Medical Practitioners Act 2007


Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007

REVISED

Updated to 1 January 2021


This Revised Act is an administrative consolidation of the Medical Practitioners Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Harassment, Harmful Communications and Related Offences Act 2020 (32/2020), enacted 28 December 2020, and all statutory instruments up to and including the Medicinal Products (Control of Wholesale Distribution) (Amendment) Regulations 2021 (S.I. No. 1 of 2021), made 4 January 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007

REVISED

Updated to 1 January 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Health Acts 1947 to 2020: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020), s. 7(2)). The Acts in this group are:

Health Act 1947 (28/1947)

Health Act 1953 (26/1953) (citation only)

Health (Fluoridation of Water Supplies) Act 1960 (46/1960) (citation only)

Health Act 1970 (1/1970)

Misuse of Drugs Act 1977 (12/1977), s. 36 and s. 42 in so far as it amends the Health Acts 1947 to 1970 (citation only)

Health (Family Planning) Act 1979 (20/1979)

Health (Amendment) Act 1986 (10/1986)

Health (Amendment) Act 1987 (3/1987)

Health (Nursing Homes) Act 1990 (23/1990)

Health (Amendment) Act 1991 (15/1991), other than s. 8

Health (Amendment) Act 1994 (11/1994)

Health (Amendment) Act 1996 (15/1996)

Health (Amendment) (No. 2) Act 1996 (23/1996)

Health (Amendment) (No. 3) Act 1996 (32/1996), other than ss. 21 and 22

Health (Provision of Information) Act 1997 (9/1997)

Health (Eastern Regional Health Authority) Act 1999 (13/1999)

Health (Miscellaneous Provisions) Act 2001 (14/2001), except in so far as it relates to the Tobacco (Health Promotion and Protection) Act 1988 (citation only)

Health Act 2004 (42/2004)

Health (Amendment) Act 2005 (3/2005), in so far as it amends the Health Acts 1947 to 2004

Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 5

Health (Repayment Scheme) Act 2006 (17/2006)

Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006), except s. 6

Health (Nursing Homes) (Amendment) Act 2007 (1/2007)

Health Act 2007 (23/2007)

Medical Practitioners Act 2007 (25/2007), s. 57(9) (citation only)

Health Act 2008 (21/2008)

Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64

Health (Amendment) Act 2010 (15/2010) (citation only)

Health (Amendment) (No. 2) Act 2010 (20/2010)

Child Care (Amendment) Act 2011 (19/2011), ss. 35 and 36 (citation only)

Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 30 (citation only)

Health Service Executive (Governance) Act 2013 (23/2013)

Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013) (citation only)

Local Government Reform Act (1/2014), the amendment to the Health (Fluoridation of Water Supplies) Act 1960 provided for in section 5 (6) and sch. 2, part 6.

Health Service Executive (Financial Matters) Act 2014 (17/2014)

Health (General Practitioner Service) Act 2014 (28/2014)

Health (General Practitioner Service) Act 2015 (19/2015)

Health (General Practitioner Service) Act 2018 (13/2018)

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), Part 2

Health Service Executive (Governance) Act 2019 (17/2019), other than Part 3

Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020)

Acts previously included in the group but now repealed are:

Health Act 1954 (23/1954)

Health and Mental Treatment Act 1957 (16/1957), s. 1

Health and Mental Treatment (Amendment) Act 1958 (37/1958), s.1

Health (Homes For Incapacitated Persons) Act 1964 (8/1964)

Health and Mental Treatment (Amendment) Act 1966 (2/1966), s. 1

Health (Mental Services) Act 1981 (17/1981)

Health (Family Planning) (Amendment) Act 1985 (4/1985)

Health (Amendment) Act 2004 (19/2004)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020)

Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)

Medical Practitioners (Amendment) Act 2017 (10/2017)

Freedom of Information Act 2014 (30/2014)

Health (General Practitioner Service) Act 2014 (28/2014)

Health Identifiers Act 2014 (15/2014)

Local Government Reform Act 2014 (1/2014)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012)

Health (Pricing and Supply of Medical Goods Act 2013 (14/2013)

Medical Practitioners (Amendment) Act 2011 (12/2011)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Health (Miscellaneous Provisions) Act 2010 (18/2010)

Health (Miscellaneous Provisions) Act 2007 (42/2007)

Pharmacy Act 2007 (20/2007)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

All Acts up to and including Harassment, Harmful Communications and Related Offences Act 2020 (32/2020), enacted 28 December 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Medical Practitioners Act 2007 (Special measures registration having regard to Covid-19) (No. 2) Order 2020 (S.I. No. 690 of 2020)

Rules for the Fitness to Practise Committee and Subcommittees of the Fitness to Practise Committee 2020 (S.I. No. 355 of 2020)

Medical Practitioners Act 2007 (Special Measures Registration Having Regard to Covid 19) Order 2020 (S.I. No. 272 of 2020)

Medical Council (Evidence of Indemnity) Rules 2018 (S.I. No. 222 of 2018)

European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017)

Medical Council Rules in Respect of the Duties of Council in Relation to Medical Education and Training (Section 88 of the Medical Practitioners Act 2007) (S.I. No. 685 of 2016)

European Union (Recognition of Professional Qualifications relating to the Professions of Dentist, Medical Practitioner, Nurse and Midwife) Regulations 2014 (S.I. No. 7 of 2014)

Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amenment) Act 2011 (S.I. No. 208 of 2013)

Medical Council (Election of Registered Medical Practitioners) Regulations 2013 (S.I. No. 22 of 2013)

Medical Council Rules in Respect of the Duties of Council in Relation to Medical Education and Training (Section 88 of the Medical Practitioners Act 2007) (S.I. No. 588 of 2012)

Medical Council Annual Retention Rules (S.I. No. 171 of 2012)

Medical Council - Rules for the Maintenance of Professional Competence (No. 2) (S.I. No. 741 of 2011)

Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011 (S. I. No. 733 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Medical Council Registration Rules (S. I. No. 417 of 2011)

Medical Council - Rules for the Maintenance of Professional Competence (S. I. No. 171 of 2011)

Medical Council - Registration Rules V3 2010 (S. I. No. 688 of 2010)

Medical Council Rules in Respect of Training Bodies and Qualifications for the Purposes of the Specialist and Trainee Specialist Divisions (Section 89 of the Medical Practitioners Act 2007) (S. I. No. 529 of 2010)

Medical Council Rules in Respect of the Duties of Council in Relation to Medical Education and Training (Section 88 of the Medical Practitioners Act 2007) (S. I. No. 528 of 2010)

Medical Council Rules Specifying Pre-Registration Examinations and Exemptions VF3 (S. I. No. 480 of 2010)

Medical Practitioners Act 2007 (Commencement) Order 2010 (S. I. No. 150 of 2010)

Medical Council Rules Specifying Criteria to be Considered for Application for Restoration to the Register (S. I. No. 594 of 2009)

Medical Council Rules Regarding the Receiving and Recording of Evidence by the Fitness to Practise Committee (S. I. No. 593 of 2009)

Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S. I. No. 592 of 2009)

Medical Council - Registration Rules 2009 VF2 (S. I. No. 591 of 2009)

Medical Practitioners Act 2007 (Commencement) Order 2009 (S. I. No. 40 of 2009)

Medical Practitioners Act 2007 (Transfer Day) Order 2008 (S. I. No. 555 of 2008)

Medical Practitioners Act 2007 (Commencement) (No. 3) Order 2008 (S. I. No. 554 of 2008)

European Communities (Directive 2006/100/EC) (Recognition of Bulgarian and Romanian Medical Qualifications) Regulations 2008 (S.I. No. 393 of 2008)

Medical Practitioners Act 2007 (Commencement) (No. 2) Order 2008 (S. I. No. 231 of 2008)

Medical Practitioners Act 2007 (Commencement) Order 2008 (S. I. No. 24 of 2008)

Medical Council (Election of Registered Medical Practitioners) Regulations 2008 (S. I. No. 23 of 2008)

All statutory instruments up to and including Medicinal Products (Control of Wholesale Distribution) (Amendment) Regulations 2021 (S.I. No. 1 of 2021), made 4 January 2021, were considered in the preparation of this revision.


Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007

REVISED

Updated to 1 January 2021


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Repeals and revocations.

PART 2

Continuance in being of Council and object and functions of Council, etc.

