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Regulation and Inspection of Social Care (Wales) Act 2016

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This is the original version (as it was originally enacted).

CHAPTER 6APPEALS AND REFERRALS TO THE TRIBUNAL

158Appeals against decisions of a fitness to practise panel

(1)This section applies where a fitness to practise panel—

(a)having determined that a registered person’s fitness to practise is impaired (“a finding of impairment”), makes a decision to take no further action under section 138(5);

(b)following a finding of impairment, gives a warning under section 138(6);

(c)following a finding of impairment, makes a conditional registration order under section 138(7);

(d)following a finding of impairment, makes a suspension order under section 138(8);

(e)following a finding of impairment, makes a removal order under section 138(9);

(f)following a finding of impairment, makes a decision in a review case under section 152(8) (disposals following review of undertakings);

(g)following a finding of impairment, makes a decision in a review case under section 153(6), (7) or (9) (disposals following review of conditional registration order);

(h)following a finding of impairment, makes a decision in a review case under section 154(6), (7), (8) or (10) (disposals following review of suspension order);

(i)makes a decision in a review case under section 155(9) or (10) (disposals following review of indefinite suspension order).

(2)The person in respect of whom a decision of a kind listed in subsection (1) was made may appeal against the decision to the tribunal.

(3)An appeal must be brought within the period of 28 days beginning with the day on which notice of the decision is given to the person concerned.

(4)But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(5)On an appeal under this section, the tribunal may—

(a)confirm the decision,

(b)substitute for the decision appealed against another decision that the fitness to practise panel could have made, or

(c)remit the case to SCW to dispose of in accordance with the directions of the tribunal.

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