text:
Citation, commencement, duration and interpretation
1
1
These Regulations may be cited as the Child Trust Funds (Appeals) Regulations 2005 and shall come into force on the day after they are made.
2
These Regulations shall cease to have effect on such day as is appointed by order made under section 24(1) of the Child Trust Funds Act 2004 .
3
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1998;
“the 2004 Act ” means the Child Trust Funds Act 2004;
“appeal” means an appeal under section 22 of the 2004 Act to an appeal tribunal;
“ the Board ” means the Commissioners of Inland Revenue;
“the clerk to the appeal tribunal” means a clerk assigned to the appeal tribunal in accordance with regulation 7;
“decision notice” has the meaning given in regulation 18(1) and (2);
“financially qualified panel member” means a person appointed to the panel constituted under section 6 of the Act who satisfies the requirements of paragraph 4 of Schedule 3 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (financial qualifications);
“legally qualified panel member” means a person appointed to the panel constituted under section 6 of the Act who satisfies the requirements of paragraph 1 of Schedule 3 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (legal qualifications);
“notification period” has the meaning given in regulation 3;
“party to the proceedings” means the Board and any person who brings an appeal;
“ the President ” means the President of appeal tribunals appointed under section 5 of the Act.
4
In these Regulations any reference to the chairman of the appeal tribunal shall, in the case of an appeal tribunal which has only one member, include reference to that member.
Service of notices or documents
2
Where by any provision of these Regulations —
a
any notice or other document is required to be given or sent to the clerk to the appeal tribunal or to the Board, that notice or document shall be treated as having been so given or sent on the day that it is received by the clerk to the appeal tribunal or by the Board, and
b
any notice or other document is required to be given or sent to any person other than the clerk to the appeal tribunal or the Board, that notice or document shall, if sent to that person’s last known address, be treated as having been given or sent on the day that it was posted.
Disputes about notices of appeal
3
Where a dispute arises as to whether notice of an appeal was given to the Board within the period of thirty days specified in section 23(1) of the 2004 Act (“the notification period”) the dispute shall be referred to, and be determined by, a legally qualified panel member.
Late appeals
4
1
Where the conditions specified in paragraphs (2) to (8) are satisfied, an appeal may be brought within a period of one year after the expiration of the notification period.
2
An application to bring a late appeal under this regulation shall be made in writing, signed by or on behalf of the appellant and sent to the Board and it shall include sufficient information to determine —
a
the identity of the appellant;
b
whether the appellant is a relevant person within the meaning of section 22(3) of the 2004 Act or a personal representative of a child in accordance with section 22(5), if the appellant is appealing in either capacity;
c
the subject of the appeal to which the application relates;
d
the decision against which the appeal is being made; and
e
the grounds on which the applicant seeks time to appeal, including details of any relevant special circumstances for the purposes of paragraph (4).
3
An application to bring a late appeal under this regulation shall be determined by a legally qualified panel member, except that where the Board consider that the conditions in paragraphs (4)(b) to (8) are satisfied, the Board may grant the application.
4
An application to bring a late appeal shall not be granted unless —
a
the panel member is satisfied that, if the application is granted, there are reasonable prospects that the appeal will be successful; or
b
the panel member is, or the Board are, satisfied that it is in the interests of justice for the application to be granted.
5
For the purposes of paragraph (4) it is not in the interests of justice to grant an application unless the panel member is, or the Board are, as the case may be, satisfied that —
a
the special circumstances specified in paragraph (6) are relevant to the application; or
b
some other special circumstances exist which are wholly exceptional and relevant to the application,
and as a result of those special circumstances, it was not practicable for the appeal to be brought within the notification period.
6
For the purposes of paragraph (5)(a), the special circumstances are that —
a
the applicant or a partner or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
7
In determining whether it is in the interests of justice to grant the application, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the notification period and the making of the application to bring a late appeal, the more compelling should be the special circumstances on which the application is based.
8
In determining whether it is in the interests of justice to grant an application, no account shall be taken of the following —
a
that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the notification period); or
b
that a Social Security Commissioner or a court has taken a different view of the law from that previously understood and applied.
9
An application under this regulation for a late appeal which has been refused may not be renewed.
10
The panel member who determines an application under this regulation shall record a summary of his decision in such written form as has been approved by the President.
11
As soon as practicable after the decision is made a copy of the decision shall be sent or given to every party to the proceedings.
Death of a party to an appeal
5
In any proceedings relating to an appeal under section 22(2), (4), (5) or (6) of the 2004 Act, on the death of a party to the proceedings (other than the Board) the personal representative of the person who has died may represent him at any hearing.
Composition of appeal tribunals
6
1
Subject to paragraphs (2) and (3), an appeal tribunal for the purposes of these Regulations shall consist of one legally qualified panel member.
2
An appeal tribunal shall consist of a financially qualified panel member and a legally qualified panel member where the appeal may require consideration by members of the appeal tribunal of financial issues which are, in the opinion of the President, difficult and which relate to the administration of a child trust fund.
3
The President may determine that the appeal tribunal shall include such an additional member drawn from the panel constituted under section 6 of the Act as he considers appropriate for the purposes of providing further experience for that additional panel member or for assisting the President in the monitoring of standards of decision making by panel members.
Clerk to an appeal tribunal
7
For the purposes of an appeal the Secretary of State shall assign a clerk to service each appeal tribunal and the clerk so assigned shall be responsible for summoning members of the panel constituted under section 6 of the Act to serve on the tribunal.
Consideration and determination of appeals
8
1
The procedure in connection with the consideration and determination of an appeal shall, subject to the following provisions of these Regulations, be such as a legally qualified panel member shall determine.
2
A legally qualified panel member may give directions requiring a party to the proceedings to comply with any provision of these Regulations and may at any stage of the proceedings, either of his own motion or on a written application made to the clerk to the appeal tribunal by any party to the proceedings, give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to the proceedings to provide such particulars or to produce such documents as may be reasonably required.
3
Where a clerk to the appeal tribunal is authorised to take steps in relation to the procedure of the tribunal he may give directions requiring any party to the proceedings to comply with any provision of these Regulations.
Choice of hearing
9
1
Where an appeal is made to an appeal tribunal the appellant and any other party to the proceedings shall notify the clerk to the appeal tribunal, on a form approved by the Secretary of State, whether he wishes to have an oral hearing or whether he is content for the appeal to proceed without an oral hearing.
2
The form shall include a statement informing the appellant that, if he does not notify the clerk to the appeal tribunal as required by paragraph (1) within the period specified in paragraph (3), the appeal may be struck out in accordance with regulation 13(1).