4. Continuance in being of Council.

5. Seal of Council.

6. Object of Council.

7. Functions of Council.

8. Conferral of additional functions on Council.

9. Ministerial directions to Council.

10. Immunity.

11. Council’s power to make rules.

12. Council’s power to issue guidelines.

PART 3

Statement of Strategy, Business Plan and Annual Report of Council

13. Council to prepare and submit statement of strategy.

14. Publication and implementation of statement of strategy.

15. Council to prepare and forward business plan to Minister.

16. Council to submit annual report to Minister.

PART 4

Members, Committees and Staff of Council

17. Members of Council.

18. Elections.

19. First meeting of Council under this Act.

20. Committees of Council.

21. Expenses of members of Council and committees.

22. Payment of allowances.

23. Removal of members of Council from office.

24. Chief executive officer.

25. Staff of Council.

26. Age limits.

27. Superannuation.

28. Membership of either House of Oireachtas by member of staff of Council.

29. Membership of local authority or European Parliament by member of staff of Council.

30. Disclosure of interests by members of Council or committee.

31. Disclosure of interests by members of staff of Council.

PART 5

Accounts and Finances of Council

32. Accounts of Council.

33. Power of Council to borrow.

34. Acceptance of gifts by Council.

35. Expenses of Council and Minister.

36. Fees that Council may charge.

PART 5A

Registration of Interns

36A. Definitions.

36B. Register of interns.

36C. Application for recognition of qualification.

36D. Requirements to be met for recognition of qualification.

36E. Application for registration.

36F. Provisions supplementary to sections 36B and 36E.

36G. Conditions attached to registration.

36H. Appeal to Court against certain decisions of Council.

36I. Correction of register.

36J. Publication of register.

PART 5B

Registration of Adapters

36K. Interpretation - Part 5B.

36L. Register of adapters.

36M. Application for registration.

36N. Provisions supplementary to sections 36L and 36M.

36O. Conditions attached to registration.

36P. Appeal to Court against certain decisions of Council.

36Q. Correction of register.

36R. Publication of register.

PART 6

Registration of Medical Practitioners

37. Unregistered medical practitioners shall not practise medicine.

38. Circumstances in which unregistered medical practitioners may practise medicine.

38A. Duty of medical practitioner — indemnity.

38B. Circumstances in which persons may practise medicine.

39. Designated titles.

40. Use of designated titles.

41. Offences and penalties.

42. Recovery of fees, etc.

43. Register.

44. Transitional provisions applicable to register.

44A. Application for recognition of qualification.

44B. Requirements to be met for recognition of qualification as general qualification.

44C. Requirements to be met for recognition of qualification as specialist qualification.

45. Registration of medical practitioners — general.

46. Medical practitioners to be registered in General Division.

47. Medical practitioners to be registered in Specialist Division.

48. Medical practitioners to be registered in Trainee Specialist Division.

49. Internship registration in Trainee Specialist Division.

50. Visiting EEA practitioners providing services on temporary and occasional basis.

50A. Registration of medical practitioners in Supervised Division.

51. Registration of additional qualifications.

52. Application to have registration removed, etc.

53. Conditions attached to first registration.

54. Refusal of registration, etc., and appeal to Court against Council’s decision.

54A. Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc.

55. Correction of register.

55A. Council may request certain information concerning medical practitioners, etc., from certain bodies in State or other jurisdictions.

56. Publication of register.

PART 7

Complaints to Preliminary Proceedings Committee concerning registered medical practitioners

56A. Application of Parts 7, 8 and 9 to medical practitioners previously registered in Supervised Division.

57. Complaints concerning registered medical practitioners.

58. Persons to assist Preliminary Proceedings Committee.

58A. Investigation of complaints.

59. Consideration of complaints by Preliminary Proceedings Committee.

59A. Undertakings and consents.

60. If immediate suspension of registration is necessary to protect public.

61. No further action or referral of complaint to another body or authority or to professional competence scheme.

62. Resolution of complaints by mediation or other informal means.

63. Referral of complaint to Fitness to Practise Committee.

PART 8

Complaints referred to Fitness to Practise Committee

64. Duty to notify registered medical practitioner and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.

65. Conduct of hearing.

65A. Fitness to Practise Committee may order that certain information not be published.

66. Powers and protections relating to witnesses and evidence.

67. If registered medical practitioner consents to censure or remedial action, etc.

68. If complaint is withdrawn while it is being considered by Fitness to Practise Committee.

69. Report to Council by Fitness to Practise Committee.

70. Steps to be taken by Council after receiving report.

PART 9

Imposition of sanctions on registered medical practitioners following reports of Fitness to Practise Committee

70A. Sections 71 and 72 not to apply in certain cases.

70B. Measures to be taken by Council after receiving report referred to in section 59A(2)(c) .

71. Duty of Council to decide on appropriate sanction.

71A. Duty of Council to decide on appropriate sanction in certain cases (Supervised Division).

72. Provisions supplementary to section 71 .

72A. Provisions supplemental to section 71A.

73. Duty to notify registered medical practitioner of Council’s sanction.

74. Confirmation by Court required before certain decisions become effective.

75. Appeal to Court against Council’s decision under section 71 .

76. Application to Court for confirmation of Council’s decision.

77. Evidence relating to appeal under section 75(1) or application under section 76(1) to Court.

78. Duty to notify registered medical practitioner of compliance with decisions confirmed or given by Court.

79. Removal of registration for failure to pay fee.

80. Restoration, etc., of registration following payment of certain fees.

80A. Removal of registration for failure to provide certain evidence relating to indemnity.

80B. Restoration after removal under section 80A.

81. Restoration of registration which has been cancelled.

82. Removal of conditions attached to registration.

83. Appeal to Court against Council’s decision under section 81 or 82.

84. Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.

85. Information Council may publish in public interest.

PART 10

Education and Training

86. Duties of Health Service Executive in relation to medical and dental education and training.

87. Functions of Council in relation to Directives of European Union relating to medical education and training.

88. Duties of Council in relation to medical education and training.

89. Training bodies and qualifications for the purposes of the Specialist and Trainee Specialist Divisions.

90. Appeal to Court against Council’s decision under section 88 (2)(a)(i)(II) or (ii) or 89(3)(a)(ii) or (b).

PART 11

Maintenance of Professional Competence

91. Duty of Council in relation to maintenance of professional competence of registered medical practitioners.

92. Appeal to Court against Council’s decision under section 91(4)(a) or (b).

93. Duty of Health Service Executive and other employers in relation to the maintenance of professional competence of registered medical practitioners.

94. Duty of registered medical practitioners to maintain professional competence.

95. Confidentiality.

PART 12

Dissolution of Postgraduate Medical and Dental Board

96. Interpretation of Part 12 .

97. Transfer day and dissolution of Board.

98. Minister may require information from Board.

99. Transfer of staff.

100. Transfer of property and liabilities to Health Service Executive.

101. Preservation of certain contracts and adaptation of references.

102. Pending legal proceedings.

103. Preparation of accounts.

PART 13

Miscellaneous

104. Privilege.

105. Investigation.

105A. Admissibility of certain documents relating to proceedings in State or other jurisdictions.

105B. Prosecution of summary proceedings.

106. Council to be licensing authority, etc., under Anatomy Act 1832.

107. Power to specify forms.

108. Construction of references to registered medical practitioner and Medical Council, etc.

109. Persons entitled to sign medical certificates.

110. Special measures registration having regard to Covid-19.

111. Modification of operation of section 105(1)(a).

112. Notifications under Act.

SCHEDULE 1

Repeals and Revocations

PART 1

Acts Repealed

PART 2

Statutory Instruments Revoked

SCHEDULE 2

Council: Membership and Meetings


Acts Referred to

Anatomy Act 1832

2 & 3 Will. IV c. 75

Carer’s Leave Act 2001

2001, No. 19

Companies Act 1990

1990, No. 27

Dentists Act 1985

1985, No. 9

Ethics in Public Office Act 1995

1995, No. 22

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Acts 1997 and 2003

Health Acts 1947 to 2007

Health Act 2004

2004, No. 42

Health Act 2007

2007, No. 23

Health and Social Care Professionals Act 2005

2005, No. 27

Higher Education Authority Act 1971

1971, No. 22

Local Government (Superannuation) Act 1980

1980, No. 8

Local Government Act 2001

2001, No. 37

Medical Practitioners (Amendment) Act 1993

1993, No. 17

Medical Practitioners (Amendment) Act 2000

2000, No. 24

Medical Practitioners (Amendment) Act 2002

2002, No. 17

Medical Practitioners Act 1927

1927, No. 25

Medical Practitioners Act 1978

1978, No. 4

Medical Practitioners Acts 1978 to 2002

Minimum Notice and Terms of Employment Acts 1973 to 2005

Nurses Act 1985

1985, No. 18

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Pharmacy Acts 1875 to 1977

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 7

Redundancy Payments Acts 1967 to 2003

Standards in Public Office Act 2001

2001, No. 31

Unfair Dismissals Acts 1977 to 2005


Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007

REVISED

Updated to 1 January 2021


AN ACT FOR THE PURPOSE OF BETTER PROTECTING AND INFORMING THE PUBLIC IN ITS DEALINGS WITH MEDICAL PRACTITIONERS AND, FOR THAT PURPOSE, TO INTRODUCE MEASURES, IN ADDITION TO MEASURES PROVIDING FOR THE REGISTRATION AND CONTROL OF MEDICAL PRACTITIONERS, TO BETTER ENSURE THE EDUCATION, TRAINING AND COMPETENCE OF MEDICAL PRACTITIONERS, TO AMEND THE MEMBERSHIP AND FUNCTIONS OF THE MEDICAL COUNCIL, TO INVESTIGATE COMPLAINTS AGAINST MEDICAL PRACTITIONERS AND TO INCREASE THE PUBLIC ACCOUNTABILITY OF THE MEDICAL COUNCIL; TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 2005/36/EC; AND, FOR THAT PURPOSE, TO REPEAL AND REPLACE THE MEDICAL PRACTITIONERS ACTS 1978 TO 2002 AND TO PROVIDE FOR RELATED MATTERS.

