F9Part V Fitness to Practise and Medical Ethics
40F11AppealsF17...
1
The following decisions are appealable decisions for the purposes of this section, that is to say—
a
a decision of F12a Medical Practitioners Tribunal under section 35D above giving a direction for erasure, for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration;
b
F6c
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F11A
A decision under regulations made—
a
under section 31 above by virtue of subsection (8) of that section; or
b
under section 31A(1)(c) above,
not to restore a person’s name to the register for a reason that relates to his fitness to practise is also an appealable decision for the purposes of this section.
F191B
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F42
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3
In subsection (1) above—
a
references to a direction for suspension include a reference to a direction extending a period of suspension; and
b
references to a direction for conditional registration include a reference to a direction extending a period of conditional registration.
4
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 35E(1) above, or section 41(10) F7... below, appeal against the decision to the relevant court.
F24A
A person in respect of whom an appealable decision falling within subsection (1A) F18... 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, appeal against the decision to the relevant court.
5
In F3subsections (4) and (4A) above, “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 F8... , means the High Court of Justice in England and Wales.
F56
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7
On an appeal under this section from F13a Medical Practitioners Tribunal , 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 F13a Medical Practitioners Tribunal; or
d
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
F157A
Where a case is referred under subsection (7)(d) to the MPTS, the MPTS must arrange for the case to be disposed of by a Medical Practitioners Tribunal in accordance with the directions of the court.
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 F20...; 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.
9
F10On an appeal under this section from F16a Medical Practitioners Tribunal, the General Council may appear as respondent; and for the purpose of enabling directions to be given as to the costs of any such appeal the Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.
F10On an appeal under this section from the Adjudicator, the General Council may appear as respondent; and for the purpose of any order as to costs (or, in Scotland, expenses) in relation to any such appeal the General Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.
Pt. V substituted (1.7.2003 for the substitution of s. 41A(2)(a) and Pt. V heading for specified purposes as notified in the London Gazette dated 1.7.2003, 7.7.2004 for the substitution of s. 35CC(1) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force except for the substitution of ss. 41(7)(8), 41C, 44(4), 44A(3) as notified in the London Gazette dated 8.10.2004, 16.11.2009 for the insertion of s. 41C as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 13 (with Sch. 2)