Interim measures tribunal hearings

Step 1b: consider if it remains necessary to restrict the PA or AA’s registration

Does it remain necessary to restrict the PA or AA’s registration?

To decide whether it remains necessary to restrict the PA or AA’s registration, the tribunal should consider whether one or more parts of the test for imposing an interim measure are met. The test for imposing an interim measure is whether it is necessary for the protection of the public or is otherwise in the interests of the public and/or in the interest of the PA or AA.²¹
When making their decision, the tribunal should have regard to the general principles in the following sub-sections of Part A of Section two: IMT hearings:

The tribunal should also refer to the guidance in the specific case types section in Part A.

The tribunal should give clear and adequate reasons for its conclusion on whether an interim measure remains necessary to enable the PA or AA to understand their decision. In doing so, the tribunal must provide a clear explanation about their assessment of risk based on the full circumstances of the case which include the previous decision(s) and any new information available.
Where the tribunal concludes that an interim measure remains necessary, they should state which parts of the test for imposing an interim measure have been met.
Where the tribunal concludes that an interim measure no longer remains necessary, they should revoke the interim measure of conditions or suspension that is currently in place on the PA or AA’s registration.
In all cases, the tribunal should explain how their decision relates to any submissions received from the parties.

²¹ Article 11(1) of the Order.