[7 th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 25 of 2007

...

...

Medical Practitioners Act 2007

...

...

Sections 4(2)(b), 11 and 35(3)

...

C2

Functions transferred and terms “Minister for Finance” and “Department of Finance”construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7(2), 9(2), 15 and sch. 2 part 1, commenced as per s. 1(2).

Department of Public Expenditure and Reform.

7.—...

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister.

9.—...

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

...

Construction of references.

15.—(1) References to the Minister for Finance contained in any statute or instrument under a statute in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.

(2) References to the Minister for Finance contained in the memorandum or articles of association of any company in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 1

Functions performable with consent of Minister for Finance

STATUTES

Number and Year

Short Title

Provision

...

No. 25 of 2007

...

...

Medical Practitioners Act 2007

...

...

Section 33

...

Editorial Notes:

E1

Work or activity which is carried on by a person, a necessary and regular part of which requires the person to have access to, or contact with, children and vulnerable persons pursuant to Act included in schedule 1 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012) (29.04.2016) by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 2 and sch. 1, part 1 item 15(a) and part 2 item 12(a), S.I. No. 214 of 2016.

PART 1

Preliminary and General

1.

Short title and commencement.

1.— (1) This Act may be cited as the Medical Practitioners Act 2007.

(2) The collective citation “the Health Acts 1947 to 2007” shall include section 57(9) .

(3) The Minister for Health and Children may, by order or orders, appoint such day or days on which this Act shall come into operation, and different days may be so appointed for different purposes and different provisions.

F1 [ (4) An order under subsection (3) may, in respect of the repeal of the Acts specified in Part 1 of Schedule 1 and the revocation of the statutory instruments specified in Part 2 of that Schedule effected by section 3 , appoint different days for the repeal of different Acts or different provisions of them and the revocation of different statutory instruments or different provisions of them. ]

Annotations

Amendments:

F1

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 10, commenced on enactment.

Editorial Notes:

E2

Power pursuant to subs. (3) exercised (1.05.2010) by Medical Practitioners Act 2007 (Commencement) Order 2010 (S.I. No. 150 of 2010).

2. The 1st day of May 2010 is appointed as the day on which the Medical Practitioners Act 2007 (No. 25 of 2007) (except insofar as it is already in operation) comes into operation.

E3

Power pursuant to subs. (3) exercised (16.03.2009) by Medical Practitioners Act 2007 (Commencement) Order 2009 (S.I. No. 40 of 2009).

2. The 16th day of March 2009 is appointed as the day on which the following provisions of the Medical Practitioners Act 2007 (No. 25 of 2007) (as amended by the Health (Miscellaneous Provisions) Act 2007 (No. 42 of 2007)) shall come into operation:

(a) section 3 of, and Schedule 1 to, the Medical Practitioners Act 2007 (No. 25 of 2007) insofar as they are not already in operation;

(b) paragraphs (a) to (d), (g) and (h) of section 7(2);

(c) section 36;

(d) Part 6;

(e) Part 9 insofar as it is not already in operation;

(f) Part 10 insofar as it is not already in operation; and

(g) Part 13 insofar as it is not already in operation other than subsections (2), (3), (4) (insofar as it applies to subsection (3)(a)) and (5) of section 104.

E4

Power pursuant to subs. (3) exercised (31.12.2008) by Medical Practitioners Act 2007 (Commencement) (No. 3) Order 2008 (S.I. No. 554 of 2008).

2. The 31st day of December 2008 is appointed as the day on which the following provisions of the Medical Practitioners Act 2007 (No. 25 of 2007) (as amended by the Health (Miscellaneous Provisions) Act 2007 (No. 42 of 2007)) shall come into operation:

(a) section 3(1) and Part 1 of Schedule 1 insofar as they relate to the repeal of the provisions specified in the Schedule to this Order;

(b) section 86, other than paragraphs (c) and (d) of subsection (3);

(c) section 88(9); and

(d) Part 12.

SCHEDULE

Chapter 2 of Part IV of, and the Third Schedule to, the Medical Practitioners Act 1978 (No. 4 of 1978).

E5

Power pursuant to subs. (3) exercised (3.07.2008) by Medical Practitioners Act 2007 (Commencement) (No. 2) Order 2008 (S.I. No. 231 of 2008).

2. The 3rd day of July 2008 is appointed as the day on which the following provisions of the Medical Practitioners Act 2007 (No. 25 of 2007) (as amended by the Health (Miscellaneous Provisions) Act 2007 (No. 42 of 2007)) shall come into operation:

(a) section 3(1) and Part 1 of Schedule 1 insofar as they relate to the repeal of the provisions of the Medical Practitioners Act 1978 (No. 4 of 1978) specified in Part 1 of the Schedule to this Order but not any of those provisions insofar as they are applied by section 44 of that Act to the Postgraduate Medical and Dental Board;

(b) section 3(2) and Part 2 of Schedule 1 insofar as they relate to the revocation of the Regulations specified in Part 2 of the Schedule to this Order;

(c) Part 2 other than paragraphs (a) to (h) of section 7(2);

(d) Part 3;

(e) Part 4 insofar as it is not already in operation;

(f) Part 5 other than sections 35(3)(a) and 36;

(g) Part 7 other than subsection (1)(b) insofar as it relates to a professional competence scheme, and subsection (2)(c), of section 61;

(h) Part 8 other than section 67(1)(b);

(i) Part 9 other than sections 71(d), 72(1)(c) and 84(1)(f) and subsections (2) and (4) of section 78;

(j) subsections (1) and (4) (insofar as it applies to the said subsection (1)) of section 104 and sections 107 (other than subsection (4)) and 108 (other than subsection (2)); and

(k) Schedule 2.

SCHEDULE

PART 1

PROVISIONS OF ACT REPEALED

Parts II (other than section 25) and V and section 69 of, and the Second Schedule to, the Medical Practitioners Act 1978 (No. 4 of 1978).

PART 2

STATUTORY INSTRUMENT REVOKED

Medical Council (Election of Members) Regulations 1978 ( S.I. No. 197 of 1978 ).

E6

Power pursuant to subs. (3) exercised (13.02.2008) by Medical Practitioners Act 2007 (Commencement) Order 2008 (S.I. No. 24 of 2008).

2. The 13 day of February 2008 is appointed as the day on which the following provisions of the Medical Practitioners Act 2007 (No. 25 of 2007), as amended by the Health (Miscellaneous Provisions) Act 2007 (No. 42 of 2007), shall come into operation:

(a) section 1;

(b) section 2;

(c) section 17;

(d) section 18;

(e) subsections 2(a) and (6) of section 88.

2.

Interpretation.

2.— In this Act, except where the context otherwise requires—

“Act of 1978” means the Medical Practitioners Act 1978;

“Act of 2002” means the Medical Practitioners (Amendment) Act 2002;

F2 [ Agency means the National Treasury Management Agency; ]

“allegation”, in relation to a complaint, means an allegation—

( a) arising out of the complaint, and

( b) which falls within one or more than one of the grounds specified in section 57(1) ;

“appropriate fee”, in relation to a provision of this Act, means the fee determined under section 36(1) that is appropriate for that provision;

“basic medical qualification” means—

( a) a qualification arising from the satisfactory completion of a programme of basic medical education and training approved under section 88(2)(a)(i)(I) ,

( b) a qualification in basic medical training specified in point 5.1.1 of Annex V to Directive 2005/36/EC, or

( c) a degree, diploma or other qualification recognised under section 88(7) to be at least the equivalent of a qualification referred to in paragraph (a);

“business plan” means a business plan prepared pursuant to section 15 (1) ;

“cancel”, in relation to the registration of a medical practitioner, means to delete the practitioner’s name from the register pursuant to a decision referred to in section 78(3) to cancel the registration of the practitioner;

“certificate of experience” means a certificate of experience granted to a medical practitioner pursuant to section 49(2) ;

“certificate of registration” means a certificate referred to in section 43 (5) ;

“chief executive officer” means the chief executive officer of the Council appointed under section 24(1) ;

“committee” means a committee established under section 20(1), (2), (3) or (4);

“complainant”, in relation to a complaint, means the person (including the Council) who made the complaint;

“complaint” means a complaint under section 57(1) ;

