39.—(1) Where an alert has been sent by the General Dental Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29 or (as the case may be) 36S of the 1984 Act (subject to the provisions of that Act) despite the repeal of sections 29(1)(d) and 36S(1)(d).
(2) In disposing of such an appeal, the powers of the relevant court are, instead of those set out in section 29(3) or 36S(6) of the 1984 Act, to—
(a)dismiss the appeal, or
(b)allow the appeal and direct the Council to take such steps as the court thinks fit to draw the findings of the court to the attention of the European Commission,
and to make such order as to costs (or, in Scotland, expenses) as the court thinks fit.