Health and Social Care Professionals Act 2005

Direction by Council to impose disciplinary sanction.

66

F106[66.(1) Subject to section 53(1A), if a committee of inquiry finds that an allegation made by a complainant against a registrant is substantiated, the Council shall, after considering the committee’s report, direct the board to impose on the registrant, as specified in the direction, one or more than one of the following disciplinary sanctions:

(a) an admonishment or a censure;

(b) the attachment of conditions to his or her registration, including restrictions on the practice of the designated profession by the registrant;

(c) the suspension of his or her registration for a specified period;

(d) the cancellation of his or her registration;

(e) a prohibition from applying for a specified period for restoration to the register.

(2) However, the Council may not direct a registration board to cancel the registration of a registrant on the grounds of a conviction for an offence referred to in section 52(1)(g) unless—

(a) in the Council’s opinion, the nature of the offence or the circumstances in which it was committed ought to disqualify the registrant from practising the designated profession, or

(b) a conviction for such offence would render a person ineligible for registration as a registrant of the designated profession.

(3) On giving a direction to a registration board to impose on a registrant a disciplinary sanction referred to in subsection (1)(b), (c) or (e), the Council shall specify in the direction—

(a) in the case of a disciplinary sanction referred to in subsection (1)(b), the nature of the conditions to be attached to his or her registration,

(b) in the case of a disciplinary sanction referred to in subsection (1)(c), the period of suspension of his or her registration, and

(c) in the case of a disciplinary sanction referred to in subsection (1)(e), the period for which he or she is prohibited from applying for restoration to the register.]

Annotations

Amendments:

F106

Substituted (1.01.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 40, S.I. No. 647 of 2020.

Editorial Notes:

E157

Previous affecting provision: subss. (1), (2)(a) amended (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 30, S.I. No. 588 of 2014; section substituted as per F-note above.