“conditions” includes terms;

“Council” means Comhairle na nDochtúirí Leighis or the Medical Council established by the Act of 1978 and continued in being by section 4 (1) ;

“Court” means the High Court;

“decision”, in relation to an appeal under section 54, 75, 83, 90 or 92 , includes part of a decision;

“Dental Council” means An Chomhairle Fiaclóireachta or the Dental Council established by the Dentists Act 1985;

F3 [ Directive 2005/36/EC has the meaning assigned to Directive in Regulation 3(1) of the Regulations of 2017; ]

“Fitness to Practise Committee” means the committee established under section 20(2)(b) ;

“formal qualification” means—

( a) a basic medical qualification, and

( b) a certificate of experience;

“General Division” means that division of the register referred to in section 43(2)(a) ;

“General Register of Medical Practitioners” means the register established under section 26 of the Act of 1978;

“give” includes send, whether by post or electronic or other means, and cognate words shall be construed accordingly;

“Health Service Executive” means the Health Service Executive established under section 6 of the Health Act 2004;

“Higher Education Authority” means An tÚdarás um Ard-Oideachas established by section 2 of the Higher Education Authority Act 1971 ;

F2 [ indemnity means a policy of medical indemnity insurance, or other indemnity arrangement, against losses arising from claims in respect of civil liability incurred by a medical practitioner in respect of any act or omission of that medical practitioner arising from his or her practice as a medical practitioner; ]

“inquiry” means an inquiry into a complaint by the Fitness to Practise Committee pursuant to a referral under section 63 ;

“local authority” has the same meaning as it has in the Local Government Act 2001 ;

“material interest” means material interest as construed in accordance with the Ethics in Public Office Act 1995 ;

“medical practitioner” means a person who holds a basic medical qualification;

“Member State” means a state other than the State which is a member of the European Union and includes states which are parties to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the protocol done at Brussels on 17 March 1993 and the Swiss Confederation;

F2 [ minimum level of indemnity , in relation to a medical practitioner, means the level of indemnity specified by the Agency, pursuant to section 8A (inserted by section 10 of the Medical Practitioners (Amendment) Act 2017) of the National Treasury Management Agency (Amendment) Act 2000 , as being applicable to the class of medical practitioners (if any) into which that practitioner falls; ]

“Minister” means the Minister for Health and Children;

“poor professional performance”, in relation to a medical practitioner, means a failure by the practitioner to meet the standards of competence (whether in knowledge and skill or the application of knowledge and skill or both) that can reasonably be expected of medical practitioners practising medicine of the kind practised by the practitioner;

“practice of medicine” includes practice of surgery and other disciplines of medicine;

“practise medicine” means to engage in the practice of medicine;

“Preliminary Proceedings Committee” means the committee established under section 20(2)(a) ;

“professional competence scheme” means a scheme established under section 91 (2) ;

“published in the prescribed manner”, in relation to any document or information (howsoever described), means the document or information, as the case may be—

( a) is published on a relevant Internet website, and

( b) is available for inspection, at the offices of the Council and at all reasonable times, by members of the public;

“register” means the register of medical practitioners established under section 43(1) ;

F4 [ registered , in relation to a medical practitioner, means registered under section 44 , 46 , 47 , 48 , 49 , 50 or 50A ; ]

“registered dentist” means a person whose name is entered in the Register of Dentists established under the Dentists Act 1985;

F4 [ registered medical practitioner , subject to section 56A , means a medical practitioner whose name is for the time being entered in the register; ]

“register establishment day” means the date specified in the notice referred to in section 44(3) published in Iris Oifigiúil as the date on which the register comes into operation;

“Register of Medical Specialists” means the register established under section 30 of the Act of 1978;

F5 [ Regulations of 2017 means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ); ]

“relevant conditions”, in relation to a registered medical practitioner, means any conditions attached to the registration of the practitioner pursuant to—

( a) section 53 (3) ,

( b) a decision confirmed or given under section 54(4) ,

( c) a decision referred to in section 78(1) ,

( d) section 81 (3) , or

( e) a decision confirmed or given under section 83(3) ;

“relevant Internet website” means an Internet website of the Council (including part of such a website)—

( a) to which access is readily available by members of the public, and

( b) where anything published on the website is readily available for inspection by members of the public;

“relevant medical disability”, in relation to a medical practitioner, means a physical or mental disability of the practitioner (including addiction to alcohol or drugs) which may impair the practitioner’s ability to practise medicine or a particular aspect thereof;

“remove”, in relation to the registration of a medical practitioner, means to delete the practitioner’s name from the register pursuant to section 52 (2) or (6), 55(1) or 79(1) ;

“restore”, in relation to the registration of a medical practitioner, means to re-enter the practitioner’s name in the register pursuant to section 52 (5) , 80 or 81(2) or a decision confirmed or given under section 54(4) or 83(3) ;

“committee” means a committee established under section 20(2)(a) or (b);

“Specialist Division” means that division of the register referred to in section 43(2)(b) ;

“statement of strategy” means a statement of strategy prepared pursuant to section 13(1) ;

F6 [ Supervised Division means that division of the register referred to in section 43(2)(e) ; ]

“third country” means a state other than the State or a Member State;

“Trainee Specialist Division” means that division of the register referred to in section 43(2)(c) ;

“unregistered medical practitioner” means a medical practitioner who is not registered;

“visiting EEA practitioner” means a medical practitioner who falls within section 50(1) ;

“Visiting EEA Practitioners Division” means that division of the register referred to in section 43(2)(d) .

Annotations

Amendments:

F2

Inserted (6.11.2017) by Medical Practitioners (Amendment) Act 2017 (10/2017), s. 2, S.I. No. 481 of 2017.

F3

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(a)(i), in effect as per reg. 2.

F4

Substituted (8.07.2011) by Medical Practitioners (Amendment) Act (12/2011), s. 2, commenced on enactment.

F5

Inserted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(a)(ii), in effect as per reg. 2.

F6

Inserted (8.07.2011) by Medical Practitioners (Amendment) Act (12/2011), s. 2, commenced on enactment.

F7

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 78(a), not commenced as of date of revision.

F8

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 78(b)(i), (iv), (xii), not commenced as of date of revision.

F9

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 78(b)(xiii), not commenced as of date of revision.

F10

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 78(b)(ii), (iii), (v)-(xi), not commenced as of date of revision.

F11

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 78(c), not commenced as of date of revision.

Modifications (not altering text):

C3

Prospective affecting provision: section renumbered subs. (1), subs. (1) amended and subs. (2) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 78, not commenced as of date of revision.

2.— F7 [ (1) ]In this Act, except where the context otherwise requires—

“Act of 1978” means the Medical Practitioners Act 1978 ;

“Act of 2002” means the Medical Practitioners (Amendment) Act 2002 ;

F8 [ adapter means a relevant person whose name is entered in the register of adapters; ]

F2 [ Agency means the National Treasury Management Agency; ]

“allegation”, in relation to a complaint, means an allegation—

( a) arising out of the complaint, and

( b) which falls within one or more than one of the grounds specified in section 57(1) ;

“appropriate fee”, in relation to a provision of this Act, means the fee F8 [ (if any) ] determined under section 36(1) that is appropriate for that provision;

F8 [ approved medical degree means a degree awarded in consequence of the completion of a programme of medical education and training approved under section 88(2)(a)(i)(I); ]

F8 [ authorised officer means a member of the staff of the Council appointed under section 58(1) to be an authorised officer to perform the functions specified under section 58(2) ; ]

F9 [ ]

“business plan” means a business plan prepared pursuant to section 15(1) ;

“cancel”, in relation to the registration of a medical practitioner, means to delete the practitioner’s name from the register pursuant to a decision referred to in section 78(3) to cancel the registration of the practitioner;

F8 [ certificate of adaptation means a certificate of adaptation granted to an adapter pursuant to section 36N(2) ; ]

“certificate of experience” means a certificate of experience granted to F10 [ an intern pursuant to section 36F(2) ] ;

F10 [ certificate of registration

( a ) in relation to an intern, means a certificate referred to in section 36B(5) ,

( b ) in relation to an adapter, means a certificate referred to in section 36L(5) , and

( c ) in relation to a medical practitioner, means a certificate referred to in section 43(5) ; ];

“chief executive officer” means the chief executive officer of the Council appointed under section 24(1) ;

“committee” means a committee established under section 20(1), (2), (3) or (4);

“complainant”, in relation to a complaint, means the person (including the Council) who made the complaint;

“complaint” means a complaint under section 57 (1) ;

“conditions” includes terms F8 [ and restrictions ];

“Council” means Comhairle na nDochtúirí Leighis or the Medical Council established by the Act of 1978 and continued in being by section 4(1) ;

“Court” means the High Court;

“decision”, in relation to an appeal under F10 [ section 36H , 36P , 54 , 75 , 83 , 90 or 92 ] , includes part of a decision;

