23.—(1) A decision within article 38(1A)(d) of the 2001 Order taken before exit day, or a failure within article 38(1A)(e) of that Order arising before exit day, continues to be appealable for the purposes of article 38(1)(b) of that Order (subject to the provisions of that Order) despite the revocation of article 38(1A).
(2) In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in article 38(3) of the 2001 Order, to—
(a)dismiss the appeal, or
(b)allow the appeal and—
(i)direct the Council to take such steps as the court or sheriff thinks fit to draw the findings of the court or sheriff to the attention of the European Commission;
(ii)direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 21(1) or (3), as a person who held a valid European professional card for establishment as a physiotherapist in the United Kingdom immediately before exit day,
and to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.