Article 16 Appeal to a PanelI1
United Kingdom
In respect of a provision listed in the first column of the following table, a decision of the decision maker listed in the corresponding entry in the second column may be appealed to a Panel by a person listed in the corresponding entry in the third column.
| Provision | Decision maker | Appellant |
|---|---|---|
| article 6(1) | the Registrar | the applicant |
| article 6(3) | the person prescribed | the applicant |
| article 7 | the Regulator | the person registered |
| article 8 | the Regulator | the person who is subject to the condition |
| article 9(2) | the Registrar | the person to whom the entry relates |
| article 10(3), other than sub-paragraph (b)(ii) | the case examiner | the person to whom the determination relates |
| article 12(4) | the Regulator | the person to whom the Interim Measure relates |
| article 13(1) | the case examiner | the person to whom the Final Measure relates |
| article 14(3) | the Regulator | the person to whom the Final Measure relates |
A person who wishes to appeal under paragraph (1) must seek permission to do so from the Regulator within 28 days beginning with the date on which the decision was notified to the person listed in the third column of the table.
Where an applicant has applied for registration in reliance on a specified state qualification, and the Regulator has failed to notify the applicant of its decision under article 6(1) within four months beginning with the day after the date of receipt of the complete application by the Registrar, the applicant may appeal to a Panel.
A person who wishes to appeal under paragraph (2A) must seek permission to do so from the Regulator within 28 days beginning with the day on which the time period referred to in paragraph (2A) ends.
For the purposes of paragraph (2A), an application is a complete application where the applicant has complied with the requirements of article 6(1)(b) and (c).
Following receipt of an application for permission to appeal, the Regulator must—
grant permission,
refuse permission, or
where the rules under paragraph 3 of Schedule 4 permit, revise the decision under article 15.
Rules made under paragraph 12 of Schedule 4 may prescribe other persons who may appeal against a decision made under a provision listed in the first column of the table in paragraph (1).
On an appeal under this article, the Panel may—
dismiss the appeal;
quash the decision under appeal;
substitute for the decision under appeal a decision that could have been made;
remit the matter to be disposed of in accordance with directions.
No appeal under paragraph (1) lies against a decision made solely on the ground that the person has not—
applied for registration under article 6 in accordance with rules made under paragraph 4(1)(a) of Schedule 4, or
paid a fee payable in accordance with rules made under paragraph 8 of Schedule 4.
Reference to a decision under paragraph (1) includes a decision—
as previously revised under article 15, and
as amended pursuant to article 17(6)(d).
Annotations
Textual amendments
- F1
Art. 16(2A)-(2C) inserted (19.12.2024) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(2)(3)(e), 23(3)
Commencement
- I1
Art. 16 in force at 13.12.2024, see art. 1(3)