Medical Practitioners Act 2007

PART 2

Continuance in being of Council and object and functions of Council, etc.

4.

Continuance in being of Council.

4.— F7 [ (1) Notwithstanding the repeal of section 6 of the Act of 1978 by section 3 , the body known as Comhairle na nDocht ú ir í Leighis, or in the English language as the Medical Council, established by that section of that Act shall continue in being. ]

F8 [ (1A) Subject to subsections (5) to (7) , anything commenced but not completed by the Council, or the committee established under section 13(2)( b ) of the Act of 1978, before the commencement of this subsection may be carried on and completed by the Council (with its membership as constituted under this Act) or that committee (with its membership as constituted under section 13 of the Act of 1978), as the case requires, after such commencement in accordance with the Acts specified in Part 1 of Schedule 1 and the statutory instruments specified in Part 2 of that Schedule notwithstanding the repeal and revocation of those Acts and those statutory instruments or any provisions of them by section 3 . ]

(2) The Council is a body corporate with perpetual succession and an official seal and with power—

( a) to sue and be sued in its corporate name, and

( b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Council may, subject to the provisions of this Act, regulate its own procedure.

(4) Schedule 2 applies to the Council.

F9 [ (5) A person who is a member of the committee referred to in subsection (1A) but who ceases to be a member of the Council under section 17(9)(b) shall, notwithstanding that cesser of membership of the Council, be deemed for the purposes of subsection (1A) to satisfy the requirements of section 13 of the Act of 1978 relating to the membership of that committee. ]

F10 [ (5A) The committee referred to in subsection (1A) shall be deemed, for the purposes of that subsection, to satisfy the requirements of paragraphs ( a ) and ( b ) of section 13(6) of the Act of 1978 relating to its membership even if it ceases to satisfy those requirements by reason of the cesser of membership of one or more of its members. ]

(6) F11 [ Where pursuant to subsection (1A) ] the Council may take any relevant action in respect of the registration of a medical practitioner, then the Council may take the equivalent action under this Act and—

( a) in the case of equivalent action falling within paragraph (a) of the definition of “equivalent action”, section 81 shall apply to the equivalent action accordingly,

( b) in the case of equivalent action falling within paragraph (c) of the definition of “equivalent action”—

(i) paragraph (c) of the definition of “relevant conditions” in section 2 shall be construed to include the equivalent action accordingly, and

(ii) sections 43(6) and 82 shall apply to the equivalent action accordingly.

(7) In subsection (6)

“equivalent action”, in relation to the registration of a medical practitioner, means—

( a) in the case of paragraph (a) of the definition of “relevant action”, the cancellation of the registration pursuant to a decision referred to in section 78(3) ,

( b) in the case of paragraph (b) of the definition of “relevant action”, the suspension of the registration pursuant to a decision referred to in section 78(3) ,

( c) in the case of paragraph (c) of the definition of “relevant action”, the attachment of conditions to the registration pursuant to a decision referred to in section 78(1) ;

“relevant action”, in relation to the registration of a medical practitioner, means any action under Part V of the Act of 1978 pursuant to which the Council may—

( a) erase the practitioner’s name from the General Register of Medical Practitioners or the Register of Medical Specialists,

( b) give effect to a decision of the Council that during a period of specified duration the registration of the practitioner’s name in a register referred to in paragraph (a) shall not have effect, or

( c) attach conditions to the retention of the practitioner’s name in a register referred to in paragraph (a).

Annotations:

Amendments:

F7

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(a), commenced on enactment.

F8

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(a), commenced on enactment.

F9

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(b), commenced on enactment.

F10

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(b), commenced on enactment.

F11

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(c), commenced on enactment.