Health and Social Care Professionals Act 2005

Disciplinary committees.


51.—(1) The Council shall establish the following committees to perform functions and exercise powers under this Part:

(a) a preliminary proceedings committee;

(b) a professional conduct committee;

(c) a health committee.

(2) Each committee is to consist of the chairperson and such other members of the committee as are appointed by the Council in accordance with this section.

F89[(3) None of the following persons is eligible to be appointed as the chairperson or an ordinary member of a committee established under this section:

(a) the chairperson of the Council;

(b) the chairperson of a registration board;

(c) the deputy chairperson of the Council.]

(4) A majority of the members of each committee shall be registrants of the designated professions. At least one third of the members of each committee shall be persons other than registrants, at least one of whom shall be representative of the interest of the general public.

(5) For each case that comes before a committee, the majority referred to in subsection (4) shall include—

(a) at least one member who is a registrant of the same designated profession as the registrant to whom the case relates, and

(b) at least one member who is a registrant of another designated profession.

(6) Persons who are not members of the Council or of a registration board may be appointed to a committee under this section.

(7) A person is not eligible to be, at any one time, a member of more than one of the committees established under this section.

(8) The Council shall appoint a registered medical practitioner with relevant expertise to advise a health committee in relation to each complaint referred to the committee.

(9) The registered medical practitioner is to be present at the meetings of the health committee, but is not entitled to vote.

(10) The members of a committee established under this section have, in performing their functions and exercising their powers, the same protection and immunity as a judge of the Court performing the functions and exercising the powers of a judge.

(11) The Council may regulate the procedure of a committee established under this section, but, subject to any such regulation, the committee may regulate its own procedure.

(12) In this section, “registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act 1978.




Substituted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 25, S.I. No. 588 of 2014.