42B.— (1) A person may apply to the Council for the cancellation of a decision made by a registration board in the performance of its functions under F71[section 27A(2)(b)] where that decision was a decision—

(a) F72[…]

(b) that a professional qualification is not one that attests to the standard of proficiency required under section 38(2)(c)(i), or

(c) that there has not been successful completion, in the State, of an aptitude test or adaptation period under section 38(2)(c)(ii).

(2) A person may apply to the Council for a direction by the Council to a registration board—

(a) to acknowledge receipt of an application made by the person F73[for the assessment of his or her professional qualifications under section 27A(2)(b)], within such period as the Council may specify, where—

(i) the board has not acknowledged receipt of that application before the expiry of the period within which it was required to do so under section 42A(1), and

(ii) if applicable, the board has not acknowledged receipt of the further document or documents referred to in section 42A(1)(b) before the expiry of the period within which it was required to do so under that section,

or

(b) to notify the person of a decision F74[in relation to assessment of his or her professional qualifications under section 27A(2)(b)], within such period as the Council may specify, where the board has not notified that person of that decision before the expiry of the period within which it was required to do so under section 42A(2).

F75[(2A) A person may apply to the Council for a direction by the Council to a registration board where the registration board—

(a) decides to grant, or not to grant, an applicant partial access to a profession under Regulation 10 of the Professional Qualifications Regulations,

(b) decides to revoke temporary registration or pro forma membership under Regulation 12(6) of the Professional Qualifications Regulations,

(c) decides to require an applicant to undergo compensation measures under Regulation 22 of the Professional Qualifications Regulations,

(d) decides not to recognise the professional qualifications of an applicant under Parts 5 to 14 of the Professional Qualifications Regulations,

(e) fails to acknowledge the receipt of an application for recognition of professional qualifications within the period provided for in Regulation 67(2) of the Professional Qualifications Regulations,

(f) fails to make a decision on an application for recognition of professional qualifications within the period provided for in Regulation 67(3) of the Professional Qualifications Regulations, or any extended period under Regulation 67(4) of those Regulations,

(g) decides not to issue a European Professional Card under Regulation 76 of the Professional Qualifications Regulations,

(h) fails to make a decision on an application for a European Professional Card under Regulation 76 of the Professional Qualifications Regulations within the period provided for in paragraph (2) of that Regulation,

(i) fails to verify the authenticity of the validity of the supporting documents in the IMI file for a European Professional Card within the period provided for in Regulation 78(2) of the Professional Qualifications Regulations,

(j) fails to transmit an application for a European Professional Card in accordance with Regulation 78(4) of the Professional Qualifications Regulations,

(k) decides not to issue a European Professional Card under Regulation 79 of the Professional Qualifications Regulations,

(l) fails to make a decision on an application for European Professional Card under Regulation 79 of the Professional Qualifications Regulations within the applicable time period provided for in paragraph (2), (3) or (8) of that Regulation,

(m) decides to revoke a document under Regulation 81 of the Professional Qualifications Regulations,

(n) decides to reverse a decision under Regulation 82 of the Professional Qualifications Regulations,

(o) decides to carry out language controls pursuant to Regulation 85 of the Professional Qualifications Regulations, or

(p) decides to send an alert under Regulation 87 of the Professional Qualifications Regulations.]

(3) The application must be made—

F76[(a) if the application is an application under subsection (1) or (2A)—

(i) within 30 days after the person receives notification of the decision from the registration board,

(ii) within 30 days after the expiry of the period concerned, or

(iii) in the case of an application under subsection (2A)(j), within 30 days after verification of the authenticity and validity of the supporting documents in accordance with Regulation 78(2),

as appropriate, or]

(b) if the application is an application under subsection (2), within 30 days after the expiry of the period concerned.

(4) On hearing the application or on receipt of appropriate submissions, the Council may—

(a) if the application is an application under subsection (1) F77[or (2A)]—

(i) if satisfied that the registration board’s decision was properly made, confirm that decision, F78[…]

(ii) if not so satisfied, cancel that decision and do one of the following:

(I) direct the registration board to recognise the professional qualifications of the person;

(II) direct the registration board to make a new decision; F79[or]

(III) give such other directions to the registration board as the Council considers appropriate, F77[or ]

F80[(iii) in any other case, give such directions to the registration board as the Council considers appropriate,]

or

(b) if the application is an application under subsection (2)—

(i) if satisfied that the registration board did acknowledge receipt of the application (and, if applicable, the document or documents referred to in section 42A(1)(b)) before the expiry of the period within which it was required to do so under section 42A(1), refuse to direct the registration board to acknowledge receipt of the application (and any such document or documents),

(ii) if satisfied that the registration board did make the decision and notify the applicant of that decision, before the expiry of the period within which it was required to do so under section 42A(2), refuse to direct the registration board to make the decision and notify the applicant of that decision,

(iii) direct the registration board to acknowledge receipt of the application (and any such documents) or to make the decision and notify the applicant of that decision, as the case may be, within such period as the Council specifies,

(iv) give such other directions to the registration board as the Council considers appropriate.

(5) As soon as practicable after making a decision under this section, the Council shall notify the applicant of the decision.

(6) F81[…]]