Medical Practitioners Act 2007

83.

Appeal to Court against Council’s decision under section 81 or 82 .

83.— (1) A medical practitioner the subject of a decision made by the Council—

( a) under section 81 to refuse to restore the practitioner’s registration or to attach conditions to the practitioner’s registration, or

( b) under section 82 to refuse to remove a condition to which that section applies attached to the person’s registration,

may, not later than 21 days after the practitioner received notice of the decision under section 81(5) or 82(3) , as the case may be, appeal to the Court against the decision.

(2) The Court may, on the hearing of an appeal under subsection (1) by a medical practitioner, consider any evidence adduced or argument made, whether or not adduced or made to the Council.

(3) The Court may, on the hearing of an appeal under subsection (1) by a medical practitioner—

( a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to restore the registration of the practitioner in such division of the register as the Court considers appropriate and—

(A) with no conditions attached to the registration, or

(B) with such conditions attached to the registration as the Court considers appropriate,

or

(II) to remove the conditions attached to the practitioner’s registration or replace conditions attached to the registration of the practitioner with such other conditions as the Court considers appropriate,

and

( b) give the Council such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(4) The Council shall, on complying with any direction given by Court under subsection (3), give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.