The Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2008

• Citation: S.I. 2008/1802
• Sections: 5

Section 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2008 and come into force on 1st September 2008.

(2) In these Regulations, “the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 .

(3) Regulations 2 and 4 apply to England, and regulations 3 and 5 apply to England and Wales.

Section 2 Amendment to regulation 1(2) of the Tribunal Regulations

In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation), in the definition of “the Suspension Regulations”—

(a) in sub-paragraph (b), omit “or”; and

(b) after sub-paragraph (c), insert—

or

(d) the Childcare (Early Years and General Childcare Registers)(Common Provisions) Regulations 2008 ;

Section 3 Amendment to regulation 4 of the Tribunal Regulations

In Regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave)—

(a) in paragraph (7)(a), after “providing day care” insert—

and who is registered under section 79F of the 1989 Act;

(aa) a decision to suspend the registration of a person who is registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of the 2006 Act ;

and

(b) in paragraph (7)(b), for “registration” substitute “registrations”.

Section 4 Amendment to Schedule 2 to the Tribunal Regulations

In paragraph 3 of Schedule 2 to the Tribunal Regulations (appeal under section 79M of the 1989 Act or section 74 of the 2006 Act against a decision of the registration authority or an order of a justice of the peace)—

(a) in sub-paragraph (3)(c)(ii) after “the 1989 Act” insert “or section 73 of the 2006 Act”;

(b) in sub-paragraph (3)(c)(iii)—

(i) after “the 1989 Act” insert “or section 72(2) of the 2006 Act”; and

(ii) for “subsection (5)(b) of that section” substitute “section 79K(5)(b) of the 1989 Act or section 72(5)(b) of the 2006 Act ”.

Section 5 Amendment to Schedule 7 to the Tribunal Regulations

In Schedule 7 to the Tribunal Regulations (appeals under the Suspension Regulations) —

(a) in paragraph 1(a), after “providing day care” insert—

and who is registered under section 79F of the 1989 Act;

(aa) a decision to suspend the registration of a person who is registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of the 2006 Act;

and

(b) in paragraph (1)(b), for “registration” substitute “registrations”.