Health and Social Care Professionals Act 2005

Membership of registration boards.

28

28.—(1) Subject to F27 [ subsections (4) to (6) F28 [ ] and section 36B(1) , the registration board of a designated profession, other than a registration board which is the registration board of 2 or more designated professions, ] is to consist of the following members:

( a) 6 persons appointed by the Minister on their election by the registrants of that profession, of whom—

(i) 3 are to be registrants of the designated profession who are engaged in the practice of that profession,

(ii) 2 are to be registrants of the designated profession who are engaged, as members of that profession, in the management of services provided by it, and

(iii) one is to be a registrant of the designated profession who is engaged in the State in the education and training of persons with respect to the practice of the designated profession;

( b) 7 persons appointed by the Minister, of whom—

(i) one is to be representative of the management of the public health sector, the social care sector or both sectors,

(ii) one is to be representative of the management of a voluntary or private sector organisation concerned with health or social care,

(iii) one is to be representative of third level educational establishments in the State involved in the education and training of persons with respect to the practice of the designated profession and is nominated by the Minister for Education and Science, and

(iv) 4 are to be representative of the interest of the general public and are appointed with the consent of the Minister for Enterprise, Trade and Employment.

(2) The election of members under subsection (1)(a) shall be conducted in accordance with the bye-laws of the registration board concerned and before the commencement of the members' terms of office.

(3) Before appointing a member under subsection (1)(b)(i) or (ii) or (4), the Minister may consult with any organisations that he or she considers appropriate.

(4) When the registration board of a designated profession is first constituted, F29 [ and until the end of the transitional period, within the meaning of section 90 , in relation to the profession concerned ] subsection (1)(a) does not apply and instead the Minister shall appoint 6 persons, of whom—

( a) 3 are to be persons who are engaged in the practice of the designated profession,

( b) 2 are to be persons who are engaged, as members of the designated profession, in the management of services provided by it, and

( c) one is to be a person who is engaged in the State in the education and training of persons with respect to the practice of the designated profession.

(5) If no person qualifies under subsection (1)(a)(ii) or (iii) for election or under subsection (1)(b)(iii) or (4)(b) or (c) for appointment to the registration board concerned—

( a) subsection (1)(a)(ii) or (iii) or subsection (1)(b)(iii) or (4)(b) or (c), as the case may be, does not apply in relation to the board, and

( b) the references in subsections (1)(a) and (4) to 6 persons and in subsection (1)(b) to 7 persons are, in relation to the board, to be read as modified accordingly.

(6) If, for any reason other than the operation of subsection (5), fewer than 6 registrants of a designated profession are elected as members of its registration board under subsection (1)(a), the Minister may appoint as members of the board sufficient registrants of that profession to compensate for the deficiency in the number of elected registrants.

(7) Registrants appointed to a registration board under subsection (6) are, during their term of office, considered to be elected members of the board.

F30 [ (8) F31 [ ] ]