Commentary on Sections Appeals Sections 30 to 34: Appeals
164.A professional has a right of appeal against the decisions of regulatory bodies on fitness to practise cases.  Under current law, some professions appeal to the Judicial Committee of the Privy Council, and some appeal to the High Court. The purpose of these sections is to introduce consistency across the professions.  The main effect of these five sections is to redirect appeals from doctors, dentists, opticians, osteopaths and chiropractors to the High Court.
165.In addition to dealing with appeals against fitness to practise decisions, these sections bring consistency to the route taken by appeals against registration decisions. At present the Osteopaths Act 1993, the Chiropractors Act 1994, the Medical Act 1983 and the Opticians Act 1989 provide for an appeal from decisions to remove registration on grounds of fraud or error to the Judicial Committee of the Privy Council.  These sections move this appeal to, in England and Wales, and in Northern Ireland, a county court and in Scotland to a sheriff court.
166.The Osteopaths Act 1993 and the Chiropractors Act 1994 currently provide for an appeal on points of law from decisions to refuse registration on more general grounds (section 29 of each Act) to a county court or the High Court at the appellant’s choice.  These sections remove this option to appeal to the High Court and restrict such appeals to a county court.  At the same time the basis of appeal is widened so that it can be on issues of fact and law, rather than solely on points of law as currently.