Veterinary Surgeons' Qualifications (European Recognition) Order 2003

4.  After the new section 5B, there is inserted—

“Appeals on refusal to register

5C—(1) A person may appeal to the Council if his application for registration under section 5A or 5B of this Act is refused.

(2) An appeal under subsection (1) of this section shall be brought within three months of—

(a)the date on which the applicant receives the notice referred to in subsection (3) of section 5A of this Act or, as the case may be, that subsection as applied by section 5B(4); or

(b)if, under subsection (5) of section 5A of this Act, or that subsection as applied by section 5B(4), the applicant’s application is deemed to have been refused, the date of the deemed refusal.

(3) An appeal under subsection (1) of this section shall be referred to the registration appeals committee which may—

(a)dismiss the appeal;

(b)allow the appeal and quash the decision appealed against;

(c)substitute for the decision appealed against any other decision which could have been made; or

(d)remit the case to the registrar to dispose of in accordance with the directions of the committee.

(4) The registration appeals committee shall, within 28 days of making a decision, give notice of its decision to the applicant.

(5) A notice under subsection (4) shall—

(a)give reasons for the decision of the registration appeals committee; and

(b)refer to the applicant’s right to appeal to the appropriate court against the decision of the registration appeals committee.

(6) A person may appeal to the appropriate court against the decision of the registration appeals committee within 28 days of the date on which he was notified of that decision.

(7) In subsections (5), (6) and (9), the “appropriate court” is—

(a)a county court; or

(b)in the case of a person whose address in the register would, if he were registered, be in Scotland, the sheriff in whose sheriffdom the address is situated.

(8) The Council of the College may appear as respondent on any such appeal and, for the purpose of enabling directions to be given as to the costs of any such appeal, shall be deemed to be a party to the appeal whether they appeared at the hearing or not.

(9) On an appeal to the appropriate court under this section, the court (or the sheriff) may—

(a)dismiss the appeal;

(b)allow the appeal and quash the decision of the registration appeals committee;

(c)substitute for the decision appealed against any other decision which could have been made by the registration appeals committee; or

(d)remit the case to the registration appeals committee to dispose of in accordance with the directions of the court,

and may make such order as to costs (or in Scotland, expenses), as it (or he) thinks fit.”