36.—(1) Within four months of the notification to him of any decision of a competent authority made in relation to the applicant under Part 3 or regulation 9(2), or thereafter with the leave of the appropriate appeal body, the applicant may appeal against that decision on a matter of law or fact (or of both) to the appropriate appeal body.
(2) This regulation shall not apply in relation to any decision of a competent authority for a particular profession where the right of appeal to a body, other than a competent authority, in relation to that decision is provided for in another enactment relating to that profession.
(3) An appropriate appeal body may, for the purpose of determining any appeal under these Regulations against the decision of a competent authority—
(a) give any authorisation to practise and impose any condition which the competent authority could give or impose in relation to that profession; or
(b) remit the matter to the competent authority with such directions as the appeal body sees fit.
(4) In this regulation, “the appropriate appeal body” means—
(a) where the profession concerned is one set out in the first column of an entry in Schedule 5, the court, tribunal or other person set out in the second column of that entry;
(b) in any other case, the county court or, in Scotland, the sheriff.
37.—(1) Without prejudice to regulations 13 and 35, an applicant shall have the right to use the lawful academic title (and where appropriate the abbreviation thereof) acquired by him in his home State and in the language of that State.
(2) Where the applicant makes use of the possibility provided for in paragraph (1), the competent authority may require that the title shall be followed by the name and location of the establishment or examining board which awarded it.
(3) Where a competent authority decides that an academic title in paragraph (1) is liable to be confused with a title which, in the United Kingdom, requires supplementary training not acquired by the applicant, it may require the applicant to use the academic title of the home State in an appropriate form laid down by the competent authority.
38.—(1) Competent authorities shall provide the Secretary of State with such information (including statistical information) as the Secretary of State may require concerning applications made to those authorities by those seeking to rely on the provisions of the Directive and the actions and decisions taken in respect of those applications.
(2) Following a request by the European Commission, a competent authority shall inform the Secretary of State of the results of any enquiries referred to in regulation 5(7)(b) with which it is dealing within two months of the date on which the competent authority receives such a request.
39. The Regulations set out in the first column of Schedule 6 are hereby revoked to the extent expressed in the third column of that Schedule.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
27th September 2007
Regulations 4 and 6
| Profession | Competent authority |
|---|---|
| Actuary | Institute of Actuaries Faculty of Actuaries |
| Advocate in Scotland | Faculty of Advocates |
Air Traffic Controller Aircraft Maintenance Engineer Airport Fire Officer Airport Fire Fighter |
Civil Aviation Authority |
| Analytical Chemist | The Royal Society of Chemistry |
Barrister in England and Wales |
The General Council of the Bar for England and Wales |
| Barrister in Northern Ireland | The Executive Council of the Inn of Court of Northern Ireland |
| Licensed Boatmaster | Secretary of State |
| Licensed Cab Driver (London) | Transport for London |
In England and Wales: Cash and Valuables in Transit Operative Close Protection Operative Door Supervisor Public Space Surveillance Operative Security Guard Vehicle Immobiliser |
Security Industry Authority |
Childminder in England |
Her Majesty’s Chief Inspector of Schools in England |
| Childminder in Wales | Care and Social Services Inspectorate Wales |
| Chiropractor | The General Chiropractic Council |
| Child Psychotherapist employed in the National Health Service | Association of Child Psychotherapist |
| Clinical Psychologist employed in the National Health Service | British Psychological Society |
| Licensed Conveyancer | The Council for Licensed Conveyancers |
Deck Officer Class 1 – Fishing Vessels Deck Officer Class 2 – Fishing Vessels Deck Officer Class 3 – Fishing Vessels Chief Engineer Class 1 – Fishing Vessels Chief Engineer Class 2 – Fishing Vessels |
Maritime and Coastguard Agency |
Dental Hygienist Dental Therapist Clinical Dental Technician Dental Nurse Dental Technician Orthodontic Therapist |
General Dental Council |
| Registered Dispenser of Hearing Aids | Hearing Aid Council |
Approved Driving Instructor (Great Britain) |
The Registrar for the purposes of Part V of the Road Traffic Act 1988(12) |
| Approved Driving Instructor (Northern Ireland) | The Registrar within the meaning of the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 2004(13) |
| Farrier in England, Wales and Scotland | Farriers Registration Council |
| Harbour Pilot | The competent harbour authority within the meaning of section 1 of the Pilotage Act 1987(14) |
| Registered Gas Installer | Council for Registered Gas Installers |
The following health professions Arts Therapist Biomedical Scientist Chiropodist or Podiatrist Clinical Scientist Dietician Occupational Therapist Operating Department Practitioner Orthoptist Paramedic Physiotherapist Prosthetist and Orthotist Radiographer Speech and Language Therapist |
Health Professions Council |
| Insolvency Practitioner | Secretary of State The Insolvency Practitioners Association Department of Enterprise, Trade and Investment in Northern Ireland The Association of Chartered Certified Accountants The Institute of Chartered Accountants in England and Wales The Institute of Chartered Accountants in Ireland The Institute of Chartered Accountants of Scotland The Law Society The Law Society of Northern Ireland The Law Society of Scotland |
| Inspector of Weights and Measures | Secretary of State |
| Inspector of Weights and Measures in Northern Ireland | Department of Enterprise, Trade and Investment in Northern Ireland |
| Certified Instructor (Motor Cycles) (in Great Britain) | Secretary of State |
Diver Mine Manager Mine Surveyor Mine Electrical Engineer Mine Mechanical Engineer Mine Electrician Mine Mechanic Mine Deputy |
The Health and Safety Executive |
Nurses admitted to: Sub-Part 1 of the nurses’ Part of the Register maintained by the Nursing and Midwifery Council, whose field of practice is mental health nursing, learning disabilities nursing or children’s nursing Sub-Part 2 of the nurses’ Part of the Register maintained by the Nursing and Midwifery Council |
Nursing and Midwifery Council |
| Notary Public (England and Wales) | The Faculty Office |
Optometrist (Ophthalmic Optician) Dispensing Optician |
General Optical Council |
| Osteopath | General Osteopathic Council |
Patent Attorney Patent Agent |
The Chartered Institute of Patent Attorneys |
| Principal of a further education institution in England | Secretary of State |
| Road/Street Works Operatives | Scottish Qualifications Authority |
| Road/Street Works Supervisors | Scottish Qualifications Authority |
| School Teacher in a publicly regulated school in England | The General Teaching Council for England |
School Teacher in a publicly regulated school in Northern Ireland |
The General Teaching Council for Northern Ireland |
| School Teacher in a publicly regulated school in Scotland | The General Teaching Council for Scotland |
| School Teacher in a publicly regulated school in Wales | The General Teaching Council for Wales |
| Social Worker in England | General Social Care Council |
| Social Worker in Northern Ireland | Northern Ireland Social Care Council |
| Social Worker in Scotland | Scottish Social Services Council |
| Social Worker in Wales | Care Council for Wales |
| Solicitor in England and Wales | The Law Society |
| Solicitor in Northern Ireland | The Law Society of Northern Ireland |
| Solicitor in Scotland | The Law Society of Scotland |
| Teacher at a further education institution in England (within the meaning of the Education Act 2002)(15) | The Institute for Learning |
| Teacher at a further education institution in Wales (within meaning of the Education Act 2002) | Welsh Ministers |
| Certified Technically Competent Person | Waste Management Industry Training and Advisory Board |
| Registered Trade Mark Attorney | The Institute of Trade Mark Attorneys |
| Listed Veterinary Nurse | The Royal College of Veterinary Surgeons |