Medical Act 1983

Further appeal to court against determination within paragraph 7 U.K.

[F1 8 (1) Where, on an appeal under section 29F of this Act by a medical practitioner, a Registration Appeals Panel makes a determination falling within sub-paragraph (1) of paragraph 7 above, the practitioner may appeal against the determination.

(2) Any such appeal must be made within the period of 28 days beginning with the day on which the practitioner is given notice under paragraph 7 above of the determination of the Registration Appeals Panel.

(3) Any such appeal must be made [F2 in England and Wales to the county court or, in Northern Ireland,] to a county court or, in Scotland, to the sheriff.

(4) In sub-paragraph (3) above “the sheriff” means the sheriff in whose sheriffdom is situated the address—

(a) which is shown in the register as the practitioner’s address; or

(b) which would be so shown, if the practitioner were registered.

(5) On appeal under this paragraph from a Registration Appeals Panel, the county court or the sheriff may—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against; or

(c) remit the case to the Registrar for him to refer it to a Registration Appeals Panel to dispose of in accordance with the directions of the court (or the sheriff),

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

Textual Amendments

F1 Sch. 3B inserted (24.1.2005 for the insertion of Sch. 3B para. 3(1)-(3)(5)-(8) as notified in the London Gazette dated 14.1.2005, 16.11.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 11 (with Sch. 2)

F2 Words in Sch. 3B para. 8(3) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 110; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)