“Dental Council” means An Chomhairle Fiaclóireachta or the Dental Council established by the Dentists Act 1985;

F3 [ Directive 2005/36/EC has the meaning assigned to Directive in Regulation 3(1) of the Regulations of 2017; ]

“Fitness to Practise Committee” means the committee established under section 20(2)(b) ;

F9 [ ]

“General Division” means that division of the register referred to in section 43(2)(a) ;

F8 [ general qualification shall be construed in accordance with section 44B ; ]

“General Register of Medical Practitioners” means the register established under section 26 of the Act of 1978;

“give” includes send, whether by post or electronic or other means, and cognate words shall be construed accordingly;

F8 [ health or social care , in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity as a member or former member of a relevant profession; ]

“Health Service Executive” means the Health Service Executive established under section 6 of the Health Act 2004 ;

“Higher Education Authority” means An tÚdarás um Ard-Oideachas established by section 2 of the Higher Education Authority Act 1971 ;

F2 [ indemnity means a policy of medical indemnity insurance, or other indemnity arrangement, against losses arising from claims in respect of civil liability incurred by a medical practitioner in respect of any act or omission of that medical practitioner arising from his or her practice as a medical practitioner; ]

“inquiry” means an inquiry into a complaint by the Fitness to Practise Committee pursuant to a referral under section 63 ;

F8 [ intern means a person whose name is entered in the register of interns; ]

F8 [ intern qualification shall be construed in accordance with section 36D ; ]

F8 [ investigation , in relation to a complaint, means an investigation referred to in section 58A(1) ; ]

F8 [ investigation report , in relation to a complaint, means a report referred to in section 58A(3) prepared following the investigation of the complaint; ]

F8 [ Irish formal qualification means—

( a ) an approved medical degree completed mainly in the State, and

( b ) a certificate of experience; ]

“local authority” has the same meaning as it has in the Local Government Act 2001 ;

“material interest” means material interest as construed in accordance with the Ethics in Public Office Act 1995;

F8 [ material matter , in relation to a person (howsoever described), means—

( a ) any of the following taken by any regulatory body (whether in or outside the State), other than the Council, in relation to the provision of one or more than one kind of health or social care by the person:

(i) the imposition of conditions on any registration or licence;

(ii) the suspension, withdrawal or removal of any registration or licence;

(iii) the refusal to grant registration or a licence,

or

( b ) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment; ]

F10 [ medical practitioner means a person who holds a qualification recognised under section 44A(2) or who falls within section 50A(2) ; ]

F10 [ Member State means a state, other than the State, which is a member of the European Union, and includes—

( a ) a State which is a party to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by all subsequent amendments to that agreement, and

( b ) Switzerland; ]

F2 [ minimum level of indemnity , in relation to a medical practitioner, means the level of indemnity specified by the Agency, pursuant to section 8A (inserted by section 10 of the Medical Practitioners (Amendment) Act 2017) of the National Treasury Management Agency (Amendment) Act 2000 , as being applicable to the class of medical practitioners (if any) into which that practitioner falls; ]

“Minister” means the Minister for Health and Children;

“poor professional performance”, in relation to a medical practitioner, means a failure by the practitioner to meet the standards of competence (whether in knowledge and skill or the application of knowledge and skill or both) that can reasonably be expected of medical practitioners practising medicine of the kind practised by the practitioner;

“practice of medicine” includes practice of surgery and other disciplines of medicine;

“practise medicine” means to engage in the practice of medicine;

“Preliminary Proceedings Committee” means the committee established under section 20(2)(a) ;

“professional competence scheme” means a scheme established under section 91(2) ;

“published in the prescribed manner”, in relation to any document or information (howsoever described), means the document or information, as the case may be—

( a) is published on a relevant Internet website, and

( b) is available for inspection, at the offices of the Council and at all reasonable times, by members of the public;

“register” means the register of medical practitioners established under section 43(1) ;

F10 [ registered , except in Parts 5A and 5B , means registered under section 44 , 46 , 47 , 48 , 50 or 50A ; ]

F8 [ registered address

( a ) in relation to a registered medical practitioner, means the address specified in the register of medical practitioners as the practitioner’s address,

( b ) in relation to an intern, means the address specified in the register of interns as the intern’s address, and

( c ) in relation to an adapter, means the address specified in the register of adapters as the adapter’s address; ]

“registered dentist” means a person whose name is entered in the Register of Dentists established under the Dentists Act 1985;

F10 [ registered medical practitioner , subject to sections 56A and 56B , means a medical practitioner whose name is entered in the register; ]

“register establishment day” means the date specified in the notice referred to in section 44(3) published in Iris Oifigiúil as the date on which the register comes into operation;

F8 [ register of adapters means the register of adapters established under section 36L(1) ; ]

F8 [ register of interns means the register of interns established under section 36B(1) ; ]

F8 [ register of medical practitioners means the register; ]

“Register of Medical Specialists” means the register established under section 30 of the Act of 1978;

F5 [ Regulations of 2017 means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ); ]

F10 [ relevant conditions

( a ) in relation to an intern, means any conditions attached to the registration of the intern pursuant to—

(i) section 36G(3) , (7) or (8) ,

(ii) a decision confirmed or given under section 36H(4) ,

(iii) a decision referred to in section 78(1) as that section is construed in accordance with section 56B ,

(iv) section 81(3) as that section is construed in accordance with section 56B , or

(v) a decision confirmed or given under section 83(3) as that section is construed in accordance with section 56B ,

( b ) in relation to an adapter, means any conditions attached to the registration of the adapter pursuant to—

(i) section 36O(3) , (7) or (8) ,

(ii) a decision confirmed or given under section 36P(4) ,

(iii) a decision referred to in section 78(1) as that section is construed in accordance with section 56B ,

(iv) section 81(3) as that section is construed in accordance with section 56B , or

(v) a decision confirmed or given under section 83(3) as that section is construed in accordance with section 56B ,

or

( c ) in relation to a registered medical practitioner, means any conditions attached to the registration of the practitioner pursuant to—

(i) section 53(3) or (7) ,

(ii) a decision confirmed or given under section 54(4) ,

(iii) a decision referred to in section 78(1) ,

(iv) section 81(3) , or

(v) a decision confirmed or given under section 83(3) ; ]

“relevant Internet website” means an Internet website of the Council (including part of such a website)—

( a) to which access is readily available by members of the public, and

( b) where anything published on the website is readily available for inspection by members of the public;

F10 [ relevant medical disability , in relation to a person, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair the person’s ability to practise medicine or a particular aspect thereof; ]

F8 [ relevant person has the meaning assigned to it by section 36K ; ]

F8 [ relevant profession means any of the following professions:

( a ) dentist;

( b ) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 ;

( c ) medical practitioner;

( d ) midwife;

( e ) nurse;

( f ) pharmacist; ]

“remove”, in relation to the registration of a medical practitioner, means to delete the practitioner’s name from the register pursuant to section 52(2) or (6), 55(1) or 79(1) ;

“restore”, in relation to the registration of a medical practitioner, means to re-enter the practitioner’s name in the register pursuant to section 52(5) , 80 or 81(2) or a decision confirmed or given under section 54(4) or 83(3) ;

F8 [ restriction includes a condition; ]

“committee” means a committee established under section 20(2)(a) or (b);

“Specialist Division” means that division of the register referred to in section 43(2)(b) ;

F8 [ specialist qualification shall be construed in accordance with section 44C ; ]

“statement of strategy” means a statement of strategy prepared pursuant to section 13(1) ;

F6 [ Supervised Division means that division of the register referred to in section 43(2)(e) ; ]

“third country” means a state other than the State or a Member State;

“Trainee Specialist Division” means that division of the register referred to in section 43(2)(c) ;

“unregistered medical practitioner” means a medical practitioner who is not registered;

“visiting EEA practitioner” means a medical practitioner who falls within section 50(1) ;

“Visiting EEA Practitioners Division” means that division of the register referred to in section 43(2)(d) .

F11 [ (2) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Council of its functions under the Regulations of 2017 as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned. ]

Editorial Notes:

E7

Previous affecting provision: definition of ‘Directive 2005/36/EC’ substituted (13.01.2014) by European Union (Recognition of Professional Qualifications relating to the Professions of Dentist, Medical Practitioner, Nurse and Midwife) Regulations 2014 (S.I. No. 7 of 2014), reg. 3; substituted as per F-note above.

E8

Previous affecting provision: definition of “Directive 2005/36/EC” substituted (26.09.2008) by European Communities (Directive 2006/100/EC) (Recognition of Bulgarian and Romanian Medical Qualifications) Regulations 2008 (S.I. No. 393 of 2008), reg. 3, commenced as per reg. 1(2); subsequently further substituted as per F-note above.

E9

Previous affecting provision: definiton of “registered” substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s.11(a), commenced on enactment; subsequently further substituted as per F note above.

