Health and Social Care Professionals Act 2005
Approval of education and training programmes.
48.—(1) On application by an institution for approval of an education and training programme, a registration board may—
F87[(a) subject to the payment of the fee (if any) set under section 18(1)(eb), approve that programme annually if it is satisfied that it is suitable for the education and training of candidates for registration in its register, or]
(b) refuse to approve the programme if not so satisfied.
(2) For the purposes of subsection (1), a registration board may issue guidelines concerning the requirements for its approval of education and training programmes.
(3) On making a decision concerning an application by an institution under subsection (1), the registration board shall, by written notice, inform the institution of—
(a) the decision,
(b) the date on which it was made, and
(c) if the board refuses to approve the education and training programme, the reason for the decision.
(4) If a registration board (whether as a result of carrying out its duty under section 49 or for any other reason) is of the opinion that an education and training programme approved by it may no longer be suitable for the education and training of candidates for registration, the board shall—
(a) inform the institution concerned of the opinion and the reason, and
(b) give that institution an opportunity to make, within 30 days after the date of being so informed, representations to the board as to why the approval should not be withdrawn.
(5) If, after considering the representations, if any, made by such institution within the time allowed under subsection (4) and after consulting with the Council, the registration board decides to withdraw its approval of the education and training programme, it shall, by written notice, inform the institution of—
(a) the decision and the date on which it was made,
(b) the date, not less than 3 months after the date of the notice, on which the decision will become effective, and
(c) the reason for the decision.
(6) If a registration board refuses to approve an education and training programme or informs an institution of its decision to withdraw such approval, the institution concerned may request the Minister to direct the board to grant or continue the approval.
(7) The request to the Minister must be made within 30 days after the institution is informed under this section of the registration board's decision to refuse approval of the education and training programme or to withdraw such approval.
(8) If, after consulting the Minister for Education and Science, the Minister is satisfied as to the suitability of the education and training programme, he or she may direct the board to grant or continue the approval.
(9) If, after consulting the Minister for Education and Science, the Minister is not satisfied as to the suitability of the education and training programme, he or she may confirm the registration board's decision.
(10) A registration board shall comply with a direction given by the Minister under subsection (8).
Annotations
Amendments:
F87
Substituted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 24, S.I. No. 588 of 2014.
Modifications (not altering text):
C8
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
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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.
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Schedule
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Short Title of Act and Number |
Provision |
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(1) |
(2) |
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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) |
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