Article 49 First article amending section 40 of the Act

after subsection (1) insert the following subsection—

“(1A)

A decision under regulations made—

(a)

under section 31 above by virtue of subsection (8) of that section; or

(b)

under section 31A(1)(c) above,

not to restore a person’s name to the register for a reason that relates to his fitness to practise is also an appealable decision for the purposes of this section.”;

after subsection (4) insert the following subsection—

“(4A)

A person in respect of whom an appealable decision falling within subsection (1A) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served, appeal against the decision to the relevant court.”; and

in subsection (5), for “subsection (4)” substitute “subsections (4) and (4A)”.