Health and Social Care Professionals Act 2005

Notification to Minister and employer of certain disciplinary matters.

76

76.—(1) The Council shall F115[notify the Health Service Executive and such other persons as the Council thinks fit] as soon as practicable after any of the following measures take effect under this Part:

(a) the cancellation of a person's registration;

(b) the restoration of a person's name to a register;

(c) the suspension of a person's registration;

(d) the termination of the period during which a person's registration is suspended;

(e) the attachment of conditions to a person's registration;

(f) the removal of conditions attached under this Part to a person's registration;

(g) the prohibiting of a person from applying for a specified period for restoration to the register;

(h) the admonishment or censuring of a person.

(2) If it comes to the Council's attention that, under the law of a state other than the State, an action corresponding to one referred to in any of paragraphs (a) to (h) of subsection (1) has been taken in relation to a registrant, the Council shall F115[, if satisfied that it is in the public interest to do so, notify the Health Service Executive] of the matter.

(3) The Council shall F116[(if satisfied that, in the case of an action referred to in subsection (2), it is in the public interest to do so)] notify an employer if—

(a) it comes to the Council's attention that any action referred to in subsection (1) or (2) has been taken in relation to a registrant employed by the employer, and

(b) the employer's name is known to the Council.

F116[(4) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any action referred to in subsection (1) has been taken in relation to a registrant, and

(ii) the Council has reason to believe that—

(I) the registrant is registered in another jurisdiction in any designated profession, and

(II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council in so far as that profession is concerned.

(b) If the registration board concerned has not already done so, the Council shall give notice in writing to that body of that action and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with copies of documents relevant to that action (including a copy of the report concerned referred to in section 63(1)).

(5) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any action referred to in subsection (2) has been taken in relation to a registrant, and

(ii) the Council has reason to believe that—

(I) the registrant is registered in another jurisdiction in any designated profession, and

(II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council in so far as that profession is concerned.

(b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that action.]

Annotations:

Amendments:

F115

Substituted (24.03.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 45(a), (b), S.I. No. 120 of 2021.

F116

Inserted (24.03.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 45(c), (d), S.I. No. 120 of 2021.