C16

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 8, not commenced as of date of revision.

F14[26F.—(1) In this section, "relevant decision" means a decision of the Council to—

(a) refuse to recognise a qualification held by a person as a dental practitioner qualification under section 26A(2),

(b) refuse to recognise a qualification held by a person as a dental specialist qualification under section 26A(3),

(c) refuse to enter a person’s name in the register under section 26D(2), or

(d) refuse to enter a person’s name in the Register of Dental Specialists under section 26E(2).

(2) On making a relevant decision, the Council shall forthwith send to the person to whom the decision relates a notice in writing stating the decision, the date on which the decision was made and the reasons for the decision.

(3) A person to whom a relevant decision relates may, not later than 2 months after the date on which the person was given notice of the decision pursuant to subsection (2), apply to the High Court for the cancellation of the decision.

(4) The High Court, on the hearing of an application under subsection (3) made by a person in relation to a relevant decision, may—

(a) declare that it was proper for the Council to make the decision,

(b) cancel the decision and direct the Council to, as the Court thinks appropriate—

(i) recognise the qualification held by the person as a dental practitioner qualification or dental specialist qualification, or

(ii) enter the name of the person in the register or the Register of Dental Specialists,

or

(c) cancel the decision and—

(i) direct the Council to make a new decision, or

(ii) give such other directions to the Council as the Court thinks proper.

(5) The High Court may direct how the costs of an application under subsection (3) are to be borne.

(6) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.]