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Version Superseded: 18/11/2016
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38.—(1) An appeal from—
(a)any order or decision of the Health Committee or the Conduct and Competence Committee other than an interim order made under article 31, shall lie to the appropriate court; and
(b)[F1a decision of the Council mentioned in paragraph (1A)] or of the Investigating Committee under article 26(7) or (12) shall lie to a county court or, in Scotland, to a sheriff.
[F2(1A) The decisions referred to in paragraph (1)(b) are—
(a)any decision of the Council under article 37;
(b)a decision of the Council under Part 3 of the General Systems Regulations requiring an exempt person to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to have access to, and to pursue, the profession of nurse or midwife in the United Kingdom.]
(2) In any appeal under this article the Council shall be the respondent.
(3) The Court or sheriff may—
(a)dismiss the appeal;
(b)allow the appeal and quash the decision appealed against;
(c)substitute for the decision appealed against any other decision the Practice Committee concerned or the Council, as the case may be, could have made; or
(d)remit the case to the Practice Committee concerned or Council, as the case may be, to be disposed of in accordance with the directions of the court or sheriff,
and may make such order as to costs (or, in Scotland, expenses) as it, or he, as the case may be, thinks fit.
(4) In this article “the appropriate court” means—
(a)in the case of a person whose registered address is (or, if he were registered, would be) in Scotland, the Court of Session;
(b)in the case of a person whose registered address is (or, if he were registered, would be) in Northern Ireland, the High Court of Justice in Northern Ireland; and
(c)F3... in any other case, the High Court of Justice in England and Wales.
Textual Amendments
F1Words in art. 38(1)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 167(a)
F2Art. 38(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 167(b)
F3Words in art. 38(4)(c) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 167(c)
Modifications etc. (not altering text)
C1Art. 38 applied (with modifications) (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 7(4)(b)
C2Art. 38 applied (with modifications) (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 6(b)
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