Commentary on Sections and Schedules Part 3 – Regulation of Provision of Childcare in England Chapter 5 – Common Provisions Section 74:  Appeals
147.Section 74 sets out the procedure for appeals and replicates the existing position in the Children Act 1989. The section allows the applicant or registered person to appeal to the Tribunal set up under the Protection of Children Act 1999 (and commonly known as the Care Standards Tribunal) against the taking of the steps specified in subsection (1). Subsection (2) also allows appeals to the Tribunal against any other determinations made by the Chief Inspector which are prescribed in regulations. Subsection (3) makes provision for appeals against orders under section 72 (which deals with protection of children in an emergency).
148.Subsection (4) requires the Tribunal to either confirm the step or determination or direct that it shall not have effect. In some circumstances, the Tribunal may also impose conditions or vary or remove conditions imposed on registration.