Commentary on Sections Appeals Section 33: Osteopaths
175.Section 33 amends the Osteopaths Act 1993.  Subsection (2) provides for appeals on decisions to remove registration on grounds of fraud or error to be directed to a county court, or in Scotland, to the sheriff.  This subsection also provides that time for serving notice of appeal, runs for 28 days after notification of the order to remove is “served” rather than beginning on the date on which the order is made. Subsection (2) also sets out the appeal court’s order making powers.
176.Subsections (3) and (4) deal with consequential amendments to sections 22 and 23 of the Osteopaths Act 1993.
177.Subsection (5) amends section 29 of the Osteopaths Act 1993 to provide that appeals against refusal of registration on more general grounds are to be to a county court or in Scotland, the sheriff.  This removes the previous right of the appellant to choose whether to appeal to a county court or the High Court.  This subsection also extends the basis of appeals to issues of fact as well as issues of law and sets out the appeal court’s order making powers.
178.Subsection (6) provides for appeals against decisions in ‘fitness to practise’ cases to be directed to the High Court or Court of Session in Scotland.  The relevant court is dependent on the address which the appellant has (or would have if he was registered) as his registered address with the regulatory body. If an appellant’s registered address is outside the United Kingdom, the appeal will be to the High Court in England and Wales.