Paragraph 15 IMI alerts

(1)

This paragraph applies where—

(a)

before exit day, a person is given notice of a decision made under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 to send an alert about the person; and

(b)

either—

(i)

the time limit for appeal against the decision under section 51(1)(c) of the 2001 Act expires on or after exit day; or

(ii)

an appeal against the decision under that section is made, but not finally determined, before exit day.

(2)

Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the decision on and after exit day—

(a)

section 51(1)(c); and

(b)

in section 77, the definition of “the General Systems Regulations”.

(3)

In disposing of an appeal against the decision on or after exit day, the sheriff has (instead of the powers specified in section 51(2) of the 2001 Act) the power—

(a)

to confirm the decision; or

(b)

if the sheriff considers that the alert should be withdrawn or amended, to direct that the Scottish Social Services Council take such steps as the sheriff thinks fit to notify the European Commission of the sheriff’s decision.