The Health Professions Order 2001 (Transitional Provisions) Order of Council 2003

Appeals

6.—(1) Where, in respect of an allegation which is received by the Council on or after 1st April 2002 but before 9th July 2003, a direction is made before, on or after 9th July 2003 in accordance with section 9(1) of the Act that the name of the respondent be removed from the register, and no appeal has been made before 9th July 2003, the respondent may appeal in accordance with section 9(3) of the Act as if it remained in force.

(2) Where after 8th July 2003 but within the period referred to in rule 6 of the Professions Supplementary to Medicine (Registration (Appeals) Rules) Order of Council 1962(1) and in the manner set out in that rule the Council receives an appeal against—

(a) a refusal of an application for registration given before 9th July 2003; or

(b) a failure either to grant or refuse such an application,

as referred to in section 3(3) of the Act, the Council shall forthwith refer the matter to a county court or, in Scotland, the sheriff, and that court or sheriff shall deal with the appeal as if it were an appeal under article 38(1)(b) of the Order.

(1)

S.I. 1962/2545.