Medical Practitioners Act 2007

75.

Appeal to Court against Council’s decision under section 71.

75.— (1) A registered medical practitioner the subject of a decision F163 [ under section 71 or 71A ] to impose a sanction (other than a sanction referred to F163 [ in section 71(a) or 71A(a) ] ) may, not later than 21 days after the practitioner received the notice under section 73 (1) of the decision, appeal to the Court against the decision.

(2) The Court may, on the hearing of an appeal under subsection (1) by a medical practitioner, consider any evidence adduced or argument made, whether or not adduced or made to the Fitness to Practise Committee.

(3) The Court may, on the hearing of an appeal under subsection (1) by a medical practitioner—

( a) either—

(i) confirm the decision the subject of the application, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to impose a different sanction on the practitioner, or

(II) to impose no sanction on the practitioner,

and

( b) give the Council such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(4) The Council shall, on complying with a direction given by the Court under subsection (3), give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

Annotations

Amendments:

F163

Substituted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 18, S.I. No. 388 of 2011.

F164

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 129, not commenced as of date of revision.

Modifications (not altering text):

C71

Prospective affecting provision: subs. (1) substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 129, not commenced as of date of revision.

75.— F164 [ (1) A registered medical practitioner the subject of a decision under section 71(1) or 71A(1) to impose a sanction (other than a sanction arising from measures referred to in section 71(2) or 71A(2) ) may, not later than 21 days after the notice under section 73(1) of the decision was given by the Council, appeal to the Court against the decision. ]