E10

Previous affecting provision: definiton of “registered medical practitioner” substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s.11(b); subsequently further substituted as per F note above.

3.

Repeals and revocations.

3.— (1) The Acts specified in Part 1 of Schedule 1 are repealed.

(2) The statutory instruments specified in Part 2 of Schedule 1 are revoked.

PART 2

Continuance in being of Council and object and functions of Council, etc.

4.

Continuance in being of Council.

4.— F12 [ (1) Notwithstanding the repeal of section 6 of the Act of 1978 by section 3 , the body known as Comhairle na nDocht ú ir í Leighis, or in the English language as the Medical Council, established by that section of that Act shall continue in being. ]

F13 [ (1A) Subject to subsections (5) to (7) , anything commenced but not completed by the Council, or the committee established under section 13(2)( b ) of the Act of 1978, before the commencement of this subsection may be carried on and completed by the Council (with its membership as constituted under this Act) or that committee (with its membership as constituted under section 13 of the Act of 1978), as the case requires, after such commencement in accordance with the Acts specified in Part 1 of Schedule 1 and the statutory instruments specified in Part 2 of that Schedule notwithstanding the repeal and revocation of those Acts and those statutory instruments or any provisions of them by section 3 . ]

(2) The Council is a body corporate with perpetual succession and an official seal and with power—

( a) to sue and be sued in its corporate name, and

( b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Council may, subject to the provisions of this Act, regulate its own procedure.

(4) Schedule 2 applies to the Council.

F14 [ (5) A person who is a member of the committee referred to in subsection (1A) but who ceases to be a member of the Council under section 17(9)(b) shall, notwithstanding that cesser of membership of the Council, be deemed for the purposes of subsection (1A) to satisfy the requirements of section 13 of the Act of 1978 relating to the membership of that committee. ]

F15 [ (5A) The committee referred to in subsection (1A) shall be deemed, for the purposes of that subsection, to satisfy the requirements of paragraphs ( a ) and ( b ) of section 13(6) of the Act of 1978 relating to its membership even if it ceases to satisfy those requirements by reason of the cesser of membership of one or more of its members. ]

(6) F16 [ Where pursuant to subsection (1A) ] the Council may take any relevant action in respect of the registration of a medical practitioner, then the Council may take the equivalent action under this Act and—

( a) in the case of equivalent action falling within paragraph (a) of the definition of “equivalent action”, section 81 shall apply to the equivalent action accordingly,

( b) in the case of equivalent action falling within paragraph (c) of the definition of “equivalent action”—

(i) paragraph (c) of the definition of “relevant conditions” in section 2 shall be construed to include the equivalent action accordingly, and

(ii) sections 43 (6) and 82 shall apply to the equivalent action accordingly.

(7) In subsection (6)

“equivalent action”, in relation to the registration of a medical practitioner, means—

( a) in the case of paragraph (a) of the definition of “relevant action”, the cancellation of the registration pursuant to a decision referred to in section 78 (3) ,

( b) in the case of paragraph (b) of the definition of “relevant action”, the suspension of the registration pursuant to a decision referred to in section 78(3) ,

( c) in the case of paragraph (c) of the definition of “relevant action”, the attachment of conditions to the registration pursuant to a decision referred to in section 78(1) ;

“relevant action”, in relation to the registration of a medical practitioner, means any action under Part V of the Act of 1978 pursuant to which the Council may—

( a) erase the practitioner’s name from the General Register of Medical Practitioners or the Register of Medical Specialists,

( b) give effect to a decision of the Council that during a period of specified duration the registration of the practitioner’s name in a register referred to in paragraph (a) shall not have effect, or

( c) attach conditions to the retention of the practitioner’s name in a register referred to in paragraph (a).

Annotations

Amendments:

F12

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(a), commenced on enactment.

F13

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(a), commenced on enactment.

F14

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(b), commenced on enactment.

F15

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(b), commenced on enactment.

F16

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 12(c), commenced on enactment.

5.

Seal of Council.

5.— (1) The seal of the Council shall be authenticated by—

( a) the signature of the President of the Council or another member of the Council authorised by the Council to act in that behalf, and

( b) the signature of a member of the staff of the Council authorised by the Council to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Council and, accordingly, every document—

( a) purporting to be an instrument made by the Council, and

( b) purporting to be sealed with the seal of the Council authenticated in accordance with subsection (1) ,

shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is proved.

6.

Object of Council.

6.— The object of the Council is to protect the public by promoting and better ensuring high standards of professional conduct and professional education, training and competence among registered medical practitioners.

7.

Functions of Council.

7.— (1) The Council shall—

( a) do all things necessary and reasonable to further its object, and

( b) perform its functions in the public interest.

(2) Without prejudice to the generality of subsection (1), the Council shall—

( a) establish and maintain the register,

( b) establish procedures and criteria for registration including the issue of certificates of registration and renewal of registration,

F17 [ ( ba ) approve posts for the purposes of section 50A , ]

( c) approve programmes of education and further education necessary for the purposes of registration and continued registration,

( d) keep the programmes referred to in paragraph (c) under review,

( e) specify the standards required for the purposes of the maintenance of the professional competence of registered medical practitioners,

( f) keep the standards referred to in paragraph (e) under review,

( g) act as the competent authority for the purposes of—

(i) the mutual recognition of medical qualifications F18 [ under the Regulations of 2017 ],

(ii) all matters referred to in Directive 2005/36/EC which relate to the role of a competent authority for the purposes of the recognition of professional qualifications of medical practitioners,

( h) enter into agreements, with bodies in third countries that are duly authorised to perform functions in third countries that correspond to the functions of the Council, in relation to—

(i) the recognition by the Council, for the purposes of registration, of degrees, diplomas and other qualifications relating to the practice of medicine awarded in third countries,

(ii) the recognition by such bodies, for the purposes of authorisation to practise medicine in third countries, of degrees, diplomas and other qualifications relating to the practice of medicine awarded in the State,

( i) specify standards of practice for registered medical practitioners, including the establishment, publication, maintenance and review of appropriate guidance on all matters related to professional conduct and ethics for registered medical practitioners,

( j) establish committees to inquire into complaints,

( k) make decisions and give directions under Part 9 relating to the imposition of sanctions on registered medical practitioners,

( l) advise the public on all matters of general interest relating to the functions of the Council, its area of expertise and other matters of interest to the public relating to the practice of medicine and medical practitioners, including public advertisement of the object, functions and contact details of the Council from time to time, and

( m) perform any other function conferred on it by any other provision of this Act or of any other enactment.

(3) Without prejudice to the generality of subsection (2)(i), the Council’s function under that subsection shall include standards of practice relating to advertising by registered medical practitioners, or classes of registered medical practitioners, and, in connection therewith, the disclosure of appropriate information relating to the fees to be charged for the medical services the subject of such advertising.

(4) The Council shall, in performing its functions, have regard to—

( a) functions performed by other bodies that are similar or ancillary to the functions that the Council performs,

( b) the need to co-operate with and co-ordinate its activities with those of other public authorities or bodies (in particular, the Health Service Executive) if the performance of their functions affects or could affect the health of the public,

( c) the need to promote efficiencies in the delivery of specialist training and intern training through the development of standard practices,

( d) the policies and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the Council,

( e) the resources, wherever originating, that are available to it for the purpose of performing its functions, and

( f) the need to secure the most beneficial, effective and efficient use of those resources.

(5) The Council has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions.

(6) The Minister, or a person authorised by the Minister to give a notice under this subsection, may by notice in writing given to the Council require the Council to provide the Minister or that person, as the case may be, with such information in relation to the performance of the Council’s functions as is specified in the notice and within the period specified in the notice (being a period reasonable in the circumstances).

(7) The Council shall comply with a notice given to it under subsection (6) except to the extent that it is prohibited from doing so by another provision of this Act.

(8) Nothing in this section shall be construed as restricting the power of any Minister of the Government to make regulations under section 3 of the European Communities Act 1972.

Annotations

Amendments:

F17

Inserted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 3, S.I. No. 388 of 2011.

F18

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(b), in effect as per reg. 2.

F19

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 79, not commenced as of date of revision.

Modifications (not altering text):

C4

Prospective affecting provision: subss. (2)(a), (c), (5) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 79, not commenced as of date of revision.

7.—...

(2) Without prejudice to the generality of subsection (1), the Council shall—

( a) establish and maintain the register F19 [ of medical practitioners, the register of interns and the register of adapters ],

...

( c) approve programmes of education and further education necessary for the purposes of registration and continued registration F19 [ (including the granting of certificates of experience or certificates of adaptation) ],

...

( i) specify standards of practice for registered medical practitioners F19 [ , interns and adapters ], including the establishment, publication, maintenance and review of appropriate guidance on all matters related to professional conduct and ethics for registered medical practitioners F19 [ , interns and adapters ],

...

