The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002

Decisions of designated authorities and appeals U.K.

25.—(1) The designated authority to which a migrant applies for authorisation to practise shall consider the migrant’s application as soon as is reasonably practicable, and shall notify him of its decision together with the reasons upon which it is based within four months of receipt of all the relevant documents.

(2) The migrant may appeal—

(a) against the decision of the designated authority referred to in paragraph (1); or

(b) in a case in which the period of four months mentioned in paragraph (1) has expired without the notification referred to, in respect of the failure of such authority to make a decision

to the appeal body for the profession provided that such appeal is lodged within three months of the notification to him of the designated authority’s decision, or of the expiry, without a decision being notified to him, of the period laid down in paragraph (1) or thereafter with leave of the appeal body.

(3) A migrant who has a right of appeal under this Regulation and, in respect of the same issue, a right of appeal under any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association may not exercise the two rights separately but may take advantage of whichever right of appeal is, in any respect, the more favourable to him.

(4) The appeal body for a profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

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

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

(5) Without prejudice to any powers of the Court of Session in Scotland to regulate the proceedings of itself and those of the sheriff courts but subject always to paragraph (6), an appeal body in England and Wales or Northern Ireland may make rules of procedure governing the hearing and determination of any appeal under these Regulations against the decision of a designated authority. Such rules may make different provision for different cases.

(6) In the case of a migrant exercising the composite right described in paragraph (3), the rules of procedure governing the hearing and determination of the appeal shall apply subject to any modification necessary to give effect to the more favourable provision.