PART VI

APPEALS

Appeals
38
1
An appeal from—
a
any order or decision of the Fitness to Practise Committee other than an interim order made under article 31, shall lie to the appropriate court; and
b
a decision of the Council mentioned in paragraph (1A) or of the Investigating Committee under article 26(7) or (12) shall lie to a county court or, in Scotland, to a sheriff.
1ZA
An appeal from a decision referred to in paragraph (1)(b) relating to a nursing associate or a person seeking registration in the nursing associates’ part of the register lies only to the county court.
1A
The decisions referred to in paragraph (1)(b) are—
a
any decision of the Council under article 37;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 ...;
c
substitute for the decision appealed against any other decision the Fitness to Practise Committee or the Council, as the case may be, could have made; or
ca. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
remit the case to the Fitness to Practise Committee 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
Subject to paragraph (5), in this article “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.
5
Where the appeal mentioned in paragraph (1)(a) concerns a nursing associate, “the appropriate court” means the High Court of Justice in England and Wales.
Art. 38 applied (with modifications) (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 6(b)
Art. 38 applied (with modifications) (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 7(4)(b)
Art. 38 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)
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), 167(a)
Art. 38(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 167(b)
Words in art. 38(4)(c) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 167(c)
Art. 38(1A)(b) omitted (18.11.2016) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 64(2) (with reg. 155)
Words in art. 38(1)(a) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 17(a) (with art. 3)
Words in art. 38(3)(c) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 17(b) (with art. 3)
Words in art. 38(3)(d) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 17(b) (with art. 3)
Art. 38(1ZA) inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 27(a)
Words in art. 38(4) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 27(b)
Art. 38(5) inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 27(c)
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. 4 para. 16(a) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
Word in art. 38(3)(c) inserted (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. 4 para. 16(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 38(3)(ca) 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. 4 para. 16(c) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)