3
Notification in accordance with paragraph (1) —
a
if given by the appellant, must be given or sent to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to him; or
b
if given by the Board, must be given or sent to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to the appellant,
or within such longer period as the clerk may direct.
4
Where an oral hearing is requested in accordance with paragraphs (1) and (3) the appeal tribunal shall hold an oral hearing unless the appeal is struck out under regulation 13(1).
5
The chairman of the appeal tribunal may of his own motion direct that an oral hearing of the appeal be held if he is satisfied that such a hearing is necessary to enable the appeal tribunal to reach a decision.
Withdrawal of appeal
10
1
At any time before an appeal is determined it may be withdrawn by the appellant either —
a
at an oral hearing; or
b
by giving notice in writing of withdrawal to the clerk to the appeal tribunal.
2
If an appeal is withdrawn in accordance with paragraph (1)(a), the clerk to the appeal tribunal shall send a notice in writing to any party to the proceedings who is not present when the appeal is withdrawn informing him that the appeal has been withdrawn.
3
If an appeal is withdrawn in accordance with paragraph (1)(b), the clerk to the appeal tribunal shall send a notice in writing to every party to the proceedings informing him that the appeal has been withdrawn.
Summoning of witnesses and administration of oaths
11
1
The chairman of the appeal tribunal may by summons, or in Scotland, by citation, require any person in Great Britain to attend as a witness at a hearing of an appeal at such time and place as shall be specified in the summons or citation and, subject to paragraph (2), at the hearing to answer any question or produce any documents in his custody or under his control which relate to any matter in question in that appeal but —
a
no person shall be required to attend in obedience to such summons or citation unless he has been given at least 14 days' notice of the hearing or, if less than 14 days' notice is given, he has informed the tribunal that the notice given is sufficient; and
b
no person shall be required to attend and give evidence or to produce any document in obedience to such summons or citation unless the necessary expenses of attendance are paid or tendered to him.
2
No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce on a trial of an action in a court of law in that part of Great Britain where the hearing takes place.
3
In exercising the powers conferred by this regulation, the chairman of the appeal tribunal shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, consists of information communicated or obtained in confidence or concerns national security.
4
Every summons or citation issued under this regulation shall contain a statement to the effect that the person in question may apply in writing to a legally qualified panel member to vary or set aside the summons or citation.
5
The chairman of the appeal tribunal may require any witness, including a witness summoned under the powers conferred by this regulation, to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
Confidentiality in appeals
12
1
In the circumstances prescribed in paragraph (2), for the purposes of paragraph 7 of Schedule 1 to the Act (confidentiality), in an appeal the prescribed material is —
a
the address of the eligible child within the meaning of section 2 of the 2004 Act and, in relation to an appeal under of 22(2) of that Act, the address of any relevant person within the meaning of section 22(3); and
b
information the use of which could reasonably be expected to lead to the location of any person specified in sub-paragraph (a).
2
Paragraph (1) applies where a relevant person within the meaning of section 22(3) of the 2004 Act, or a local authority with parental responsibility within the meaning of section 3(9) of that Act in relation to the eligible child, notifies the Board —
a
when notice of appeal is given to the Board under section 23(1) of that Act; or
b
in response to an enquiry by the Board if notification is within 14 days of the enquiry,
that he or it would like the information specified in paragraph (1) to remain confidential.
Appeals which may be struck out
13
1
Subject to paragraphs (2) and (3), an appeal may be struck out by the clerk to the appeal tribunal —
a
for want of prosecution including an appeal not made within the time specified in section 23(1) of the 2004 Act and regulation 4;
b
for failure of the appellant to comply with a direction given under these Regulations where the appellant has been notified that failure to comply with the direction could result in the appeal being struck out; or
c
for failure of the appellant to notify the clerk to the appeal tribunal, in accordance with regulation 9, whether or not he wishes to have an oral hearing of his appeal.
2
Where the clerk to the appeal tribunal determines to strike out the appeal, he shall notify the appellant that his appeal has been struck out and of the procedure for reinstatement of the appeal as specified in regulation 14.
3
The clerk to the appeal tribunal may refer any matter for determination under this regulation to a legally qualified panel member for decision by the panel member rather than the clerk to the appeal tribunal.
Reinstatement of struck out appeals
14
1
The clerk to the appeal tribunal may reinstate an appeal which has been struck out in accordance with regulation 13(1)(c) where —
a
the appellant has made representations to him or, as the case may be, further representations in support of his case with reasons why he considers that his appeal should not have been struck out;
b
the representations are made in writing within one month of the order to strike out the appeal being issued; and
c
the clerk is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal,
but if the clerk is not satisfied that there are reasonable grounds for reinstatement a legally qualified panel member shall consider whether the appeal should be reinstated in accordance with paragraph (2).
2
A legally qualified panel member may reinstate an appeal which has been struck out in accordance with regulation 13 where —
a
the appellant has made representations or, as the case may be, further representations in support of his case with reasons why he considers that his appeal should not have been struck out, to the clerk to the appeal tribunal, in writing within one month of the order to strike out the appeal being issued, and the panel member is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal;
b
the panel member is satisfied that the appeal is not an appeal which may be struck out under regulation 13; or
c
the panel member is satisfied that notwithstanding that the appeal is one which may be struck out under regulation 13, it is not in the interests of justice for the appeal to be struck out.
Procedure at oral hearings
15
1
Subject to regulations 16, 17 and 20, the procedure for an oral hearing shall be such as the chairman of the appeal tribunal shall determine.
2
Except where paragraph (4) applies, not less than 14 days' notice (beginning with the day on which notice is given and ending on the day before the hearing of the appeal is to take place) of the time and place of any oral hearing of an appeal shall be given to every party to the proceedings.
3
If such notice has not been given to a person to whom it should have been given under the provisions of paragraph (2) the hearing may proceed only with the consent of that person.
4
Any party to the proceedings may waive his right under paragraph (2) to receive not less than 14 days' notice of the time and place of any oral hearing by giving notice to the clerk to the appeal tribunal.
5
If a party to the proceedings to whom notice has been given under paragraph (2) fails to appear at the hearing the chairman of the appeal tribunal may, having regard to all the circumstances including any explanation offered for the absence —
a
proceed with the hearing notwithstanding his absence; or
b
give such directions with a view to the determination of the appeal as he may think proper.
6
If a party to the proceedings has waived his right to be given notice under paragraph (2) the chairman of the appeal tribunal may proceed with the hearing notwithstanding his absence.