( l) advise the public on all matters of general interest relating to the functions of the Council, its area of expertise and other matters of interest to the public relating to the practice of medicine and medical practitioners F19 [ , interns and adapters ], including public advertisement of the object, functions and contact details of the Council from time to time, and

...

(5) The Council has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions F19 [ , including the making of arrangements with any person to assist the Council or a committee in the proper discharge of any of the Council’s or committee’s (as the case may be) functions ].

8.

Conferral of additional functions on Council.

8.— (1) The Minister may by order—

( a) confer on the Council such additional functions connected with—

(i) registered medical practitioners, their education and training and the practice of medicine by medical practitioners, or

(ii) the implementation of any directive or regulation of the European Union concerning the practice of medicine, medical practitioners who practise medicine and the recognition of qualifications of medical practitioners exercising their right to freedom of movement within the European Union,

as the Minister thinks fit, and

( b) make such provisions as the Minister considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of additional functions on the Council.

(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(3) Nothing in this section shall be construed as restricting the power of any Minister of the Government to make regulations under section 3 of the European Communities Act 1972.

Annotations:

Amendments:

F20

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 80, not commenced as of date of revision.

Modifications (not altering text):

C5

Prospective affecting provision: substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 80, not commenced as of date of revision.

8.— (1) The Minister may by order—

( a) confer on the Council such additional functions connected with—

F20 [ (i) registered medical practitioners, interns or adapters, their education and training and the practise of medicine by registered medical practitioners, interns and adapters, or ]

...

9.

Ministerial directions to Council.

9.— (1) The Minister may give general policy directions in writing to the Council in relation to the performance by the Council of its functions except any such functions—

( a) relating to the professional conduct and ethics of registered medical practitioners, or

( b) under any of Parts 7, 8 and 9.

(2) Nothing in directions given under subsection (1) is to be construed to prevent the Council from, or to limit the Council in, performing its functions.

10.

Immunity.

10.— (1) No person to whom this subsection applies, acting in good faith, shall be personally liable in any civil proceedings for any act done or default made in the performance or purported performance of any function under this Act.

(2) The persons to whom subsection (1) applies are—

( a) the members and former members of the Council,

( b) the members and former members of any committee,

( c) the chief executive officer and any former chief executive officer,

( d) the staff and former staff of the Council, and

( e) the persons appointed or formerly appointed under section 58(1) to assist the Preliminary Proceedings Committee.

11.

Council’s power to make rules.

11.— (1) Subject to subsections (3), (4) and (5), the Council—

( a) may make rules for the purposes of the better operation of any provision of this Act, or

( b) at the request in writing of the Minister and in accordance with the request, shall make rules for the purposes of the better operation of any provision of this Act.

(2) Without prejudice to the generality of subsection (1), the Council may make rules under this section in relation to—

( a) the establishment, membership, functions and procedures of committees,

( b) the form and manner in which the register and its divisions are to be maintained,

( c) the details relating to medical practitioners that, in addition to their names, are to be entered in the register or their certificates of registration or both,

F21 [ ( ce ) permits for the purposes of section 38B(3) , ]

( d) the manner in which appropriate fees are to be paid and the time limits for payment of appropriate fees for the retention of registration,

( e) the receiving and recording of evidence by section 20(2) committees,

( f) the receiving of submissions by section 20(2) committees,

( g) the establishment, membership, functions and procedures of subcommittees of committees including, in the case of the Fitness to Practise Committee, subcommittees inquiring, on behalf of that Committee, into different grounds founding a complaint,

( h) the setting of criteria for assessing applications for registration in the Specialist Division,

( i) the specification of examinations for the purposes of subparagraph (i) of section 46 (b) ,

( j) the specification of grounds for the purposes of subparagraph (ii) of section 46 (b) ,

( k) the grounds on which subparagraph (iv) of section 46(b) shall not apply to a medical practitioner due to the unfeasibility of a document referred to in that subparagraph being produced in respect of that practitioner,

( l) the grounds on which paragraph (c) of section 48(2) or (3) shall not apply to a medical practitioner due to the unfeasibility of a document referred to in that paragraph being produced in respect of that practitioner,

( m) the specification of examinations for the purpose of subparagraph (i) of section 48 (3)(a) ,

( n) the specification of grounds for the purposes of subparagraph (ii) of section 48 (3)(a) ,

( o) the specification of examinations for the purposes of subparagraph (i) of section 48 (4)(a) ,

( p) the specification of grounds for the purposes of subparagraph (ii) of section 48 (4)(a) ,

( q) the specification of requirements for the purposes of paragraph (c) of section 48 (4) ,

( r) the specification of—

(i) a period or periods,

(ii) a hospital, health institution, clinic, general medical practice, or other health service setting,

for the purposes of subsection (3) of section 49 ,

F22 [ ( ra ) the setting of criteria for assessing applications for registration, in the Supervised Division, in respect of which different criteria shall be set in relation to different classes of posts,

( rb ) the specification of examinations and assessments for the purposes of enabling a practitioner who has applied or intends to apply for registration in the Supervised Division to satisfy the Council that the criteria set in rules made under paragraph (ra) have been met, ]

( s) the setting of criteria that the Council shall consider under section 81 for the restoration of a medical practitioner’s registration,

( t) the setting of criteria for the purposes of section 88(2)(a) ,

( u) the setting of criteria for the purposes of section 88(3)(a) or (4)(a),

( v) the setting of criteria, in relation to each medical specialty recognised under section 89 (1) , for the purposes of section 89(3) ,

F23 [ ( va ) the evidence to be submitted to the Council by a medical practitioner to satisfy the Council that the minimum level of indemnity (if any) applicable to him or her is in place and the manner in which all or part of that evidence may be displayed for the purposes of section 43(7A) , ]

( w) the setting of criteria for the purposes of section 91(4) ,

( x) any professional competence scheme,

( y) any other matter relating to the Council’s functions.

(3) Without prejudice to the generality of subsection (2)(e) and (f), rules made under this section may specify—

( a) the form in which and the means by which evidence or submissions may be received by section 20 (2) committees, and

( b) the conditions subject to which evidence or submissions may be received by section 20(2) committees by means of a live video link, a video recording, a sound recording or any other mode of transmission.

(4) Without prejudice to the generality of subsection (2)(x), rules made under this section may specify—

( a) categories of registered medical practitioners to which a professional competence scheme applies,

( b) definitions and descriptions of categories or ranges of activities which fall within a professional competence scheme,

( c) obligations to be placed on medical practitioners or categories of medical practitioners specified under paragraph (a) by virtue of a professional competence scheme,

( d) procedures to be followed by the Council and by registered medical practitioners for the purposes of a professional competence scheme (including, in the case of the Council, procedures to be followed for the purposes of the operation, administration and supervision of the professional competence scheme).

(5) The Council shall ensure that—

( a) a draft of any rule (including a rule revoking or amending any other rule) that it proposes to make under this section is published in the prescribed manner,

( b) with the draft is published an invitation to members of the public, any organisation and any other body to comment on the draft before a date specified by the Council in the invitation, being a date reasonable in the circumstances, and

( c) without prejudice to the generality of paragraph (b), a copy of the draft of the rule is given to—

(i) the Minister,

(ii) the Health Service Executive, and

(iii) if the draft relates to a competence scheme, the Minister for Finance,

not later than the date on which the Council complies with paragraph (a) in respect of that draft.

(6) Subject to subsection (7), the Council, after considering any comments on a draft of a rule published pursuant to subsection (5)(a) received before the date specified in the invitation referred to in subsection (5)(b) which relates to the draft, may—

( a) make the rule in the form of the draft as published or with such changes as the Council determines, or

( b) decide not to make the rule.

(7) The Council shall not make rules under this section relating to a professional competence scheme except with the consent of the Minister and the Minister for Finance.

(8) The Council shall ensure that, as soon as is practicable after a rule is made under this section, the rule—

( a) is published in the prescribed manner, and

( b) is submitted to the Minister for laying before each House of the Oireachtas.

(9) Every rule made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which the House has sat after that rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Annotations

Amendments:

F21

Inserted (1.01.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 81(a)(i), S.I. No. 647 of 2020.

F22

Inserted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 4, S.I. No. 388 of 2011.

F23

Inserted (6.11.2017) by Medical Practitioners (Amendment) Act 2017 (10/2017), s. 3, S.I No. 481 of 2017.

F24

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 81(a)(i), (iii), (b), (c), not commenced as of date of revision.

F25

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 81(a)(ii), (iii), (iv), (vi), not commenced as of date of revision.

F26

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 81(a)(v), not commenced as of date of revision.

Modifications (not altering text):

C6

Prospective affecting provision: subss. (2)(ca)-(cd), (ha)-(hd), (2A) and (3A) inserted, subss. (2)(g)-(j) substituted, subss. (2)(k)-(q) deleted and subs. (2)(r) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 81, not commenced as of date of revision.

11.—...

