PART VIAPPEALS
AppealsI1C2C138
1
An appeal from—
a
any order or decision of the F5Fitness to Practise 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.
F81ZA
An appeal from a decision referred to in paragraph (1)(b) relating to a nursing associate or a person seeking registration in the nursing associates’ part of the register lies only to the county court.
F21A
The decisions referred to in paragraph (1)(b) are—
a
any decision of the Council under article 37;
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F11...;
c
F13ca
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
remit the case to the F7Fitness to Practise Committee 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
F9Subject to paragraph (5), 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.
F105
Where the appeal mentioned in paragraph (1)(a) concerns a nursing associate, “the appropriate court” means the High Court of Justice in England and Wales.