7
An oral hearing of an appeal shall be in public except where the chairman of the appeal tribunal is satisfied that it is necessary to hold the hearing, or part of the hearing, in private —
a
in the interests of national security, morals, public order or children;
b
for the protection of private or family life of one or more parties to the proceedings; or
c
in special circumstances, because publicity would prejudice the interests of justice.
8
At an oral hearing —
a
any party to the proceedings shall be entitled to be present and be heard; and
b
the following persons may be present by means of a live television link —
i
a party to the proceedings or his representative or both; or
ii
where an appeal tribunal consists of more than one member, a tribunal member other than the chairman,
provided that the chairman of the appeal tribunal gives permission.
9
A person who has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at the hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled.
10
The following persons shall also be entitled to be present at an oral hearing (whether or not it is otherwise in private) but shall take no part in the proceedings —
a
the President;
b
any person undergoing training as a chairman or member of an appeal tribunal or as a clerk to an appeal tribunal;
c
any person acting on behalf of the President in the training or supervision of panel members or in the monitoring of standards of decision-making by panel members;
d
with the leave of the chairman of the appeal tribunal, any other person; and
e
a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals.
11
Nothing in paragraph (10) affects the rights of —
a
any person mentioned in sub-paragraphs (a) and (b) of that paragraph where he is sitting as a member of a tribunal or acting as its clerk; or
b
the clerk to the tribunal,
and nothing in this regulation prevents the presence at an oral hearing of any witness or of any person whom the chairman of the appeal tribunal permits to be present in order to assist the appeal tribunal or the clerk.
12
Any person entitled to be heard at an oral hearing may address the tribunal, may give evidence, may call witnesses and may put questions directly to any other person called as a witness.
13
For the purpose of arriving at its decision an appeal tribunal shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal, other than the person acting as clerk to the appeal tribunal, to withdraw from the hearing except that —
a
a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals, the President or any other person mentioned in paragraph (10)(c); and
b
with the leave of the chairman of the appeal tribunal, any person mentioned in paragraph (10)(b) or (d),
may remain present at any such sitting.
14
In this regulation “live television link” means a live television link or other facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by those physically present.
Manner of providing expert assistance
16
1
Where an appeal tribunal requires one or more experts to provide assistance to it in dealing with a question of fact of special difficulty under section 7(4) of the Act, such an expert shall, if the chairman of the appeal tribunal so requests, attend at the hearing and give evidence.
2
If the chairman of the appeal tribunal considers it appropriate, the expert shall enquire into and provide a written report on the question to be dealt with in accordance with paragraph (1).
3
A copy of any written report received from an expert in accordance with paragraph (2) shall be supplied to every party to the proceedings.
Postponement and adjournment
17
1
Where a person to whom notice of an oral hearing is given wishes to request a postponement of that hearing he shall do so in writing to the clerk to the appeal tribunal stating his reasons for the request, and the clerk may grant or refuse the request as he thinks fit or may pass the request to a legally qualified panel member who may grant or refuse the request as he thinks fit.
2
Where the clerk to the appeal tribunal or the panel member, as the case may be, refuses a request to postpone the hearing he shall —
a
notify in writing the person making the request of the refusal; and
b
place before the appeal tribunal at the hearing both the request for the postponement and notification of its refusal.
3
A panel member or the clerk to the appeal tribunal may of his own motion at any time before the beginning of the hearing postpone the hearing.
4
An oral hearing may be adjourned by the appeal tribunal at any time on the application of any party to the proceedings or of its own motion.
Decisions of appeal tribunals
18
1
Every decision of an appeal tribunal shall be recorded in summary by the chairman of the appeal tribunal and shall be referred to as a decision notice.
2
The decision notice specified in paragraph (1) shall be in such written form as shall have been approved by the President and shall be signed by the chairman of the appeal tribunal.
3
As soon as may be practicable after an appeal has been decided by an appeal tribunal, a copy of the decision notice shall be sent or given to every party to the proceedings who shall also be informed of —
a
his right under paragraph (4); and
b
the conditions governing appeals to a Social Security Commissioner.
4
Subject to paragraph (5), a party to the proceedings may apply in writing to the clerk to the appeal tribunal for a statement of the reasons for the tribunal’s decision within one month of the sending or giving of the decision notice to every party to the proceedings or within such longer period as may be allowed in accordance with regulation 19.
5
Where —
a
the decision notice is corrected in accordance with regulation 21; or
b
an application under regulation 22 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,
the period specified in paragraph (4) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.
6
Following the application made under paragraph (4), the chairman of the appeal tribunal shall record a statement of the reasons and a copy of that statement shall be given or sent to every party to the proceedings as soon as may be practicable.
7
If the decision is not unanimous, the decision notice specified in paragraph (1) shall record that one of the members dissented and the statement of reasons referred to in paragraph (6) shall include the reasons given by the dissenting member for dissenting.
Late applications for statements of reasons of tribunal decisions
19
1
The time for making an application for the statement of reasons for an appeal tribunal’s decision may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but, subject to regulation 18(5), no application shall in any event be brought more than three months after the date of the sending or giving of the notice of the decision of the appeal tribunal.
2
An application for an extension of time under this regulation shall be made in writing and shall be determined by a legally qualified panel member.
3
An application under this regulation shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (4).
4
The application for an extension of time shall not be granted unless the panel member is satisfied that it is in the interests of justice for the application to be granted.
5
For the purposes of paragraph (4) it is not in the interests of justice to grant the application unless the panel member is satisfied that —
a
the special circumstances specified in paragraph (6) are relevant to the application; or
b
some other special circumstances are relevant to the application,
and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 18(4).
6
For the purposes of paragraph (5)(a), the special circumstances are that —
a
the applicant or a partner or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
7
In determining whether it is in the interests of justice to grant the application, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the application for a copy of the statement of reasons for a tribunal’s decision is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.
8
In determining whether it is in the interests of justice to grant the application, no account shall be taken of the following —
a
that the person making the application or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
b
that a Social Security Commissioner or a court has taken a different view of the law from that previously understood and applied.
9
An application under this regulation for an extension of time which has been refused may not be renewed.
10
The panel member who determines an application under this regulation shall record a summary of his determination in such written form as has been approved by the President.
11
As soon as practicable after the determination is made, notice of the determination shall be sent or given to every party to the proceedings.
12
Any person who under paragraph (11) receives notice of the determination may, within one month of the determination being sent to him, apply in writing for a copy of the reasons for that determination and a copy shall be supplied to him.
