Health and Social Care Professionals Act 2005

Number 27 of 2005

HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005

REVISED

Updated to 16 May 2024

This Revised Act is an administrative consolidation of the Health and Social Care Professionals Act 2005. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the Medical Scientists Registration Board Approved Qualifications Bye-Law 2024 (S.I. No. 220 of 2024), made 16 May 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 27 of 2005

HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005

REVISED

Updated to 16 May 2024

ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section
1.	Short title.
2.	Commencement.
3.	Interpretation.
4.	Designated professions.
5.	Expenses of administering this Act.

PART 2

Health and Social Care Professionals Council

6.	Establishment of Council.
7.	Object of Council.
8.	Functions and powers of Council.
9.	Membership of Council.
10.	Allowances for expenses of members.
11.	Chief executive officer.
12.	Staff and consultants.
13.	Superannuation.
14.	Membership of either House of Oireachtas or European Parliament.
15.	Disclosure of interests by members of Council or committee.
16.	Disclosure of interests by staff.
17.	Expenses of Council.
18.	Power to charge and recover fees.
19.	Power to borrow.
20.	Gifts.
21.	Accounts and audit.
22.	Council's power to make rules.
23.	Committees of Council.
24.	Removal of members of Council from office.
25.	Annual report of Council.

PART 3

Registration Boards

26.	Establishment of registration boards.
27.	Object, functions and powers of registration boards.
27A.	Functions of registration boards: approval of qualifications, etc.
28.	Membership of registration boards.
28A.	Membership of registration boards of 2 or more designated professions.
29.	Allowances for expenses of members.
30.	Registrar, deputy registrars and administrative support.
31.	Registration board's power to make bye-laws.
32.	Publication and other requirements relating to draft and other bye-laws.
33.	Committees of registration board.
34.	Removal of members of registration board from office.
35.	Annual report of registration board.

PART 4

Registration

36.	Establishment and maintenance of registers.
36A.	Transitional provisions applicable to registers of members of designated professions of optometrist and dispensing optician.
36B.	Transitional provisions applicable to register of radiographers.
37.	Application for registration.
38.	Registration in register of designated profession.
39.	Removal of names from register at registrants' request and restoration to register.
40.	Removal of names from register for failure to pay annual fee and restoration to register.
40A.	Conditions attached to registration.
41.	Certificate of registration and notification of decision.
42.	Content of notification of decision.
42A.	Performance of functions under section 27A.
42B.	Right to apply to Council in relation to performance of functions under section 27A.
43.	Right to apply to Council for cancellation of decision refusing to grant or restore registration.
44.	Appeal to High Court from Council’s decision under section 43.
44A.	Declarations by registrants in relation to certain matters in State or other jurisdictions, etc.
45.	Updating of registrant information and correction of errors.
45A.	Council may request certain information concerning registrant from certain bodies in State or other jurisdictions.
46.	Access to, and publication of, registers.
47.	Evidence relating to registration, etc.

PART 5

Education and Training

48.	Approval of education and training programmes.
49.	Monitoring of continuing suitability of education and training programmes.

PART 6

Complaints, Inquiries and Discipline

50.	Definitions (Part 6).
51.	Disciplinary committees.
52.	Complaints about conduct or competence of registrants.
53.	Referral of complaints to preliminary proceedings committee.
53A.	Persons to assist preliminary proceedings committee.
54.	If, in opinion of preliminary proceedings committee, complaint does not warrant further action.
55.	Resolution of complaints by mediation or other informal means.
56.	Referral of complaint to mediation, etc., or to committee of inquiry.
57.	Duty to notify registrant of referral to, and hearing by, committee of inquiry.
58.	Conduct of hearing.
59.	Powers and protections relating to witnesses and evidence.
60.	If immediate suspension of registration is necessary to protect the public.
61.	If registrant consents to censure or remedial action, etc.
62.	If complaint is withdrawn.
63.	Report to Council by committee of inquiry.
64.	Steps to be taken by Council after receiving report.
65.	Duty of registration board to recommend appropriate disciplinary sanction. (Repealed)
66.	Direction by Council to impose disciplinary sanction.
67.	Duty to notify registrant of Council’s directions.
68.	Confirmation by High Court required before certain directions become effective.
69.	Application to High Court for cancellation of Council’s direction.
70.	Application to High Court for confirmation of Council’s direction.
71.	Evidence relating to application to High Court and right of appeal from decision under section 69 or 70.
72.	Duty to notify registrant of compliance with directions confirmed or given by High Court.
73.	Restoration to register.
74.	Removal of conditions of registration.
75.	Appeal to High Court from Council's decision under section 73 or 74.
76.	Notification to Minister and employer of certain disciplinary matters.
77.	Disciplinary information may be published in public interest.
78.	Privilege relating to disciplinary proceedings.
78A.	Information Council may publish in public interest.

