Appeals

Who can appeal?

The physician associate (PA) or the anaesthesia associate (AA) has the right to appeal the outcome of an interim measures tribunal (IMT) within 28 days of being notified of the tribunal's decision.

Appeals against new interim measures 

When an interim measure is first imposed by an IMT, the PA or AA may appeal directly to the relevant court under Article 17 of The Anaesthesia Associates and Physician Associates Order 2024 (AAPA Order). 

Where are appeals to the court made to? 

Depending on the PA's or AA's registered address, appeals are made to the:

• Court of Session in Scotland
• High Court of Justice in Northern Ireland
• High court of Justice in England and Wales.

The Civil Procedure Rules 1998 governs appeals. 

What can happen at a court appeal hearing? 

If a case proceeds to a court hearing, the judge can:

• dismiss the appeal 
• quash the decision under appeal
• substitute the decision under appeal for any other decision which could have been made by the tribunal
• remit the matter to be disposed of in accordance with directions.

Appeals against interim measures review outcomes 

When an interim measure is reviewed by an IMT, the PA or AA can appeal to an internal appeal panel arranged by the MPTS (Article 16 of AAPA Order). To pursue an internal appeal the PA or AA must seek permission to appeal within 28 day of being notified of the tribunal's decision. 

Applications for permission to appeal are considered by a legally qualified chair (LQC) who will either grant or refuse permission. If permission is refused, the PA or AA has a right to appeal to the relevant court. 

What can happen at an internal appeal panel hearing? 

If permission to appeal is granted, an internal appeal panel will be arranged by the MPTS. Internal appeal panel hearings take place in accordance with the Appeals Rules. The internal appeal panel can:

• dismiss the appeal
• quash the decision under appeal
• substitute the decision under appeal for any other decision which could have been made by the tribunal
• remit the matter to an IMT to be disposed of in accordance with directions.