Statutory Rules of Northern Ireland

"the Order" means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

(a) paragraph (2);

(b) paragraphs (3) and (4); or

(c) paragraph (5).

    (2) The requirements of this paragraph are -

(a) experience in the provision of services -


(i) which must or may be provided by HSS Trusts under the 1995 Order or which are similar to such services;

(ii) for vulnerable adults;



(b) experience in relevant social work.

    (3) The requirements of this paragraph are -

(a) experience in the provision of services by a HSS Board or HSS Trust;

(b) experience in the provision of education in a school or in an institution within the further education sector; or

(c) experience of being employed by an Education and Library Board in connection with the exercise of its functions under the 1986 Order.

    (4) The requirements of this paragraph are -

(a) experience in the conduct of disciplinary investigations;

(b) experience as a member of an Area Child Protection Committee, or similar experience;

(c) experience of taking part in child protection conferences or in child protection review conferences, or similar experience; or

(d) experience in negotiating the conditions of service of employees.

    (5) The requirements of this paragraph are -

(a) an appeal under Article 11(1)(a) of the 2003 Order against a decision to include an individual in the DWC (NI) list;

(b) an application for leave under Article 11(1)(b) or (2) of the 2003 Order;

(c) an appeal under Article 11(1)(b) of the 2003 Order against a decision not to remove an individual from the DWC (NI) list under Article 3(3) of that Order;

(d) a determination under Article 11(2) of the 2003 Order as to whether an individual should be included in the DWC (NI) list;

(e) an appeal under regulations made in accordance with Article 70(2) or Article 88A(2)(b) of the 1986 Order,

the procedure set out in Schedule 3 shall apply.

    (4) In the case of an application for review or an application for leave to seek review of disqualification from working with children under Article 27 or 28 of that Order, the procedure set out in Schedule 4 shall apply.

    (5) In the case of -

(a) an application for leave to the Care Tribunal under Article 42(1)(b) or (2) of the 2003 Order;

(b) an appeal under Article 42 (1)(a) of the 2003 Order against a decision to include an individual in the DWVA (NI) list;

(c) an appeal under Article 42(1)(b) of the 2003 Order against a decision not to remove an individual from the DWVA (NI) list; or

(d) a determination under Article 42(2) of the 2003 Order as to whether an individual should be included in the DWVA (NI) list,

the procedure set out in Schedule 5 shall apply.

    (6) In the case of an appeal under section 15 of the 2001 Act against a decision of the Council in respect of registration under the Part I of that Act, the procedure set out in Schedule 6 shall apply.

(a) shall give directions as to the dates by which any document, witness statement or other material upon which any party is intending to rely shall be sent to the Care Tribunal, and, if the Chairman considers it appropriate, to the other party;

(b) may give any other direction in exercise of his powers under this Part which he considers appropriate; and

(c) shall, where the applicant has requested that the case be determined without an oral hearing, give a direction as to the date, which shall be not less than 10 working days after the last date on which he has directed that any document, witness statement or other evidence be sent to the Care Tribunal, by which the parties shall send any written representations regarding their appeal to the Care Tribunal.

(a) the reasons for the decision; and

(b) what, if any, order the Care Tribunal has made as a result of its decision.

(a) by first-class post to the address given for the purpose by that party in accordance with these Regulations;

(b) by fax or electronically to a number or address given by that party for the purpose; or

(c) where the party has given for the purpose an address which includes a numbered box number at a document exchange, by leaving the notice or document addressed to that numbered box at that document exchange or at a document exchange which transmits documents on every working day to that exchange.

    (3) If a notice or document cannot be sent to a party in accordance with paragraph (2), the Chairman may dispense with service of it or direct that it be served on that party in such manner as he thinks appropriate.

    (4) Any notice or document sent by the Secretary to a party in accordance with these regulations shall be taken to have been received -

(a) if sent by post and not returned, on the second working day after it was posted;

(b) if sent by fax or electronically, unless the Secretary has been notified that the transmission has been unsuccessful, on the next working day after it was sent;

(c) if left at a document exchange in accordance with paragraph (2), on the second working day after it was left; and

(d) if served in accordance with a direction under paragraph (3), on the next working day after it was so served.

