40.—(1) The Council, following an inquiry and report by the Fitness to Practise Committee under section 38 of this Act, may decide to attach such conditions as it thinks fit to the retention in any register maintained under this Act of a person whose name is entered in such register.

(2) On making a decision under this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates, at his address as stated in the register, a notice in writing stating the decision, the date thereof and the reasons therefor.

(3) A person to whom a decision under this section relates may, within the period of 21 days beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies—

(a) the High Court, on the hearing of the application, may—

(i) cancel the decision, or

(ii) declare that it was proper to make a decision under this section in relation to such person and (as the Court may think proper) direct the Council to attach such conditions as the Court thinks proper to the retention of the name of such person in any register maintained under this Act, or

(iii) give such other directions to the Council as the Court thinks proper,

(b) if at any time the Council satisfies the High Court that such person has delayed unduly in proceeding with the application, the High Court shall, unless it sees good reason to the contrary, declare that it was proper for the Council to make a decision under this section in relation to such person and (as the Court may consider proper) direct the Council to attach such conditions as the Court may specify to the retention of the name of such person in any register maintained under this Act,

(c) the High Court may direct how the costs of the application are to be borne.

(4) Where a person to whom a decision of the Council under this section relates does not, within the period of 21 days, beginning on the date of the decision, apply to the Hight Court for cancellation of the decision, the Council may apply ex parte to the High Court for confirmation of the decision and, if the Council so applies, the High Court, on the hearing of the application, shall, unless it sees good reason to the contrary, declare accordingly and (as the Court may consider proper) direct the Council to attach such conditions as the Court may specify to the retention of the name of such person in any register maintained under this Act.

(5) The decision of the High Court on an application under this section shall be final save that, by leave of that Court or of the Supreme Court, an appeal, by the Council or the person concerned from the decision shall lie to the Supreme Court on a specified question of law.

(6) On attaching conditions under this section to the retention of the name of a person in any register maintained under this Act, the Council shall forthwith send by pre-paid post to such person, at his address as stated in the register, notice in writing of the conditions.

(7) The Council may at any time remove in whole or in part the conditions attached to the retention of the name of any person in any register maintained under this Act.