Medical Act 1983

40 Appeals. U.K.

(1) The following decisions are appealable decisions for the purposes of this section, that is to say—

(a) a decision of the Professional Conduct Committee under section 36 above giving a direction for erasure, for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration;

[F1 (aa) a decision of the Committee on Professional Performance under section 36A above giving a direction for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration; or]

(b) a decision of the Health Committee under section 37 above giving a direction for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration; or

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (d) a decision of the Professional Conduct Committee under section 41(6) giving a direction that the right to make further applications under that section shall be suspended indefinitely; or

F3 (e) a decision of the General Council under section 45(6) giving a direction that the right to make further applications under that section shall be suspended indefinitely.]

[F4 (1A) A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section.]

(2) In subsection (1) above the references to a direction for suspension and a direction for conditional registration include references to a direction extending a period of suspension or a period of conditional registration.

[F5 (3) A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court.

(3A) In subsection (3), “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 (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales.

(3B) A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated.]

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (7) On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may—

(a) dismiss the appeal,

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

(c) substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or

(d) remit the case to the committee concerned to dispose of the case in accordance with the directions of the court,

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

(8) On an appeal under this section from the General Council, the court (or the sheriff) may—

(a) dismiss the appeal,

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

(c) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

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

F8 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) On an appeal under this section from the Professional Conduct Committee [F9 , the Committee on Professional Performance] or the Health Committee the General Council may appear as respondent; and for the purpose of [F10 any order as to costs (or, in Scotland, expenses) in relation to] any such appeal the Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.

Textual Amendments

F1 S. 40(1)(aa) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(2); S.I. 1997/1315, art. 2

F2 S. 40(1)(c) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(a), 42(3), Sch. 9 Pt. 2; S.I. 2003/833, art. 3(a)(c) (with art. 4)

F3 S. 40(1)(d)(e) and word “or” immediately preceding added (3.8.2000) by S.I. 2000/1803, art. 8(a)

F4 S. 40(1A) inserted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(b), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)

F5 S. 40(3)-(3B) substituted for s. 40(3) (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(c), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)

F6 S. 40(4)-(6) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(d), 42(3), Sch. 9 Pt. 2; S.I. 2003/833, art. 3(a)(c) (with art. 4)

F7 S. 40(7)(8) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(e), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)

F8 S. 40(9)(10) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(d), 42(3), Sch. 9 Pt. 2; S.I. 2003/833, art. 3(a)(c) (with art. 4)

F9 Words in s. 40(11) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(8); S.I. 1997/1315, art. 2

F10 Words in s. 40(11) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 8 para. 14; S.I. 2003/833, art. 3(b) (with art. 4)