Article 17 Appeal to a courtI1
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 the court by a person listed in the corresponding entry in the third column.
| Provision | Decision maker | Appellant |
|---|---|---|
| article 6(2) and (3) | the Panel or person prescribed | the applicant |
| article 7 | the Regulator | the person registered |
| article 9(1)(c) | 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 10(5) | the Panel | the person to whom the determination relates |
| article 11(1) and (2) | the Panel | the person to whom the Interim Measure relates |
| article 12(4) | the Regulator | the person to whom the Interim Measure relates |
| article 13(1) | the case examiner or Panel | the person to whom the Final Measure relates |
| article 14(3) | the Regulator | the person to whom the Final Measure relates |
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 the relevant court by a person listed in the corresponding entry in the third column.
For the purposes of paragraph (2), the “relevant court” means a county court or, in Scotland, the sheriff in whose Sheriffdom is situated the address—
which is shown in the register as the address of the person listed in the third column of the table, or
which would have been so shown if the person were registered.
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 the relevant court.
For the purposes of paragraph (3A)—
an application is a complete application where the applicant has complied with the requirements of article 6(1)(b) and (c);
the “relevant court” means a county court or, in Scotland, the sheriff in whose Sheriffdom is situated the address—
which is shown in the register as the address of the applicant, or
which would have been so shown if the applicant were registered.
Where an appeal lies against a decision by virtue of article 16(1) F2or (2A), such an appeal may not be commenced under this article unless—
permission to appeal has been refused under article 16(3)(b), or
the Panel has disposed of the appeal in accordance with article 16(5).
Where a person wishes to appeal to the court, county court or sheriff under this article, the appeal must be commenced within 28 days beginning with the later of the date on which—
the decision,
a revision of the decision under article 15,
a refusal of permission to appeal under article 16, or
the determination of an appeal F3... under article 16,
was notified to the person listed in the third column of the table in paragraph (1) or (2) F4, or where an appeal is made by virtue of paragraph (3A), the applicant.
On an appeal under this article, the court, county court or sheriff 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.
The court, county court or sheriff may make any order as to costs or, in Scotland, expenses as it thinks fit.
No appeal under this article lies against a decision made solely on the ground that the person has not—
paid a fee payable in accordance with rules made under paragraph 8 of Schedule 4, or
applied for registration in accordance with rules made under paragraph 4(1)(a) of Schedule 4.
Unless the context otherwise requires, reference to a decision in this article includes a decision—
as revised under article 15, and
as amended following an appeal under article 16.
Annotations
Textual amendments
- F1
Art. 17(3A)(3B) 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(4)(a)
- F2
Words in art. 17(4) 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(4)(b)
- F3
Words in art. 17(5)(d) omitted (19.12.2024) by virtue of 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(4)(c)(i)
- F4
Words in art. 17(5)(d) 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(4)(c)(ii)
Commencement
- I1
Art. 17 in force at 13.12.2024, see art. 1(3)