Record of tribunal proceedings
20
1
A record of the proceedings at an oral hearing, which is sufficient to indicate the evidence taken, shall be made by the chairman of the appeal tribunal in such medium as he may direct.
2
The clerk to the appeal tribunal shall preserve —
a
the record of proceedings;
b
the decision notice; and
c
any statement of the reasons for the tribunal’s decision,
for the period specified in paragraph (3).
3
That period is six months from the date of —
a
the decision made by the appeal tribunal;
b
any statement of reasons for the tribunal’s decision;
c
any correction of the decision in accordance with regulation 21;
d
any refusal to set aside the decision in accordance with regulation 22; or
e
any determination of an application under regulation 25 for leave to appeal against the decision,
or until those documents are sent to the office of the Social Security Commissioners in connection with an appeal against the decision, or an application to a Social Security Commissioner for leave to appeal, if either occurs within the six months.
4
Any party to the proceedings may within the period specified in paragraph (3) apply in writing for a copy of the record of proceedings and a copy shall be supplied to him.
Correction of accidental errors
21
1
The clerk to the appeal tribunal or a legally qualified panel member may at any time correct accidental errors in the notice of any decision of an appeal tribunal made under the 2004 Act.
2
A correction made to a decision notice shall be deemed to be part of the decision notice and written notice of it shall be given as soon as practicable to every party to the proceedings.
Setting aside decisions on certain grounds
22
1
On an application made by a party to the proceedings, a decision of an appeal tribunal made on an appeal may be set aside by a legally qualified panel member in a case where it appears just to set the decision aside on the ground that —
a
a document relating to the proceedings in which the decision was made was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the person who made the decision;
b
a party to the proceedings in which the decision was made or the party’s representative was not present at a hearing relating to the proceedings.
2
In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the panel member shall determine whether the party making the application gave notice that he wished to have an oral hearing, and if that party did not give such notice the decision shall not be set aside unless that member is satisfied that the interests of justice manifestly so require.
3
An application under this regulation shall —
a
be made within one month of the date on which —
i
a copy of the decision notice is sent or given to the parties to the proceedings in accordance with regulation 18(3); or
ii
the statement of the reasons for the decision is given or sent in accordance with regulation 18(6),
whichever is the later;
b
be in writing and signed by a party to the proceedings or, where the party has provided written authority to a representative to act on his behalf, that representative;
c
contain particulars of the grounds on which it is made; and
d
be sent to the clerk to the appeal tribunal.
4
Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
5
Where a legally qualified panel member refuses to set aside a decision he may treat the application to set aside the decision as an application under regulation 18(4) for a statement of the reasons for the tribunal’s decision, subject to the time limits set out in regulation 18(4) and (5).
6
Notice in writing of a determination on an application to set aside a decision shall be sent or given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
7
The time within which an application under this regulation must be made may be extended by a period not exceeding one year where the conditions specified in paragraphs (8) to (12) are satisfied.
8
An application for an extension of time shall be made in accordance with paragraph (3)(b) to (d), shall include details of any relevant special circumstances for the purposes of paragraph (10) and shall be determined by a legally qualified panel member.
9
An application for an extension of time shall not be granted unless the panel member is satisfied that —
a
if the application is granted there are reasonable prospects that the application to set aside will be successful; and
b
it is in the interests of justice for the application for an extension of time to be granted.
10
For the purposes of paragraph (9) it is not in the interests of justice to grant an application for an extension of time unless the panel member is satisfied that —
a
the special circumstances specified in paragraph (11) are relevant to the application; or
b
some other special circumstances exist which are wholly exceptional and relevant to that application,
and as a result of those special circumstances, it was not practicable for the application to set aside to be made within the time limit specified in paragraph (3)(a).
11
For the purposes of paragraph (10)(a), the special circumstances are that —
a
the applicant or a partner or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
12
In determining whether it is in the interests of justice to grant an application for an extension of time, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application to set aside is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application for an extension is based.
13
An application under this regulation for an extension of time which has been refused may not be renewed.
Provisions common to regulations 21 and 22
23
1
There shall be no appeal against a correction made under regulation 21 or a refusal to make such a correction or against a determination made under regulation 22.
2
Nothing in regulation 21 or 22 shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.
Service of decision notice by electronic mail
24
For the purposes of the time limits in regulations 18 to 22, a properly addressed copy of a decision notice sent by electronic mail is effective from the date it is sent.
Application for leave to appeal to a Commissioner from an appeal tribunal
25
1
Subject to paragraph (2), an application for leave to appeal to a Social Security Commissioner from a decision on an appeal shall —
a
be sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent a written statement of the reasons for the decision against which leave to appeal is sought;
b
be in writing and signed by the applicant or, where he has provided written authority to a representative to make the application on his behalf, by that representative;
c
contain particulars of the grounds on which the applicant intends to rely;
d
contain sufficient particulars of the decision of the appeal tribunal to enable the decision to be identified; and
e
if the application is made late, contain the grounds for seeking late acceptance.
2
Where after the written statement of the reasons for the decision has been sent to the parties to the proceedings —
a
the decision notice is corrected in accordance with regulations 21; or
b
an application under regulation 22 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application,
the period specified in paragraph (1)(a) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant
3
Where an application for leave to appeal to a Social Security Commissioner is made by the Board, the clerk to an appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.
4
A person determining an application for leave to appeal to a Social Security Commissioner shall record his determination in writing and send a copy to every party to the proceedings.
5
Where there has been a failure to apply for leave to appeal within the period of time specified in paragraph (1)(a) or (2) but an application is made within one year of the last date for making an application within that period, a legally qualified panel member may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.
6
Where an application for leave to appeal against a decision of an appeal tribunal is made —
a
if the chairman of the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or
b
if it is impracticable, or would be likely to cause undue delay, for the application to be determined by whoever was the chairman of the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th March 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2005 and shall come into force on 4 th April 2005.
2
In these Rules, a reference to a rule by number alone refers to the rule so numbered in the Asylum and Immigration Tribunal (Procedure) Rules 2005 .
Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 2005
2
In rule 3(1) —
a
at the end of sub-paragraph (d), omit “and”;
b
after sub-paragraph (e) insert–
; and
f
proceedings incidental to any of the above proceedings, including in particular applications relating to the Tribunal’s exercise of its powers under section 103D of the 2002 Act (Reconsideration: legal aid).
.
3
After rule 28 insert —
Orders for funding on section 103A applications
28A
1
This rule applies where a section 103A application has been made by an appellant in relation to an appeal decided in England, Wales or Northern Ireland.
