Medical Practitioners Act 2007

36P.

F70 [ Appeal to Court against certain decisions of Council.

36P . ... ]

Annotations:

Amendments:

F70

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C28

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F70 [ 36P. (1) In this section, ‘relevant decision’ means a decision of the Council to—

( a ) refuse to register a relevant person under section 36M(2) or 36O(4) ,

( b ) refuse to grant a certificate of adaptation to an adapter, or

( c ) attach conditions to the registration of an adapter pursuant to section 36O(8) .

(2) When the Council makes a relevant decision, it shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2) , appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a person—

( a ) either—

(i) confirm the relevant 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 to—

(I) register the person and with no conditions attached to the registration,

(II) register the person with such conditions attached to the registration as the Court considers appropriate,

(III) remove some or all, or replace some or all, of the conditions attached to the registration of the person,

(IV) require the Council to issue a certificate of adaptation to the person, or

(V) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

and

( b ) give the Council such directions or, in the case at paragraph (a)(ii)(V) , such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4) , give notice in writing to the person concerned of the Council’s compliance with the direction. ]