The European Communities (Recognition of Professional Qualifications) Regulations 2007

Appeals

36.—(1) Within four months of the notification to him of any decision of a competent authority made in relation to the applicant under Part 3 or regulation 9(2), or thereafter with the leave of the appropriate appeal body, the applicant may appeal against that decision on a matter of law or fact (or of both) to the appropriate appeal body.

(2) This regulation shall not apply in relation to any decision of a competent authority for a particular profession where the right of appeal to a body, other than a competent authority, in relation to that decision is provided for in another enactment relating to that profession.

(3) An appropriate appeal body may, for the purpose of determining any appeal under these Regulations against the decision of a competent authority—

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

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

(4) In this regulation, “the appropriate appeal body” means—

(a) where the profession concerned is one set out in the first column of an entry in Schedule 5, the court, tribunal or other person set out in the second column of that entry;

(b) in any other case, the county court or, in Scotland, the sheriff.