2
If an immigration judge, when he considers a section 103A application, makes an order under section 103D(1) of the 2002 Act, the Tribunal must send a copy of that order to–
a
the appellant’s representative; and
b
the relevant funding body.
3
If, pursuant to regulations under section 103D of the 2002 Act, the appellant’s representative applies for an order under section 103D(1) of the 2002 Act where an immigration judge has made an order for reconsideration of an appeal but the reconsideration does not proceed–
a
the immigration judge may decide that application without a hearing; and
b
the Tribunal must send notice of his decision to–
i
the appellant’s representative; and
ii
if he makes an order under section 103D(1), the relevant funding body.
4
In a case to which rule 27(5) applies, the Tribunal must not send an order or decision under this rule to the appellant’s representative until either–
a
the respondent has notified the Tribunal under rule 27(5)(c) that it has served the documents mentioned in rule 27(5)(b) on the appellant; or
b
the Tribunal has served those documents on the appellant under rule 27(5)(d).
5
In this rule, “relevant funding body” has the same meaning as in rule 33.
.
4
In rule 33, after paragraph (4) insert —
4A
Where, in accordance with regulations under section 103D of the 2002 Act, a senior immigration judge reviews a decision by the Tribunal not to make an order under section 103D(3), the Tribunal must send notice of the decision upon that review to–
a
the appellant’s representative; and
b
if the senior immigration judge makes an order under section 103D(3), the relevant funding body.
.
Falconer of Thoroton, C.
13th March 2005


text:
Citation, commencement and application
1
1
This Scheme shall be known as the Tax Credits (Approval of Child Care Providers) Scheme 2005 and shall come into force on 6 th April 2005.
2
This Scheme applies in relation to England.
Definitions
2
In this Scheme–
“the 1989 Act ” means the Children Act 1989 ;
“approval body” means the body referred to in article 3;
“approval criteria” has the meaning given to it in article 7;
“child” has the meaning attributed to it by the Child Tax Credit Regulations 2002 ;
“domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle;
“parent” includes a person who–
has parental responsibility for a child;
is a local authority foster parent in relation to a child;
is a foster parent with whom a child has been placed by voluntary organisation; or
fosters a child privately;
“parental responsibility” and “fosters a child privately” have the meanings attributed to those respective expressions by sections 3 and 66 of the 1989 Act;
“qualifying child care” has the meaning ascribed to it in article 5;
“relative” in relation to a child means a grand-parent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or a step-parent;
“relevant first-aid certificate” means a certificate in respect of a course of first-aid training–
which is suitable to the care of babies and children;
which includes training in the following areas: dealing with emergencies; resuscitation; shock; choking; anaphylactic shock; and
which has been undertaken by the applicant not more than three years before the date upon which the application for approval is made;
“the Tribunal” means the Tribunal established by section 9 of the Protection of Children Act 1999 ;
“the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 .
Specified body
3
The body specified for the purpose of giving approvals under this Scheme is Nestor Primecare Services Limited.
Requirements of the Scheme
4
For the purposes of regulations made under section 12 of the Tax Credits Act 2002 , a person shall be a child care provider approved in accordance with this Scheme only–
a
if he is for the time being approved by the approval body; and
b
in respect of the provision by him of qualifying child care.
Qualifying Child Care
5
1
Qualifying child care means care for a child provided by an individual on domestic premises for reward but does not include care referred to in paragraph (2).
2
Qualifying child care does not include–
a
childminding which is subject to registration pursuant to Part 10A of the 1989 Act ;
b
child care provided wholly or mainly in the child’s own home in respect of a child to whom the provider is a parent or relative; or
c
child care provided wholly or mainly in the home of a relative of the child where such care is usually provided solely in respect of one or more child to whom the provider is a parent or relative.
Approved person
6
1
A person shall be given approval as a child care provider under this Scheme if the approval body is satisfied that the approval criteria are met in relation to that person.
2
A person who has been given approval under paragraph (1) shall cease to be so approved if that approval is withdrawn by the approval body.
3
The approval body may withdraw an approval if satisfied that the approval criteria are no longer met in relation to that person.
Approval criteria
7
In relation to an application for approval as a child care provider the approval criteria are–
a
that the applicant is 18 years of age or over;
b
that the applicant–
i
has obtained one of the qualifications from time to time specified in a list maintained by the Department for Education and Skills for the purpose of this article; or
ii
has attended a basic course of training in the care of children being one specified in a list maintained by the Department for Education and Skills for the purpose of this article;
c
that the applicant has obtained a relevant first-aid certificate; and
d
that the applicant is not considered unsuitable to work with or have unsupervised access to children.
Approval system
8
1
The approval body shall operate a system for the determination of applications for approval made to it under this Scheme and shall make adequate arrangements to publicise the details of that system.
2
Without prejudice to the generality of paragraph (1), the approval system referred to in that paragraph shall in particular–
a
provide for a procedure by which an applicant may apply for approval;
b
set out requirements relating to the provision by an applicant of documentary or other evidence necessary to demonstrate that the approval criteria are met;
c
provide for a procedure whereby approvals may be withdrawn;
d
provide for the applicant to be given notice in writing in respect of a determination to grant, refuse or withdraw an approval;
e
provide for a procedure whereby it may be ascertained whether an individual is for the time being approved under the Scheme; and
f
provide for the keeping of appropriate records relating to applications for approvals and to the grant, refusal or withdrawal of such approvals.
3
The approval body shall maintain a record of those persons to whom an approval is granted for the time being under this Scheme.
4
The records referred to in paragraphs (2) and (3) may be kept by means of a computer.
Provision of information by approval body
9
The approval body shall supply to the Commissioners of Inland Revenue such information as they may require for the discharge of any of their functions relating to working tax credit and which is information relating to the approval, or the refusal or withdrawal of approval, of persons under this Scheme.
Period of approval
10
1
An approval given under this Scheme shall state the period of its validity which shall not exceed a period of 12 months.
2
Nothing in this article shall prejudice the application of article 6(2).
Appeals
11
1
Where the approval body refuses an application for the grant of an approval or withdraws an approval previously granted, an appeal shall lie to the Tribunal against that decision.
2
The provisions of the Tribunal Regulations shall apply to an appeal under paragraph (1) as they apply to an appeal under section 79M of the 1989 Act and as if those provisions were set out in this Scheme, but with the modifications referred to in paragraph (3).
