C27

Prospective affecting provision: subss. (1) amended and subss. (1A), (3)-(6) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 15(a)(i), (ii), (b), (c), not commenced as of date of revision.

41.—(1) F35[Subject to subsection (1A), the Council], following an inquiry and report by the Fitness to Practise Committee under section 38 of this Act into the conduct of a person whose name is entered in any register maintained under this Act may, on receipt of the report of that Committee, if it so thinks fit, F36[decide to] advise, admonish or censure such person in relation to his professional conduct.

F36[(1A) A decision under subsection (1) to advise, admonish or censure a person shall not take effect unless—

(a) the decision is confirmed by the High Court on an application under subsection (4), or

(b) the 21 days referred to in subsection (4) within which the person may apply to the High Court for the cancellation of the decision expires without the person making such application.]

(2) The powers conferred by subsection (1) of this section may be exercised either in addition to or in substitution for any of the powers conferred by sections 39, 40 and 42 of this Act.

F36[(3) On making a decision to exercise a power under subsection (1), 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.]

F36[(4) A person to whom a decision under this section relates may, not later than 21 days after the date on which the person was given notice of the decision, apply to the High Court for the cancellation of the decision.]

F36[(5) The High Court, on the hearing of an application under subsection (4) made by a person in relation to a decision under this section, may—

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

(b) cancel the decision, 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.]

F36[(6) The High Court may direct how the costs of the application are to be borne.]