Child Care Act 1991

Appeals.

62

62.—(1) A person, being the registered proprietor or, as the case may be, the person intending to be the registered proprietor, of a children’s residential centre, may appeal to the District Court against a decision of F339 [ the F340 [ Child and Family Agency ] ] to refuse to register the centre, to remove the centre from the register or to attach a condition, or to amend or revoke a condition attached, to the registration of the centre and such an appeal shall be brought within 21 days of the receipt by the person of the notification of the decision under section 61 and that court may, as it thinks proper, confirm the decision or direct F339 [ the F340 [ Child and Family Agency ] ], as may be appropriate, to register, or to restore the registration of, the centre, to withdraw the condition or the amendment to or revocation of a condition, to attach a specified condition to the registration or to make a specified amendment to a condition of the registration.

(2) The jurisdiction conferred on the District Court by this section shall be exercised by the justice of the District Court for the time being assigned to the district court district in which the centre concerned is situated.

(3) A decision of the District Court under this section on a question of fact shall be final.

(4) Where a notification of a decision specified in subsection (1) (other than a decision to refuse to register a centre which was not registered or deemed to be registered at the time of the relevant application for registration) is given under section 61, then—

(a) during such period from such notification (not being less than 21 days) as the F340 [ Child and Family Agency ] considers reasonable and specifies in the notification, the centre shall be treated as if the decision had not been made and, if the decision was to refuse an application under paragraph (a) of section 61 (10) for registration, be treated as if it had been registered and the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a), and

(b) if an appeal against the decision is brought under this section, during—

(i) the period from the end of the period aforesaid until the determination or withdrawal of the appeal or any appeal therefrom or from any such appeal, and

(ii) such further period (if any) as the court concerned considers reasonable and specifies in its decision, the centre shall—

(I) be treated for the purposes of section 61 as if the appeal had been upheld, and

(II) if the appeal was against a decision of the F340 [ Child and Family Agency ] to refuse an application under paragraph (a) of section 61 (10) for registration, be treated as if the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a).

(5) The F340 [ Child and Family Agency ] shall be given notice of an appeal under this section and shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

Annotations:

Amendments:

F339

Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 63(a), S.I. No. 887 of 2005.

F340

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F341

Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1, part 1, not commenced as of date of revision.

Modifications (not altering text):

C33

Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 pt. 1, not commenced as of date of revision.

Appeals.

62. F341 [ ]

Editorial Notes:

E158

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 63, S.I. No. 887 of 2004; substituted as per F-note above.