3
Schedule 2 to the Tribunal Regulations shall apply as if–
a
any reference to an appeal under the 1989 Act were a reference to an appeal under article 11(1) of this Scheme;
b
any reference to any registration were a reference to an approval given under this Scheme;
c
any reference to the cancellation of registration were a reference to the withdrawal of an approval under this Scheme;
d
any reference to the registration body or the respondent were a reference to the approval body; and
e
paragraph 3(3)(c) of that Schedule were modified as specified in paragraph (4) of this article and any reference to the said paragraph 3 were a reference to that paragraph as so modified.
4
The said paragraph 3(3)(c) shall apply as if–
a
the decision referred to in sub-paragraph (ii) of that paragraph were to the decision to refuse to grant or to withdraw an approval under this Scheme; and
b
sub-paragraph (iii) of that paragraph did not apply.
5
On an appeal, the Tribunal may–
a
confirm the refusal to grant the approval or the withdrawal of the approval;
b
direct that the said refusal or withdrawal shall not have, or shall cease to have, effect; or
c
direct the approval body to reconsider any decision which is the subject of the appeal.
Fees
12
The approval body may charge any person seeking approval under this Scheme such reasonable fee as it shall, subject to the approval of the Secretary of State, determine.
Revocation and saving
13
1
Subject to paragraph (2), the Tax Credit (Approval of Home Child Care Providers) Scheme 2003 (hereinafter referred to as “the 2003 Scheme”) is hereby revoked.
2
The provisions of the 2003 Scheme shall continue to have effect to the extent necessary to give full effect to paragraph (3).
3
Any approval granted to any child care provider under the 2003 Scheme and which is in force on 6 th April 2005 shall continue to have effect in respect of that provider under that Scheme until whichever is the earliest of–
a
the date on which the approval is withdrawn or suspended in accordance with the 2003 Scheme;
b
the date on which the child care provider concerned is given an approval by the approval body pursuant to article 6 of this Scheme; or
c
31 st December 2005.
Margaret Hodge
Minister of State
Department for Education and Skills
24th January 2005


text:
1
These Regulations may be cited as the Textile Products (Indications of Fibre Content) (Amendment) Regulations 2005 and shall come into force on 1st October 2005.
2
1
The Textile Products (Indications of Fibre Content) Regulations 1986 are amended as follows–
a
in Part I of Schedule 2, by inserting the following entry after 28C–
Nos. Column 1 Column 2 Name Fibre Description
28D Polylactide Fibre formed of linear macro-molecules having in the chain at least 85% (by mass) of lactic acid ester units derived from naturally occurring sugars, and which has a melting temperature of at least 135 °C.
b
in Schedule 3, by inserting the following entry after 28C–
Fibre No in Schedule 2 Fibre Percentage
28D Polylactide 1.50
Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations and Consumer Affairs
Department of Trade and Industry
23rd May 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Care Standards Commission (Commission for Social Care Inspection) (Fees and Frequency of Inspections) (Adoption Agencies) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
These Regulations apply to England only.
3
In these Regulations, “the principal Regulations ” means the National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003 .
Amendment of regulation 3 of the principal Regulations
2
Regulation 3 of the principal Regulations (registration fees) is amended as follows —
a
in paragraph (1)(a), for “£1,100” substitute “£1,320”;
b
in paragraph (1)(b)(i), for “£1,100” substitute “£1,320”;
c
in paragraph (1)(b)(ii), for “£300” substitute “£360”;
d
in paragraph (2)(a), for “£300” substitute “£360”;
e
in paragraph (2)(b)(i), for “£1,100” substitute “£1,320”; and
f
in paragraph (2)(b)(ii), for “£300” substitute “£360”.
Amendment of regulation 4 of the principal Regulations
3
Regulation 4 of the principal Regulations (variation fees) is amended as follows —
a
in paragraph (1)(a), for “£550” substitute “£660”;
b
in paragraph (1)(b), for “£300” substitute “£360”;
c
in paragraph (2)(a), for “£1,100” substitute “£1,320”;
d
in paragraph (2)(b), for “£300” substitute “£360”; and
e
in paragraph (3), for “£50” substitute “£60”.
Amendment of regulation 5 of the principal Regulations
4
Regulation 5 of the principal Regulations (annual fees – voluntary adoption agencies) is amended as follows —
a
in paragraph (1)(a), for “£500” substitute “£600”;
b
in paragraph (1)(b)(i), for “£500” substitute “£600”;
c
in paragraph (1)(b)(ii) for “£250” substitute “£300”;
d
in paragraph (2)(a) for “£250” substitute “£300”;
e
in paragraph (2)(b)(i) for “£500” substitute “£600”; and
f
in paragraph (2)(b)(ii) for “£250” substitute “£300”.
Revocation of regulation 6 of the principal Regulations
5
Regulation 6 of the principal Regulations (annual fees – local authorities) is hereby revoked .
Filkin
Parliamentary Under-Secretary of State
Department for Education and Skills
10th March 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2005 and shall come into force on 28 th February 2005.
2
These Regulations do not extend to Scotland.
Prescribed police stations
2
The police stations listed in Schedule 1 and Schedule 2 to these Regulations are hereby prescribed for the purposes of section 87(1)(a) of the Sexual Offences Act 2003.
Revocation
3
The Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2004 are herby revoked.
Paul Goggins
Parliamentary Under Secretary of State
Home Office
3rd February 2005


text:
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 10 and Saving Provisions) Order 2005.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
2
1
Subject to paragraph (3), the provisions of the 2003 Act specified in paragraph (2) shall come into force in relation to Northern Ireland on 15th July 2005.
2
The provisions referred to in paragraph (1) are —
a
section 32 (initial duty of disclosure by prosecutor);
b
section 33(2) (defence disclosure);
c
section 36 (further provisions about defence disclosure);
d
section 37 (continuing duty of disclosure by prosecutor);
e
section 38 (application by defence for disclosure);
f
section 39 (faults in defence disclosure), except in so far as it inserts new section 11(4), (7) and (11) of the Criminal Procedure and Investigations Act 1996 ;
g
section 331 (further minor and consequential amendments) to the extent necessary to bring into force the provisions of Schedule 36 (further minor and consequential amendments) specified in sub-paragraph (i);
h
section 332 (repeals) to the extent necessary to bring into force the provisions of Schedule 37 (repeals) specified in sub-paragraph (j);
i
Part 3 of Schedule 36 (further minor and consequential amendments: disclosure); and
j
Part 3 of Schedule 37 (repeals: disclosure).
