Health and Social Care Professionals Act 2005

Minister’s power to make regulations.

95

95.—(1) The Minister may—

(a) by regulation provide for any matter referred to in this Act as prescribed or to be prescribed, and

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally F157[] for the purposes of giving full effect to this Act.

(2) Regulations under this Act may contain any transitional and other supplementary and incidental provisions that appear to the Minister to be necessary or expedient for the purposes of the regulations.

F158[(3) After consulting the registration board of a designated profession and any organisations that he or she considers appropriate, the Minister may, by regulation

(a) prescribe one or more than one title that is a variant of the title specified in section 4(1), or for the time being prescribed under section 4(6), for the profession and that, in addition to the title specified in section 4(1), or for the time being prescribed under section 4(6), may be used by registrants of that profession, or

(b) if the register for the profession has been divided into divisions for different categories of registrants, prescribe one or more than one title that, in addition to the title specified in section 4(1), or for the time being prescribed under section 4(6) or paragraph (a), for that profession, may be used by registrants of that profession who fall within the category of registrants specified in the regulations as the category of registrants who may use that additional title.]

F159[(3A) After consulting the registration board of a designated profession and any organisations that he or she considers appropriate, the Minister may, by regulation—

(a) prescribe an additional qualification for the purposes of the third column of Schedule 3 that, in the opinion of the Minister, is sufficiently relevant to the corresponding profession listed in the second column of that Schedule and attests to a standard of proficiency corresponding to a qualification specified for that profession in the third column of that Schedule, and

(b) vary a reference to a qualification specified in the third column of Schedule 3, where, in the opinion of the Minister, the reference to the qualification concerned is no longer accurate, due to—

(i) a change in the title of the qualification concerned,

(ii) a change in the name of the institution that awarded the qualification concerned, or

(iii) a change in the period specified for the awarding of a specific qualification.]

(4) The Minister shall ensure that every regulation made under a provision of this Act (other than section 4 or F160[subsection (3) or (3A)] of this section) is laid before each House of the Oireachtas as soon as practicable after it is made.

(5) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation is laid before it under subsection (4), annul the regulation.

(6) The annulment of a regulation under subsection (5) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation before the passing of the resolution.

(7) A regulation may be made under F160[subsection (3) or (3A)] only if—

(a) a draft of the proposed regulation has been laid before the Houses of the Oireachtas, and

(b) a resolution approving the draft has been passed by each House.

Annotations

Amendments:

F157

Deleted (6.06.2023) by Regulated Professions (Health and Social Care)(Amendment) Act 2023) (14/2023), s. 4(a), commenced on enactment.

F158

Substituted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 37, S.I. No. 588 of 2014.

F159

Inserted (6.06.2023) by Regulated Professions (Health and Social Care)(Amendment) Act 2023) (14/2023), s. 4(b), commenced on enactment.

F160

Substituted (6.06.2023) by Regulated Professions (Health and Social Care)(Amendment) Act 2023) (14/2023), s. 4(c), (d), commenced on enactment.

Editorial Notes:

E163

Power pursuant to subs. (3)(a) exercised (31.01.2023) by Health and Social Care Professionals Act 2005 (Section 95(3)) (Variation of Title: Chiropodist) Regulations 2023 (S.I. No. 55 of 2023).

E164

Power pursuant to subs. (1)(a) exercised (30.01.2019) by Health And Social Care Professionals Act 2005 (Section 28A) (Counsellors And Psychotherapists Registration Board) Regulations 2019 (S.I. No. 21 of 2019).

E165

Power pursuant to subs. (3)(a) exercised (21.12.2018) by Health and Social Care Professionals Act 2005 (Section 95(3)) (Variation of Title: Physical Therapist) Regulations 2018 (S.I. No. 479 of 2018), in effect as per reg. 1(2).

E166

Power pursuant to subs. (3)(a) exercised (18.06.2018) by Health and Social Care Professionals Act 2005 (Section 95 (3)) (Variation of title: Dietician) Regulations 2018 (S.I. No. 196 of 2018), in effect as per reg. 1(2).

E167

Power pursuant to subs. (3)(a) exercised (18.06.2018) by Health and Social Care Professionals Act 2005 (Section 95(3)) (Variation of Title: Speech Therapist) Regulations 2018 (S.I. No. 192 of 2018), in effect as per reg. 1(2).

E168

Power pursuant to subs. (1)(a) exercised (31.10.2017) by Health and Social Care Professionals Act 2005 (Section 28A) (Optical Registration Board) Regulations 2017 (S.I. No. 436 of 2017), in effect as per reg. 1(2).

E169

Power pursuant to subs. (3)(a) exercised (1.03.2016) by Health and Social Care Professionals Act 2005 (Section 95(3)) (Variation of title: Optician) Regulations 2016 (S.I. No. 51 of 2016), in effect as per reg. 1(2).

E170

Power pursuant to subs. (1)(a) exercised (6.02.2015) by Health and Social Care Professionals Act 2005 (Section 28A) (Optical Registration Board) Regulations 2015 (S.I. No. 39 of 2015), in effect as per reg. 1(2).