(This note is not part of the Regulations)
These Regulations amend the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (“the Tribunal Regulations”) and make provision in relation to the proceedings of the Tribunal (“the Tribunal”) established by section 9 of the Protection of Children Act 1999.
Section 32(5) of the Childcare Act 2006 (“the 2006 Act”) has established a voluntary registration scheme for childminders or other childcare providers in England as from 1st April 2007. Section 74 of that Act provides that appeals in relation to registration decisions of the Chief Inspector under that scheme are to be made to the Tribunal. These Regulations amend the Tribunal Regulations in order to make provision for the proceedings of the Tribunal in relation to such decisions (regulations 3(a), 5 and 6). A definition of the 2006 Act is also inserted into regulation 1(2) of the Tribunal Regulations (regulation 2(a)), and there are consequential amendments to other definitions.
Regulation 2(f) amends regulation 1(2) of the Tribunal Regulations in order to substitute a new definition of the Suspension Regulations to include a reference to the regulations relating to the suspension of voluntary registration made under the 2006 Act. Regulation 3(c) amends regulation 4 of the Tribunal Regulations to reflect that new definition, and regulation 8 amends Schedule 7 to the Tribunal Regulations for the same purpose.
Regulation 3 also amends regulation 4 of the Tribunal Regulations in order to substitute references to the rights of appeal under the Education (Prohibition from Teaching or Working with Children) Regulations 2003 which have replaced the Education (Restriction of Employment) Regulations 2000 (regulation 3(b)). Regulation 7 then amends Schedule 4 to the Tribunal Regulations in order to reflect the new references to the rights of appeal. In addition, a consequential amendment is made to regulation 1(2) in order to amend the definition of “the Education Regulations” (regulation 2(c)).
Regulation 4 amends regulation 4A of the Tribunal Regulations in order to provide that the President or the nominated chairman may strike out an application or appeal that appears to him to have no reasonable prospect of success.