Health and Social Care Professionals Act 2005

Membership of Council.

9

9.—(1) The Council is to consist of a chairperson and ordinary members, all of whom are to be appointed by the Minister in accordance with this section.

(2) A registrant is not eligible to be appointed chairperson of the Council.

(3) The following are to be appointed as ordinary members:

(a) for each designated profession, one person F10[(referred to in this Act as a "professional member")] who, subject to subsections (6) and (7)

(i) is an elected member of the registration board of the designated profession concerned, and

(ii) is nominated by that board for appointment to the Council;

(b) 9 persons of whom—

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

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

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

(iv) 6 are representative of the interest of the general public and are appointed with the consent of the Minister for Enterprise, Trade and Employment;

(c) 3 persons who have such qualifications, interests and experience as, in the opinion of the Minister, would be of value to the Council in performing its functions.

(4) Before appointing a chairperson under subsection (1) or an ordinary member under subsection (3)(b)(i) or (ii) or (c) or subsection (6), the Minister shall consult with any organisations that he or she considers appropriate.

(5) Persons appointed to represent the interests of the general public may include members of advocacy groups and users of services provided by the designated professions.

F11[(6) The Minister shall, in the circumstances described in subsection (7), appoint as a professional member for a designated profession, instead of a person who meets the criteria in subsection (3)(a), a person who is engaged

(a) in the practice of that profession,

(b) in the education or training of persons with respect to the practice of that profession, or

(c) as a member of that profession, in the management of services provided by that profession.

(7) The circumstances in which the Minister shall make an appointment in accordance with subsection (6) are:

(a) the initial appointment of a professional member to the Council as a result of a health or social care profession F12[being designated in section 4(1) or by regulation under section 4(2)]; or

(b) an appointment of a professional member to the Council F13[to fill a casual vacancy or] when the term of a professional member expires and the registration board of the designated profession in the practice of which those professional members are engaged

(i) has not been established, or

(ii) has been established but has not conducted an election for members of that registration board in accordance with section 28(2).]

F14[(8) The Council shall elect a deputy chairperson of the Council from amongst its members in accordance with Schedule 1.]

F15[(9) In this section, "casual vacancy" has the same meaning as it has in Schedule 1.]

Annotations

Amendments:

F10

Inserted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 3(a), S.I. No. 23 of 2013.

F11

Substituted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 3(b), S.I. No. 23 of 2013.

F12

Substituted (20.12.2017) by Health and Social Care Professionals (Amendment) Act 2017 (32/2017), s. 2(a)(i), S.I. No. 592 of 2017.

F13

Inserted (20.12.2017) by Health and Social Care Professionals (Amendment) Act 2017 (32/2017), s. 2(a)(ii), S.I. No. 592 of 2017.

F14

Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 7, S.I. No. 588 of 2014.

F15

Inserted (20.12.2017) by Health and Social Care Professionals (Amendment) Act 2017 (32/2017), s. 2(b), S.I. No. 592 of 2017.

Modifications (not altering text):

C2

Functions transferred and references to “Minister for Education” construed (1.06.2023) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 291 of 2023), art. 3(1)(a), (2), and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note that Minister for Education and Skills was renamed Minister for Education (22.10.2020) by Education and Skills (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 450 of 2020), in effect as per art. 1(2).

3. (1) The functions vested in the Minister for Education –

(a) by or under the provisions of an Act specified in column (1) of the Schedule, to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified, and

...

are transferred to the Minister for Further and Higher Education, Research,Innovation and Science.

(2) References to the Minister for Education contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research,Innovation and Science.

...

Schedule

Short Title of Act and Number

Provision

(1)

(2)

...

...

Health and Social Care Professionals Act 2005 (No. 27 of 2005);

Section 9 (3)(b)(iii); section 28(1)(b)(iii); section 28A(1)(b)(iii); subsections (8) and (9) of section 48; section 49(2)

...

...

Editorial Notes:

E16

Numbers of appointees under subs. (3)(b) and (3)(b)(iv) varied (4.11.2020) by Health and Social Care Professionals Act 2005 (Section 4(7)) (Membership of Council) Regulations 2020 (S.I. No. 506 of 2020).

E17

Previous affecting provision: numbers of appointees under subs. (3)(b) and (3)(b)(iv) varied (31.10.2015) by Health and Social Care Professionals Act 2005 (Section 4(7)) (Membership of Council) Regulations 2015 (S.I. No. 465 of 2015), in effect as per reg. 1(2); superseded as per E-note above.