The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996

Decisions of designated authorities and appeals

25.—(1) The designated authority to which a migrant applies for authorisation to practise shall consider the migrant’s application as soon as is reasonably practicable, and shall notify him of its decision together with the reasons upon which it is based within four months of receipt of all the relevant documents.

(2) The migrant may appeal—

(a) against the decision of the designated authority referred to in paragraph (1) above, or

(b) in a case in which the period of four months mentioned in paragraph 1 above has expired without the notification referred to, in respect of the failure of such authority to make a decision

to the appeal body for the profession provided that such appeal is lodged within three months of the notification to him of the designated authority’s decision, or of the expiry, without a decision being notified to him, of the period laid down in paragraph (1) or thereafter with leave of the appeal body.

(3) The appeal body for a profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a) give any authorisation to practise and impose any condition which the designated authority could give or impose in relation to that profession; or

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

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