Dentists Act 1984

29 Appeals. U.K.

(1) Where a person is notified—

(a) under subsection (4) of section 27 above [F1 or paragraph 3 of Schedule 3A to this Act] that a determination has been made in respect of him under that section [F2 or that paragraph], or

(b) under subsection (5) of section 28 above that a direction has been given in respect of him under that section,

he may, within twenty-eight days from the service of the notification, appeal [F3 against that determination or direction to the relevant court.]

[F4 (1A) In subsection (1), “the relevant court”—

(a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c) in the case of any other person, means the High Court of Justice in England and Wales.]

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (3) On an appeal under this section, the court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the determination or direction appealed against,

(c) (in the case of an appeal against a determination under section 27 above or a direction under section 28 above) substitute for the determination or direction appealed against any other determination or direction which could have been made or given by the Professional Conduct Committee or (as the case may be) the Health Committee, or

(d) remit the case to the Professional Conduct Committee, the Health Committee or the Continuing Professional Development Committee to dispose of the case under section 27 or 28 above or Schedule 3A to this Act in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.]

(4) The Council may appear as respondent on any appeal under this section; and for the purpose of [F7 any order as to costs (or, in Scotland, expenses) in relation to] any such appeal the Council shall be deemed to be a party to it, whether they appear on the hearing of the appeal or not.

Textual Amendments

F1 Words in s. 29(1)(a) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 10(3)(a)

F2 Words in s. 29(1)(a) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/3926, art. 10(3)(a)

F3 Words in s. 29(1) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(2)(a), 42(3) (with s. 31(7)(8)); S.I. 2003/833, art. 3(a) (with art. 4)

F4 S. 29(1A) inserted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(2)(b), 42(3) (with s. 31(7)(8)); S.I. 2003/833, art. 3(a) (with art. 4)

F5 S. 29(2) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(2)(c), 42(3), Sch. 9 Pt. 2 (with s. 31(7)(8)); S.I. 2003/833, art. 3(a)(c) (with art. 4)

F6 S. 29(3) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(2)(d), 42(3) (with s. 31(7)(8)); S.I. 2003/833, art. 3(a) (with art. 4)

F7 Words in s. 29(4) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 8 para. 16; S.I. 2003/833, art. 3(b) (with art. 4)

Modifications etc. (not altering text)

C1 S. 29 modified (temp.) (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 31(8), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)