PART 7

Professional Titles and Offences

79.	Use of professional titles.
80.	Offences.
81.	Prosecution of offences.

PART 7A

Prescription and Sale of Spectacles

81A.	Restriction on prescribing spectacles and dispensing prescriptions for spectacles.
81B.	Restriction on selling spectacles.
81C.	Bye-laws for regulation and control of prescribing, dispensing of prescriptions or sales.
81D.	Bye-laws for control of advertising.
81E.	Saver for manufacture of spectacles, etc.

PART 8

Dissolution of National Social Work Qualifications Board

82.	Definitions (Part 8).
83.	Transfer day and dissolution of Board.
84.	Transfer of staff.
85.	Transfer of property and liabilities to Council.
86.	Preservation of certain contracts and adaptation of references.
87.	Pending legal proceedings.
88.	Preparation of accounts.
89.	Revocation of order.

PART 9

Transitional Provisions

90.	Definitions (Part 9).
91.	Registration of existing practitioners.
91A.	Use of professional titles.

PART 9A

Dissolution of Opticians Board

91B.	Definition of "Opticians Board".
91C.	Dissolution of Opticians Board.
91D.	Transfer of staff.
91E.	Transfer of property and liabilities to Council.
91F.	Preservation of certain contracts, etc., and adaptation of references.
91G.	Pending legal proceedings.
91H.	Preparation of accounts.
91I.	Transfer of records.
91J.	Liability of Opticians Board for acts or omissions.

PART 10

Miscellaneous Matters

92.	Liability of Council and registration boards for acts or omissions.
93.	Judicial notice of seals and admissibility of sealed instruments.
94.	How registrants, former registrants and applicants are to be notified.
95.	Minister’s power to make regulations.
96.	Minister’s power to amend or revoke certain orders.
97.	Investigations.
98.	Special measures registration having regard to Covid-19.
99.	Admissibility of certain documents relating to proceedings in State or other jurisdictions.
100.	Power to specify form of documents.

SCHEDULE 1

The Council: Miscellaneous Provisions

SCHEDULE 2

Registration Boards: Miscellaneous Provisions

SCHEDULE 3

Qualifications Required by Existing Practitioners

SCHEDULE 4

Relevant Professional Qualification: Relevant Designated Profession and Relevant Person

Acts Referred to
Carer's Leave Act 2001	2001, No. 19
Ethics in Public Office Act 1995	1995, No. 22
European Parliament Elections Act 1997	1997, No. 2
Medical Practitioners Act 1978	1978, No. 4
Minimum Notice and Terms of Employment Acts 1973 to 2001
Organisation of Working Time Act 1997	1997, No. 20
Parental Leave Act 1998	1998, No. 30
Petty Sessions (Ireland) Act 1851	14 & 15 Vict., c. 93
Protection of Employees (Part-Time Work) Act 2001	2001, No. 45
Redundancy Payments Acts 1967 to 2003
Unfair Dismissals Acts 1977 to 2001

Number 27 of 2005

HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005

REVISED

Updated to 16 May 2024

AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND FUNCTIONS OF AN CHOMHAIRLE UM GHAIRMITHE SLÁINTE AGUS CÚRAIM SHÓISIALAIGH OR IN THE ENGLISH LANGUAGE THE HEALTH AND SOCIAL CARE PROFESSIONALS COUNCIL AND OF REGISTRATION BOARDS FOR CERTAIN DESIGNATED HEALTH AND SOCIAL CARE PROFESSIONS; TO PROVIDE FOR THE REGISTRATION OF PERSONS QUALIFYING TO USE THE TITLE OF A DESIGNATED PROFESSION AND FOR THE DETERMINATION OF COMPLAINTS RELATING TO THEIR FITNESS TO PRACTISE; AND TO PROVIDE FOR RELATED MATTERS.

[30th November, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Editorial Notes:

Member of profession under Act included in definition of “health professional” (1.10.2007) by Data Protection Act 1988 (Section 16(1)) Regulations 2007 (S.I. No. 657 of 2007), in effect as per reg. 1(2).

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Health and Social Care Professionals Act 2005