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23.—(1) The Anaesthesia Associates and Physician Associates Order 2024(1) is amended as follows.
(2) In article 2 (interpretation), in paragraph (1), after the definition of “the Regulator”, insert—
““specified state qualification” means a qualification comparable to that as an anaesthesia associate or physician associate, granted in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023(2);”.
(3) In article 16 (appeal to a Panel), after paragraph (2) insert—
“(2A) Where an applicant has applied for registration in reliance on a specified state qualification, and the Regulator has failed to notify the applicant of its decision under article 6(1) within four months beginning with the day after the date of receipt of the complete application by the Registrar, the applicant may appeal to a Panel.
(2B) A person who wishes to appeal under paragraph (2A) must seek permission to do so from the Regulator within 28 days beginning with the day on which the time period referred to in paragraph (2A) ends.
(2C) For the purposes of paragraph (2A), an application is a complete application where the applicant has complied with the requirements of article 6(1)(b) and (c).”.
(4) In article 17 (appeal to a court)—
(a)after paragraph (3) insert—
“(3A) Where an applicant has applied for registration in reliance on a specified state qualification, and the Regulator has failed to notify the applicant of its decision under article 6(1) within four months beginning with the day after the date of receipt of the complete application by the Registrar, the applicant may appeal to the relevant court.
(3B) For the purposes of paragraph (3A)—
(a)an application is a complete application where the applicant has complied with the requirements of article 6(1)(b) and (c);
(b)the “relevant court” means a county court or, in Scotland, the sheriff in whose Sheriffdom is situated the address—
(i)which is shown in the register as the address of the applicant, or
(ii)which would have been so shown if the applicant were registered.”;
(b)in paragraph (4) after “article 16(1)” insert “or (2A)”;
(c)in paragraph (5)—
(i)in sub-paragraph (d) omit “against the decision”;
(ii)at the end, insert “, or where an appeal is made by virtue of paragraph (3A), the applicant.”.
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