Textual Amendments
F1Sch. 3A inserted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 8(2) (with Sch. 2)
Modifications etc. (not altering text)
C1Sch. 3A extended (30.9.2005 for specified purposes as notified in the London Gazette dated 26.8.2005, 1.4.2006 in so far as not already in force as notified in the London Gazette dated 26.8.2005) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), arts. 1(2)(3), 18(6)
4(1)A person in respect of whom an appealable registration decision has been made may appeal against the decision to a Registration Appeals Panel.
(2)An appeal under sub-paragraph (1) above shall be made by giving notice of appeal to the Registrar.
(3)Any such notice of appeal must be given before the end of the period of 28 days beginning with the date on which notice of the decision was given under paragraph 3(1) above.
This sub-paragraph is subject to any extension of time under paragraph 7 below.
(4)In the case of an appeal by virtue of paragraph 3(2) above, notice of appeal must be given before the end of the period of 28 days following the end of the requisite period.
(5)Where a decision to erase or remove a medical practitioner from the register is an appealable registration decision, the decision shall not be carried into effect—
(a)until the time for bringing any appeal against the decision has expired without an appeal being brought; or
(b)where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.
(6)Any rules made under paragraph 3 of Schedule 3B to this Act shall apply in relation to an appeal under this Schedule as they apply in relation to an appeal under section 29F of this Act.
(7)Paragraphs 2 and 7 of Schedule 4 to this Act shall apply in relation to proceedings under this Schedule before a Registration Appeals Panel as they apply to proceedings before a Fitness to Practise Panel.
(8)In disposing of an appeal under this paragraph, a Registration Appeals Panel may determine to—
(a)dismiss the appeal;
(b)allow the appeal and quash the decision appealed against;
(c)substitute for the decision appealed against any other decision which could have been made by the person making the decision;
(d)remit the case to the person making the decision to dispose of in accordance with the directions of the Registration Appeals Panel,
and a Panel may make such order as to costs (or, in Scotland, expenses) as they think fit.
(9)A Registration Appeals Panel shall, as soon as reasonably practicable—
(a)give the person concerned, and the person making the decision, notice of the Panel’s determination on an appeal under sub-paragraph (1) above and of the reasons for that determination; and
(b)if that determination is not a determination under sub-paragraph (8)(b) above, give the person concerned notice of his right of appeal under paragraph 5 below.]
Modifications etc. (not altering text)
C2Sch. 3A para. 4 extended (30.9.2005 as notified in the London Gazette dated 26.8.2005) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), art. 1(2)(3), 23(2)