3
The coming into force of the provisions referred to in paragraph (2) is of no effect in relation to alleged offences into which a criminal investigation within the meaning of section 1(4) of the Criminal Procedure and Investigations Act 1996 has begun before 15th July 2005.
3
1
Section 307(4) (enforcement of regulations implementing Community legislation on endangered species) shall come into force on 21st July 2005.
Fiona Mactaggart
Parliamentary Under-Secretary of State
Home Office
5th July 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Modification of Pension Protection Provisions) Regulations 2005.
2
These Regulations come into force on 6th April 2005.
Valuations of assets and liabilities for determining if the Board must assume responsibility for schemes
2
1
Section 143 of the Pensions Act 2004 (Board’s obligation to obtain valuation of assets and protected liabilities) is amended in accordance with paragraphs (2) and (3).
2
After subsection (5) insert —
5A
Subsection (5B) applies if–
a
during the pre-approval period any liability to provide pensions or other benefits to or in respect of any member or members under the scheme is discharged by virtue of regulations under section 135(4) or the Board validating any action mentioned in section 135(9), and
b
at the relevant time the protected liabilities of the scheme include any cost within section 131(1)(a) relating to compensation in respect of those pensions or other benefits.
5B
If this subsection applies, for the purposes mentioned in subsection (2)–
a
in determining that cost the effect of the discharge on the compensation payable in respect of those pensions or other benefits under paragraph 23A of Schedule 7 must be taken into account,
b
in a case where assets of the scheme at the relevant time were transferred from the scheme during the pre-approval period in consideration for the discharge, those assets are not to be regarded as assets of the scheme at the relevant time, and
c
in a case where assets that were not assets of the scheme at that time (“later-acquired assets”) were so transferred, the value of the assets of the scheme at that time is to be reduced by the value of the later-acquired assets at the time of the discharge.
.
3
In subsection (9) after “or (4)” insert “or by virtue of subsection (5B)”.
4
In section 158 of that Act (duty to assume responsibility for closed schemes) in subsection (6)(a) for the words from “subsections” to “section 143” substitute “subsections (3), (5), (5A), (5B) and (11)(b) and (c) of section 143”.
Effect of discharge of liability on compensation under Schedule 7 to the Pensions Act 2004
3
After paragraph 23 of Schedule 7 to the Pensions Act 2004 (pension compensation provisions) the following paragraph is inserted —
Effect of discharge of liability during or immediately before assessment period
23A
1
This paragraph applies if —
a
at any time during the assessment period in relation to the scheme (or, if there has been more than one such assessment period, the last one) any liability to provide pensions or other benefits to or in respect of any member or members under the scheme is discharged by virtue of —
i
regulations under section 135(4), or
ii
the Board validating any action mentioned in section 135(9), or
b
any such liability is discharged on the assessment date, but before the commencement of the assessment period,
and compensation is payable in accordance with this Schedule in respect of the pensions or other benefits (apart from this paragraph).
2
Any entitlement to compensation under this Schedule in respect of the pensions or other benefits that arose before the discharge ceases on the discharge, except so far as the entitlement was to a payment falling to be made before the discharge.
3
After the discharge any compensation payable under this Schedule in respect of the pensions or other benefits is determined on the basis that–
a
the discharge occurred immediately before the assessment date, and
b
the admissible rules of the scheme provided —
i
for the discharge to occur at that time, and
ii
accordingly, for entitlement under those rules to the pensions or other benefits then to cease or, as the case may be, to cease to the extent to which liability in respect of them is discharged.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
16th March 2005


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Energy-Saving Items Regulations 2005 and shall come into force on 7th April 2005.
2
They shall have effect in relation to expenditure incurred on or after 7th April 2005.
Items of an energy-saving nature
2
For the purposes of section 312(5)(c) of the Income Tax (Trading and Other Income) Act 2005 (deduction for expenditure on energy-saving items), solid wall insulation is specified as an item of an energy-saving nature.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th April 2005


text:
PART 1
GENERAL
Citation and commencement
1
This Order may be cited as the Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 and shall come into force on 5th December 2005.
Extent
2
1
This Order does not extend to the Channel Islands or the Isle of Man.
2
Subject to paragraph (1), any amendment made by this Order has the same extent as the provision subject to amendment.
PART 2
OVERSEAS RELATIONSHIPS
Amendments of Schedule 20 to the Civil Partnership Act 2004
3
In Schedule 20 to the Civil Partnership Act 2004 (meaning of overseas relationship: specified relationships), in the table —
a
in the first entry relating to Belgium, for “cohabitation légale (statutory cohabitation)” substitute “the relationship referred to as cohabitation légale, wettelijke samenwoning or gesetzliches zusammenwohnen”,
b
in the entry relating to Canada: Quebec, for “civil union” substitute “the relationship referred to as union civile or as civil union”,
c
in the entry relating to Finland, for “rekisteröity parisuhde (registered partnership)” substitute “the relationship referred to as rekisteröity parisuhde or as registrerad partnerskap”,
d
in the entry relating to France, for “pacte civile de solidarité (civil solidarity pact)” substitute “pacte civil de solidarité”,
e
in the first entry relating to the Netherlands, for “geregistreerde partnerschap (registered partnership)” substitute “geregistreerd partnerschap”, and
f
in the entries relating to Denmark, Germany, Iceland, Norway and Sweden, omit the words in brackets.
PART 3
CONSEQUENTIAL, ETC. AMENDMENTS
Consequential, etc. amendments
4
1
Schedule 1 contains amendments relating to registration matters with respect to civil partnerships.
2
Schedule 2 contains an amendment of the Marriage Act 1949 .
3
Schedule 3 contains amendments of Church legislation.
4
Schedule 4 contains further consequential amendments.
Meg Munn
Parliamentary Under Secretary of State for Women and Equality
Department of Trade and Industry
28th October 2005
The Scottish Ministers consent to the making of this Order
Hugh Henry
A member of the Scottish Executive
1st November 2005
The Department of Finance and Personnel hereby consents.
Sealed with the Official seal of the Department of Finance and Personnel
Ethne E Harkness
A Senior Official of the
Department of Finance and Personnel
4th November 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Children (Private Arrangements for Fostering) Regulations 2005 and shall come into force on 1st July 2005.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Children Act 1989;
“appropriate local authority” means —
the local authority within whose area the child is being fostered privately; or
in the case of a proposal to foster a child privately, the local authority within whose area it is proposed that he will be fostered privately;
“private foster carer” means a person who fosters a child privately; and
“working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
Notification of proposal to foster a child privately
3
1
A person who proposes to foster a child privately must notify the appropriate local authority of the proposal —
a
at least six weeks before the private fostering arrangement is to begin; or
b
where the private fostering arrangement is to begin within six weeks, immediately.
