Regulated Professions (Health and Social Care) (Amendment) Act 2020

Amendment of section 40 of Act of 1985

14. Section 40 of the Act of 1985 is amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) The powers conferred by subsection (1) may be exercised in substitution for any of the powers conferred by section 42 as if the words ‘where section 42 would otherwise apply’ were substituted for the words ‘following an inquiry and report by the Fitness to Practise Committee under section 38 of this Act’ appearing in that subsection.”,

(b) in subsection (2), by the substitution of “to the person to whom the decision relates” for “by pre-paid post to the person to whom the decision relates, at his address as stated in the register,”, and

(c) by the substitution of the following subsection for subsection (5):

“(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.”.