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Dentists Act 1984

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This is the original version (as it was originally enacted).

29Appeals

(1)Where a person is notified—

(a)under subsection (4) of section 27 above that a determination has been made in respect of him under that section, or

(b)under subsection (5) of section 28 above that a direction has been given in respect of him under that section,

he may, within twenty-eight days from the service of the notification, appeal to Her Majesty in Council against that determination or, on any question of law, against that direction.

(2)An appeal under this section from the Professional Conduct Committee or the Health Committee shall be made in accordance with such rules as Her Majesty may by Order in Council provide in relation to that Committee for the purposes of this section ; and the Judicial Committee Act 1833 shall apply in relation to each of those Committees as it applies in relation to a court falling within section 3 of that Act (appeals to Her Majesty in Council to be referred to the Judicial Committee of the Privy Council).

(3)Without prejudice to the application of that Act, on an appeal under this section the Judicial Committee may, in their report, recommend to Her Majesty in Council—

(a)that the appeal be dismissed;

(b)that the appeal be allowed and that the determination or direction appealed against be quashed ;

(c)that such other determination or direction as the Professional Conduct Committee or (as the case may be) the Health Committee could have made or given be substituted for the determination or direction appealed against; or

(d)that the case be remitted to the Professional Conduct Committee or the Health Committee to dispose of the case under section 27 or 28 above in accordance with the directions of the Judicial Committee.

(4)The Council may appear as respondent on any appeal under this section ; and for the purpose of enabling directions to be given as to the costs of any such appeal the Council shall be deemed to be a party to it, whether they appear on the hearing of the appeal or not.

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