40.—(1) The Council may decide to direct a registration board to remove from its register the name of a registrant who—

(a) has failed to pay within the time required by the rules the annual fee for retention of registration, and

(b) has been notified on more than one occasion by the Council to pay the fee.

(2) A registration board shall restore the name of a person to its register if—

(a) the name was removed from the register solely because of failure to pay the required fee,

(b) within 6 months after the date on which the required fee became due, the person applies to the board for restoration to the register, and

(c) the person pays to the Council both the annual fee for retention of registration and a fee for restoration to the register.

F59[(3) Subsection (4) applies where a registration board has—

(a) removed from its register the name of a registrant pursuant to a direction under subsection (1), or

(b) restored the name of a person to its register pursuant to subsection (2).

(4) The Council shall, as soon as practicable after the removal or restoration concerned—

(a) notify the Health Service Executive,

(b) notify the employer of the registrant or person, as the case may be, the subject of the removal or restoration if the employer’s name is known to the Council,

(c) notify such other persons as the Council thinks fit, and

(d) advise the public,

of the removal or restoration (in particular, the name of the registrant or person and the date on which the removal or restoration took effect).]