(a) give the applicant's name and full postal address, if the applicant is an individual his date of birth and, if the applicant is a company, the address of its registered office;

(b) give the name, address and profession of the person (if any) representing the applicant;

(c) give the address within the United Kingdom to which the Care Tribunal should send documents concerning the appeal;

(d) give, where these are available, the applicant's telephone number, fax number and e-mail address and those of the applicant's representative;

(e) identify the decision or order against which the appeal is brought and give particulars of -


(i) whether the appeal is against a refusal of registration, an imposition or variation of conditions of registration, a refusal to remove or vary any condition, or a cancellation of registration;

(ii) whether the appeal is against a decision of the Regulation and Improvement Authority or an order made by a Justice of the Peace;

(iii) where the appeal is in respect of a cancellation of registration, whether the establishment or agency in respect of which the appeal is made remains open and, in the case of an establishment, the number of residents in that establishment;



(f) give a short statement of the grounds of appeal; and

(g) be signed and dated by the applicant.

(a) give the applicant's name and full postal address, if the applicant is an individual his date of birth and, if the applicant is a company, the address of its registered office;

(b) give the name, address and profession of the person (if any) representing the applicant;

(c) give the address within the United Kingdom to which the Secretary should send documents concerning the appeal;

(d) give, where these are available, the applicant's telephone number, fax number and e-mail address and those of the applicant's representative;

(e) give sufficient information concerning the decision appealed against to make it clear whether it falls within Article 78(3) or Article 94(3) of the Children (Northern Ireland) Order 1995;

(f) give a short statement of the grounds of appeal; and

(g) be signed and dated by the applicant.

(a) under Article 11(1)(a) of the 2003 Order against a decision to include him in the DWC (NI) list;

(b) under Article 70(2) or 88A(2) of the Education and Libraries (Northern Ireland) Order 1986, against a decision to prohibit or restrict the persons employment or further employment; or against a decision not to revoke or vary such a decision,

must do so by application in writing to the Secretary.

    (2) An application under this paragraph must be received by the Care Tribunal no later than the first working day after the expiry of three months from the date of the letter informing the applicant of the decision.

    (3) An application under this paragraph may be made on the application form available from the Secretary.

    (4) An application under this paragraph must -

(a) give the applicant's name, date of birth and full postal address;

(b) give sufficient information concerning the decision appealed against to make it clear whether it falls within sub-paragraph (1)(a) or (1)(b);

(c) give the reasons why the applicant believes he should not be included in the DWC (NI) list, or why he believes the decision should not have been made, or why that decision should be revoked or varied, as the case may be;

(d) give the name, address and profession of the person (if any) representing the applicant;

(e) give the address within the United Kingdom to which the Secretary should send documents concerning the appeal;

(f) give, where these are available, the applicant's telephone number, fax number and e-mail address and those of the applicant's representative; and

(g) be signed and dated by the applicant.

(a) give the applicant's name, full postal address and his date of birth;

(b) give the name, address and profession of the person (if any) representing the applicant;

(c) give the address within the United Kingdom to which the Care Tribunal should send documents concerning the appeal;

(d) give, where these are available, the applicant's telephone number, fax number and e-mail address and those of the applicant's representative;

(e) give sufficient information concerning the disqualification order;

(f) give a short statement of the grounds for requesting leave to seek review under Article 28; and

(g) be signed and dated by the applicant.

(a) give the applicant's name, date of birth and full postal address;

(b) give the reasons why the applicant believes he should not be included in the DWVA (NI) list;

(c) give the name, address and profession of the person (if any) representing the applicant;

(d) give the address within the United Kingdom to which the Secretary should send documents concerning the appeal;

(e) give, where these are available, the applicant's telephone number, fax number and e-mail address and those of the applicant's representative; and

(f) be signed and dated by the applicant.

(a) give the applicant's name, date of birth and full postal address;

(b) give the name, address and profession of the person (if any) representing the applicant;

(c) give the address within the United Kingdom to which the Care Tribunal should send documents concerning the appeal;

(d) give the applicant's telephone number, fax number and e-mail address and those of the applicant's representative where these are available;

(e) identify the decision against which the appeal is brought and give particulars of whether the appeal is against -


(i) the refusal of registration of the applicant as a social worker or, as the case may be, a social care worker in the relevant part of the register;

(ii) the removal of the applicant from a part of the register;

(iii) the suspension, or the refusal to terminate the suspension, of the applicant from a part of the register;

(iv) the grant of an application for registration subject to conditions; or

(v) the removal, alteration or restoration of an entry relating to the applicant in a part of the register;



(f) give a short statement of grounds for the appeal; and

(g) be signed and dated by the applicant.

    (5) In this Schedule, "register" means the register maintained by the Council under Section 3(1) of the 2001 Act and "relevant part" of the register means -

(a) in relation to a social worker, the part of the register for social workers; and

(b) in relation to a social care worker of a specified description, the part of the register for a social care worker of that description.