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Appeals from removal from Register of Dispensing Opticians, etc.
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39.—(1) Where, under this Act, the name of a person has been removed from the Register of Dispensing Opticians, the person may appeal from the decision of the Board either to the High Court or the Minister (but not to both) within three months after the notification to the person of such removal.
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(2) The decision of the High Court or the Minister (as the case may be) on an appeal under this section shall be final.
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(3) Where an appeal under this section to the High Court is successful—
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(a) the court may award costs against the Board,
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(b) the Board shall give notice of the result of the appeal to the Minister,
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(c) the Board shall restore the name of the appellant to the Register of Dispensing Opticians,
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(d) the court may, if satisfied that the Board acted in an unreasonable manner in removing the appellant's name from the Register of Dispensing Opticians, direct the Board to pay such sum as the court considers reasonable compensation for any loss of practice sustained by the appellant between the decision of the Board and the determination of the appeal and the Board shall pay any such sum to the appellant.
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(4) Where an appeal under this section to the Minister is successful—
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(a) the Board shall restore the name of the appellant to the Register of Dispensing Opticians, and
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(b) the Board may, if they so think fit, pay to the appellant such sum as they consider reasonable compensation for any loss of practice sustained by the appellant between the decision of the Board and the determination of the appeal.
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