1)(a), (b) or (c) of the 2007 Order.

(3) In regulation 4(7) after sub-paragraph (c) insert—

(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,

(4) In Schedule 7, in paragraph 1(1), after sub-paragraph (c) insert—

(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,,

(5) In Schedule 7, for sub-paragraph 1(3)(b) substitute—

(b)give sufficient information to make it clear whether the application falls within sub-paragraph (1)(a), (b), (c), (d)(i) or (ii), (e)(i) or (ii) or (f)(i) or (ii);

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 6 February 2009.

Legal seal

Sean Holland

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations further amend the Care Tribunal Regulations (Northern Ireland) 2005 (“the 2005 Regulations”) in relation to appeals to the Care Tribunal under Article 8 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the 2007 Order”). The Regulations specifically make provision for appeals against decisions made by the Independent Barring Board (“IBB”):

  • not to remove a person from the children’s barred list or the adults’ barred list pursuant to paragraph 2, 8, 17 or 18 of Schedule 1 to the 2007 Order; or

  • to include a person in the children’s barred list or the adult’s barred list pursuant to paragraph 3, 5, 9 or 11 of Schedule 1 to the 2007 Order.

The Regulations also amend Schedule 7 to the 2005 Regulations in relation to the procedure for appealing against decisions of the IBB.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources