Paragraph 15 IMI alertsI1

United Kingdom

(1)

This paragraph applies where—

(a)

before F1IP completion 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 F2IP completion day; or

(ii)

an appeal against the decision under that section is made, but not finally determined, before F3IP completion 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 F4IP completion 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 F5IP completion 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

F6(b)

if the sheriff considers that the alert should not have been sent, to allow the appeal.

Annotations

Textual amendments

F1: Words in Sch. 9 para. 15(1)(a) 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), 17(6)
F2: Words in Sch. 9 para. 15(1)(b)(i) 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), 17(6)
F3: Words in Sch. 9 para. 15(1)(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), 17(6)
F4: Words in Sch. 9 para. 15(2) 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), 17(6)
F5: Words in Sch. 9 para. 15(3) 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), 17(6)
F6: Sch. 9 para. 15(3)(b) substituted (24.2.2022) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2022 (S.I. 2022/82), regs. 1(2), 3(10)

Commencement

I1: Sch. 9 para. 15 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)