|
|
Appeal to the High Court.
|
39.—(1) Whenever the Council—
|
|
| |
(a) refuses to register in the register the name of a person who has duly applied for such registration; or
|
|
| |
(b) fails to register in the register the name of a person who has duly applied for such registration; or
|
|
| |
(c) erases the name of a person from the register on account of his failure to pay an annual fee or on account of professional misconduct; or
|
|
| |
(d) refuses an application for restoration to the register made by a person whose name had been erased from the register by the Council on account of professional misconduct;
|
|
| |
such person may, in the case of a failure to register, within six months after his application for registration or, in any other case, within three months after receiving from the Council notice under this Act of the refusal or erasure (as the case may be), appeal to the High Court in accordance with rules of court against such failure, refusal, or erasure, as the case may be
|
|
| |
(2) On the hearing of an appeal under this section the High Court may give such directions as it thinks proper, including a direction that the name of the appellant be registered in or restored to the register as from the date of the order of the Court or any earlier date, and directions as to how the costs of the appeal are to be borne.
|
|
| |
(3) On the hearing of an appeal under this section from the erasure of the name of a person from the register by the Council on account of professional misconduct or from a refusal by the Council of an application for restoration to the register made by a person whose name had been erased from the register by the Council on account of professional misconduct, the High Court may, if it thinks proper so to do, admit and have regard to evidence of persons of standing in the veterinary profession as to what is conduct disgraceful to a veterinary surgeon in a professional respect.
|
|
| |
(4) Whenever the High Court on an appeal under this section directs the name of a person to be registered in or restored to the register, the Council shall register or restore (as the case may require) the name of such person in or to the register in accordance in all respects with such direction.
|
|
| |
(5) The decision of the High Court on an appeal under this section shall be final and conclusive and shall not be subject to appeal to any other Court or tribunal.
|