2
Any person who is involved (whether or not directly) in arranging for a child to be fostered privately must notify the appropriate local authority of the arrangement as soon as possible after the arrangement has been made.
3
A parent of a child, and a person who is not a parent of his but who has parental responsibility for a child, who is not involved (whether or not directly) in arranging for the child to be fostered privately but who knows that it is proposed that the child should be fostered privately must notify the appropriate local authority of the proposal as soon as possible after he becomes aware of the arrangement.
4
Notification given under paragraphs (1) to (3) must contain such of the information specified in Schedule 1 as the person giving the notification is able to provide.
Action to be taken by local authority on receipt of notification of proposal to foster a child privately
4
1
Where a local authority have received notification under regulation 3 they must, for the purposes of discharging their duty under section 67(1) of the Act (welfare of privately fostered children), arrange for an officer of the authority within seven working days to —
a
visit the premises where it is proposed that the child will be cared for and accommodated;
b
visit and speak to the proposed private foster carer and to all members of his household;
c
visit and speak to the child, alone unless the officer considers it inappropriate;
d
speak to and, if it is practicable to do so, visit every parent of or person with parental responsibility for the child; and
e
establish such matters listed in Schedule 2 as appear to the officer to be relevant.
2
Having completed his functions under paragraph (1) the officer must make a written report to the local authority.
Notification by person already fostering a child privately
5
1
A person who is fostering a child privately and has not given notification to the appropriate local authority in accordance with regulation 3 must notify the appropriate local authority immediately.
2
Notification given under paragraph (1) must contain such of the information specified in Schedule 1 as the person giving the notification is able to provide.
Notification of a child going to live with private foster carer
6
1
A person who has given notification under regulation 3(1) must, within 48 hours of the start of the arrangement, notify the appropriate local authority of the fact.
2
A parent of a child, and any other person who has parental responsibility for the child, who has given notification under regulation 3(2) or 3(3) must within 48 hours of the child’s going to live with a private foster carer, notify the appropriate local authority of the fact.
Action to be taken by local authority on receipt of notification about a child being fostered privately
7
1
Where a local authority have received a notification under regulation 5 or 6 they must for the purposes of discharging their functions under section 67(1) of the Act, arrange for an officer of the authority within seven working days to —
a
visit the premises where the child is being cared for and accommodated;
b
visit and speak to the private foster carer and to all members of his household;
c
visit and speak to the child, alone unless the officer considers it inappropriate;
d
speak to and, if it is practicable to do so, visit every parent of or person with parental responsibility for the child; and
e
establish such matters listed in Schedule 3 as appear to the officer to be relevant.
2
Having completed his functions under paragraph (1) the officer must make a written report to the local authority.
Subsequent visits to children who are being fostered privately
8
1
Each local authority must arrange for an officer of the authority to visit every child who is being fostered privately in their area —
a
in the first year of the private fostering arrangement, at intervals of not more than six weeks; and
b
in any second or subsequent year, at intervals of not more than 12 weeks.
2
In addition to visits carried out in accordance with paragraph (1) the local authority must arrange for every child who is fostered privately in their area to be visited by an officer when reasonably requested to do so by the child, the private foster carer, a parent of the child or any other person with parental responsibility for the child.
3
When carrying out a visit under this regulation the officer must speak to the child alone unless he considers it inappropriate.
4
When carrying out a visit under this regulation the officer must establish such matters listed in Schedule 3 as appear to him to be relevant.
5
The officer must make a written report to the local authority after each visit carried out in accordance with this regulation.
6
For the purposes of this regulation, the private fostering arrangement is deemed to begin when the local authority become aware of it.
Notification of change of circumstances
9
1
A private foster carer must notify the appropriate local authority of —
a
any change of his address;
b
any further offence of which he or a person who is part of or employed at his household has been convicted;
c
any further disqualification imposed on him or a person who is part of or employed at his household under section 68 of the Act;
d
any person who begins to be part of or employed at his household, and any offence of which that person has been convicted, and any disqualification or prohibition imposed on him under section 68 or 69 of the Act or under any previous enactment of either of those sections; and
e
any person who ceases to be part of or employed at his household.
2
A notification under paragraph (1) must be given —
a
in advance if practicable;
b
in any other case, not more than 48 hours after the change of circumstances.
3
If the private foster carer’s new address is in the area of another local authority, or of a local authority in Scotland, Wales or Northern Ireland, the authority to whom the notification is given under this regulation must pass on to the authority for the area —
a
the name and new address of the private foster carer;
b
the name of the child who is being fostered privately; and
c
the name and address of the child’s parents or any other person who has parental responsibility for him.
4
The parent of a privately fostered child, and any other person who has parental responsibility for the child, who knows that the child is being fostered privately, must notify the appropriate local authority of any change of his own address.
Notification of the end of a private fostering arrangement
10
1
Subject to paragraphs (2) and (3), any person who has been fostering a child privately but has ceased to do so must notify the appropriate local authority within 48 hours and must include in the notification the name and address of the person into whose care the child was received and that person’s relationship with the child.
2
Where a person has been fostering a child privately but has ceased to do so because of the death of the child he must in his notification to the local authority indicate that that is the reason.
3
Paragraph (1) shall not apply where the private foster carer intends to resume the private fostering arrangement after an interval of not more than 27 days but if —
a
he subsequently abandons his intention; or
b
the interval expires without his having given effect to his intention,
he must notify the local authority within 48 hours of abandoning his intention or, as the case may be, the expiry of the interval.
4
Any parent of a privately fostered child, and any other person who has parental responsibility for a child, who has given notification to the local authority under regulation 3(2) or (3) must notify the appropriate local authority of the ending of the private fostering arrangement and must include in the notification the name and address of the person into whose care the child was received and that person’s relationship with the child.
Form of notification
11
Any notification required under these Regulations must be given in writing and may be sent by post.
Monitoring the discharge of functions under Part 9 of the Act
12
Each local authority must monitor the way in which they discharge their functions under Part 9 of the Act and must appoint an officer of the authority for that purpose.
Revocation and transitional provision
13
The Children (Private Arrangements for Fostering) Regulations 1991 in so far as they apply to England are revoked, save that any notification given under those Regulations before the coming into force of these Regulations shall be treated as if it had been given under these Regulations.
Signed by the Secretary of State for Education and Skills
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
9th June 2005