PART 1 INTRODUCTORY

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Children’s and Adults’ Barred Lists) (Transitional Provisions) Regulations 2008 and shall come into force on 2nd July 2008.

(2) In these Regulations—

“the Act” means the Safeguarding Vulnerable Groups Act 2006;

“case” means an appeal pursuant to articles 2(6) or 4(6) of the Order or, under section 4(1)(b) of the Act, pursuant to article 3(2) of the Order;

“chairmen’s panel” has the same meaning as in paragraph 1 of the Schedule to the Protection of Children Act 1999(3);

“child” has the same meaning as in section 60(1) of the Act;

“the clerk” means, in relation to a hearing before the Tribunal, the person appointed by the Secretary to act as clerk to the Tribunal;

“document” means information recorded in writing or in any other form;

“lay panel” means the panel of persons who meet the requirements for membership of such a panel set out in regulation 3 of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002(4), and references to membership of the lay panel shall be construed accordingly;

“nominated chairman” means the chairman appointed by the President in accordance with regulation 8;

“the Order” means the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008(5);

“parties” means the applicant and the respondent;

“the President” has the same meaning as in paragraph 1 of the Schedule to the Protection of Children Act 1999(6);

“records” means the records of the Tribunal;

“the respondent” means the Independent Barring Board;

“the Secretary” means the person for the time being acting as the Secretary to the Tribunal;

“sensitive witness” means an adult witness where the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with giving evidence in the case;

“vulnerable adult” has the same meaning as in section 59 of the Act;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales within the meaning of the Banking and Financial Dealings Act 1971(7).