Health Professions Order 2001

Appeals U.K.

38.—(1) An appeal from—

(a) any order or decision of the Health Committee or the Conduct and Competence Committee other than an interim order made under article 31, shall lie to the appropriate court; and

(b) [F1 a decision of the Council [F2 under article 37]] or of the Investigating Committee under article 26(7) or (12) [F3 or of the Registrar under article 33(7)(a) as to whether he is satisfied as mentioned in article 10(4)(aa)] shall lie to a county court or, in Scotland, to [F4 the sheriff in whose sheriffdom the person’s address in the register is (or if he were registered would be) situated].

F5 (1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (1B) No appeal lies to the Council where the Registrar—

(a) has refused to register a person under article 9A, or

(b) has revoked a person's registration under that article.]

(2) In any appeal under this article the Council shall be the respondent.

(3) The Court or sheriff may—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against F8 ...;

(c) substitute for the decision appealed against F9 ... any other decision the Practice Committee concerned or the Council, as the case may be, could have made; or

(d) remit the case to the Practice Committee concerned or Council, as the case may be, to be disposed of in accordance with the directions of the court or sheriff,

and may make such order as to costs (or, in Scotland, expenses) as it, or he, as the case may be, thinks fit.

(4) In this article F10 ... “the appropriate court” means—

(a) in the case of a person whose registered address is (or, if he were registered, would be) in Scotland, the Court of Session;

(b) in the case of a person whose registered address is (or, if he were registered, would be) in Northern Ireland, the High Court of Justice in Northern Ireland; and

(c) in any other case, the High Court of Justice in England and Wales.

F11 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in art. 38(1)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 276(a)

F2 Words in art. 38(1)(b) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 13(a) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 38(1)(b) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 17

F4 Words in art. 38(1)(b) substituted (27.7.2004) by The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 (S.I. 2004/2033), arts. 1(2), 10(3)

F5 Art. 38(1ZA) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 24(2) (with savings in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F6 Art. 38(1A) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 13(b) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 38(1B) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 1 para. 2(4) (with ss. 89, 90) (subject to expiry in accordance with s. 89(1)(2)(b) of the modifying Act)

F8 Words in art. 38(3)(b) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 13(c)(i) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in art. 38(3)(c) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 8 para. 13(c)(ii) (with reg. 12A, Sch. 8 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 16(6)-(13)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in art. 38(4) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 24(3) (with savings in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

F11 Art. 38(5) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 24(4) (with savings in S.I. 2019/1140, regs. 1, 23(1)-(5); S.I. 2019/1436, reg. 2(b)); S.I. 2019/1436, reg. 2(s)

Commencement Information

I1 Art. 38 not in force at made date, see art. 1(2)

I2 Art. 38 in force at 9.7.2003 as notified in the London Gazette dated 27.6.2003, see art. 1(3) (with transitional provisions in S.I. 2003/1700)