The European Communities (Recognition of Professional Qualifications) Regulations 1991

Decisions of designated authorities and appeals

13.—(1) A designated authority for a regulated profession shall consider themigrant’s application as soon as is reasonably practicable, and shallnotify him of its decision together with the reasons upon which it isbased within four months of receipt of all the relevant documents.

(2) Where a designated authority imposes a requirement pursuant toparagraph (1) of regulation 6, the decision referred to above shallinclude—

(a) in the case of a period of professional experience, a determinationof the length of that period;

(b) in the case of an adaptation period, a determination of the length of the period and the training, if any, required;

(c) in the case of an aptitude test, a determination of the matters tobe covered by the test.

(3) For the purposes of this regulation, if a designated authority failsto take a decision and notify it to the migrant within the periodmentioned in paragraph (1) of this regulation, it shall be deemed tohave taken a decision to reject his application and to have notified itto him on the last day of that period.

(4) Within three months of the notification to him of the designatedauthority’s decision, or thereafter with leave of the appeal body, themigrant may appeal against the decision to the appeal body specified inSchedule 4.

(5) An appeal body for a regulated profession may, for the purpose ofdetermining any appeal under these Regulations against the decision of adesignated authority—

(a) give any authorisation to practise and impose any condition whichthe designated authority could give or impose in relation to thatprofession; or

(b) remit the matter to the designated authority with such directions asthe appeal body sees fit.

(6) Without prejudice to any powers of the Court of Session in Scotlandto regulate the proceedings of itself and those of the sheriff courts,an appeal body in England and Wales or Northern Ireland may make rulesof procedure governing the hearing and determination of any appeal underthese Regulations against the decision of a designated authority. Suchrules may make different provision for different cases.