Paragraph 23 I1

United Kingdom

(1)

A decision within article 38(1A)(d) of the 2001 Order taken before F1IP completion day, or a failure within article 38(1A)(e) of that Order arising before IP completion 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 F2... as a physiotherapist in the United Kingdom immediately before F3IP completion day,

and to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.

Annotations

Textual amendments

F1: Words in Sch. 8 para. 23(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 16(11)(b)
F2: Words in Sch. 8 para. 23(2)(b)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 16(11)(a)
F3: Words in Sch. 8 para. 23(2)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 16(11)(b)

Commencement

I1: Sch. 8 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Notes on Schedule 8

Textual amendments

F1: Words in Sch. 8 title omitted (31.12.2020 immediately before IP completion day) by virtue of The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 16(2)