The European Qualifications (Health and Social Care Professions) Regulations 2016

Insertion of articles 11ZZA and 11ZZB

22.  After article 11 (evidence of qualification to be registered), insert(1)—

“Appeals: decisions in relation to alerts and European professional cards

11ZZA.   The following are appealable to the Council—

(a) a decision of the Society under regulation 67 of the General Systems Regulations to send an alert about a person;

(b) a decision of the Society to revoke, or not to issue, extend or vary, a European professional card under Schedule 2C or Part 4 of the General Systems Regulations;

(c) a failure by the Society to make a decision in relation to a European professional card within the time limit under paragraph 10(4) or 12(4) of Schedule 2C or regulation 51(1) or 56(1) of the General Systems Regulations.

Appeals to the Council under Article 11ZZA

11ZZB.— (1) A person in respect of whom a decision falling within Article 11ZZA(a) or (b) has been made may appeal to the Council by giving notice of appeal to the registrar within 28 days beginning with and including the date on which the Society gave notice of its decision to the person.

(2) A person in respect of whom the Society has failed to make a decision falling within Article 11ZZA(c) may appeal to the Council by giving notice of appeal to the registrar within 28 days beginning with and including the date by which the Society was required to have given notice of its decision to the person.

(3) The registrar may, by authorisation in writing, extend the time for giving notice of appeal under paragraph (1) or (2) by up to 14 days.

(4) Having considered the appeal, the Council may—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against or, in the case of an appeal against a decision falling within Article 11ZZA(a), direct that the alert be withdrawn or amended;

(c) substitute for the decision appealed against any decision or other decision that could have been taken by the decision maker or, in the case of an appeal under paragraph (2), enter any decision which could have been taken by the Society; or

(d) remit or refer the case to the Society or the registrar for disposal of the matter in accordance with the Council’s directions.

(5) The Council must, as soon as reasonably practicable, send to the appellant a statement in writing giving the appellant notice of the Council’s decision and the reasons for it.

(6) Subject to paragraph (7), the Council must, as soon as reasonably practicable, publish, in such manner as it sees fit, its decision and the reasons for it.

(7) If the Council has allowed the appeal, or has taken a decision or issued a direction that has the effect of allowing the appeal, it is not required to publish its decision or direction, and the reasons for it, unless the appellant so requests.”.

(1)

Article 11 was amended by S.R. (N.I.) 2008 No. 192 and 2012 No. 308; article 11ZA was inserted by S.I. 2015/806.