The Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008

Appeals

20.  For sections 22 (appeals) and 22A(1), substitute—

“22    Appeals

(1) A person may appeal to the High Court or, in Scotland, to the Court of Session if he is aggrieved by—

(a) refusal of his application for registration in Part 1 of the Register;

(b) failure of the Registrar to comply with section 6(4);

(c) his name not being re-entered in, or his name being removed from, Part 1 of the Register by virtue of section 9;

(d) the Board’s ordering under section 10 that the Registrar remove his name from Part 1 of the Register; or

(e) the making of a disciplinary order in relation to him.

(2) Subject to subsection (3), an appeal under subsection (1)(a), (c), (d) or (e) must be made not later than three months after the date on which notice of the decision or order concerned is served on the person.

(3) Where an appeal under subsection (1)(a) is made by a person who relied on subsection (2A) of section 4 in applying for registration in pursuance of that section, the appeal must be made not later than four months after the date on which notice of the refusal is served on the person.

(4) The time limits for making an appeal under subsection (1)(b) are—

(a) where the appeal is made by a person who relied on subsection (2A) of section 4 in applying for registration in pursuance of that section, within seven months, and

(b) where the appeal is made by a person who, in applying for registration in pursuance of that section, relied on subsection (1)(a) of that section without also relying on subsection (2A) of that section, within six months,

beginning with the date on which the person’s application for registration is made.

(5) An appeal under subsection (1)(b) to which subsection (4) does not apply must be made within nine months beginning with the date on which the person’s application for registration is made.

(6) If a person claims to be entitled to be registered in Part 2 of the Register but the person’s name is not entered in that Part, the person may appeal to a county court or, in Scotland, to the sheriff.

(7) On an appeal under this section the court concerned may make any order which appears appropriate, and no appeal shall lie from any decision of a court on such an appeal.”.

(1)

Section 22A was inserted by S.I. 2002/2842.