(2) Without prejudice to the generality of subsection (1), the Council may make rules under this section in relation to—

...

( c) the details relating to medical practitioners that, in addition to their names, are to be entered in the register or their certificates of registration or both,

F24 [ ( ca ) the form and manner in which the register of interns is to be maintained,

( cb ) the details relating to interns that, in addition to their names, are to be entered into the register of interns or their certificates of registration or both,

( cc ) the form and manner in which the register of adapters is to be maintained,

( cd ) the details relating to adapters that, in addition to their names, are to be entered in the register of adapters or their certificates of registration or both, ]

...

F25 [ ( g ) subject to subsection (3A) , the establishment, membership, functions and procedures of subcommittees of committees, including—

(i) in the case of the Pre liminary Proceedings Committee, subcommittees to give initial consideration to complaints on behalf of that Committee, and

(ii) in the case of the Fitness to Practise Committee, subcommittees inquiring, on behalf of that Committee, into complaints referred to that Committee, ]

F25 [ ( h ) the setting of criteria for assessing applications by persons for registration in any division of the register, ]

F24 [ ( ha ) the setting of criteria for assessing applications by persons for entry in the register of interns,

( hb ) the setting of criteria for assessing applications by relevant persons for entry in the register of adapters,

( hc ) subject to subsection (2A) , the setting of criteria to be complied with by persons who wish to—

(i) resume practising medicine after not having practised medicine for a period specified in the rules, or

(ii) commence practising medicine after not having practised medicine previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in medicine pursuant to which they wish to practise medicine,

( hd ) without prejudice to the generality of paragraphs (h) to (hc) , the setting of criteria, for persons referred to in any of those paragraphs, providing for the controls to be carried out to ensure that those persons have a knowledge of either the English language or the Irish language necessary for practising medicine in the State, ]

F25 [ ( i ) the specification of examinations for the purposes of section 44B(1)(b) , ]

F25 [ ( j ) the specification of the grounds for the purposes of section 44B(1)(c) , ]

( k) F26 [ ]

( l) F26 [ ]

( m) F26 [ ]

( n) F26 [ ]

( o) F26 [ ]

( p) F26 [ ]

( q) F26 [ ]

( r) the specification of—

(i) a period or periods,

(ii) a hospital, health institution, clinic, general medical practice, or other health service setting,

for the purposes of F25 [ section 36F(3) ] ,

...

F24 [ (2A) Criteria to be complied with by persons referred to in subsection (2)(hc) may include criteria in relation to—

( a ) the education or training of those persons,

( b ) the manner of verifying that those persons possess the relevant competencies, or

( c ) any other matter where, in the opinion of the Council, the specification in rules made under this section of criteria in relation to that matter is necessary or desirable for the protection of the public. ]

...

F24 [ (3A) Without prejudice to the generality of subsection (2)(g) , rules made under that subsection may provide that—

( a ) the chairperson of the Preliminary Proceedings Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(i) , or

( b ) the chairperson of the Fitness to Practise Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(ii) . ]

Editorial Notes:

E11

Power pursuant to section exercised (6.08.2020) by Rules for the Fitness to Practise Committee and Subcommittees of the Fitness to Practise Committee 2020 (S.I. No. 355 of 2020), in effect as per rule 45.

E12

Power pursuant to section exercised (18.05.2018) by Medical Council (Evidence of Indemnity) Rules 2018 (S.I. No. 222 of 2018), in effect as per reg. 2.

E13

Power pursuant to section exercised (17.05.2013) by Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011 (S.I. No. 208 of 2013).

E14

Power pursuant to section exercised (23.05.2012) by Medical Council Annual Retention Rules (S.I. No. 171 of 2012).

E15

Power pursuant to section exercised (14.12.2011) by Medical Council - Rules for the Maintenance of Professional Competence (No. 2) (S.I. No. 741 of 2011).

E16

Power pursuant to section exercised (22.06.2011) by Medical Council Registration Rules (S.I. No. 417 of 2011).

E17

Power pursuant to section exercised (18.01.2011) by Medical Council —Rules for the Maintenance of Professional Competence (No. 1) (S.I. No. 171 of 2011).

E18

Power pursuant to section exercised (30.09.2009) by Medical Council Rules Specifying Criteria to be Considered for Application for Restoration to the Register (S.I. No. 594 of 2009).

E19

Power pursuant to section exercised (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

E20

Power pursuant to section exercised (12.03.2009) by Medical Council Rules Regarding the Receiving and Recording of Evidence by the Fitness to Practise Committee (S.I. No. 593 of 2009).

E21

Previous affecting provision: power pursuant to section exercised (18.07.2011) by Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011 (S.I. No. 733 of 2011); superseded (17.05.2013) by Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011 (S.I. No. 208 of 2013).

E22

Previous affecting provision: power pursuant to section exercised (1.01.2011) by Medical Council - Registration Rules V3 2010 (S.I. No. 688 of 2010); revoked (22.06.2011) by Medical Council Registration Rules (S.I. No. 417 of 2011).

E23

Previous affecting provision: power pursuant to section exercised (16.03.2009) by Medical Council Rules Specifying Pre-Registration Examinations and Exemptions VF3 (S.I. No. 480 of 2010); revoked (1.01.2011) by Medical Council - Registration Rules V3 2010 (S.I. No. 688 of 2010).

E24

Previous affecting provision: power pursuant to section exercised (16.03.2009) by Medical Council - Registration Rules 2009 VF2 (S.I. No. 591 of 2009); revoked (1.01.2011) by Medical Council - Registration Rules V3 2010 (S.I. No. 688 of 2010).

12.

Council’s power to issue guidelines.

12.— (1) Without prejudice to the operation of section 62 or 88(2)(b) or (i), (3)(b), (4)(b) or (8), the Council may from time to time prepare, for the guidance of medical practitioners and the public, guidelines not inconsistent with this Act (including any regulations or rules made under this Act) indicating the manner in which the Council proposes to perform its functions.

(2) The Council shall ensure that guidelines prepared by it under this section are published in the prescribed manner as soon as is practicable after the guidelines have been prepared.

Annotations:

Amendments:

F27

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 82, not commenced as of date of revision.

Modifications (not altering text):

C7

Prospective affecting provision: subs. (1) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 82, not commenced as of date of revision.

12.— (1) Without prejudice to the operation of section 62 or 88(2)(b) or (i), (3)(b), (4)(b) or (8), the Council may from time to time prepare, for the guidance of medical practitioners F27 [ , interns, adapters ] and the public, guidelines not inconsistent with this Act (including any regulations or rules made under this Act) indicating the manner in which the Council proposes to perform its functions.

...

PART 3

Statement of Strategy, Business Plan and Annual Report of Council

13.

Council to prepare and submit statement of strategy.

13.— (1) Subject to subsections (2) to (5), the Council shall—

( a) prepare and adopt a statement of strategy for the term of office of the Council (or, as the case requires, the remaining term of office of the Council), and

( b) submit the statement to the Minister—

(i) within 6 months after the commencement of this section,

(ii) within 6 months after the appointment of a new Minister having charge of the Department of Health and Children if that Minister requests that a statement of strategy be submitted,

(iii) within 6 months of the beginning of the term of office of each new Council appointed under section 17 .

(2) The Council shall prepare a statement of strategy in a form and manner in accordance with any directions issued by the Minister and shall ensure that the statement specifies—

( a) the key objectives of the Council for the period to which the statement relates and the strategies for achieving those objectives,

( b) the manner in which the Council proposes to measure its achievement of those objectives, and

( c) the uses for which the Council proposes to apply its resources.

(3) The Council shall, in preparing the statement of strategy, have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Council.

(4) The Minister may direct the Council to amend a statement of strategy submitted to the Minister if, in the Minister’s opinion, the statement—

( a) does not contain any information required under subsection (2),

( b) does not comply in any other respect with subsection (2), or

( c) has been prepared without regard to the policies referred to in subsection (3).

(5) The Council shall comply with a direction given to it under subsection (4) within the period, if any, specified in the direction, being a period reasonable in the circumstances.

(6) The Council may amend an adopted statement of strategy and, in any such case—

( a) subsections (2) to (5) shall, with all necessary modifications, apply to the preparation of the amended statement as they apply to a statement of strategy prepared under subsection (1), and

( b) the Council shall adopt the amended statement and submit it to the Minister within 3 weeks of the date on which the Council adopted the amended statement.

(7) Nothing in a statement of strategy is to be construed to prevent the Council from, or to limit the Council in, performing its functions.

14.

Publication and implementation of statement of strategy.

14.— (1) The Minister shall ensure that a copy of a statement of strategy or an amended statement of strategy is laid before each House of the Oireachtas within 21 days after the statement is received by the Minister.

(2) The Council shall ensure that, as soon as is practicable after copies of a statement of strategy or of an amended statement of strategy are laid before the Houses of the Oireachtas, the statement is published in the prescribed manner.

(3) The Council shall submit progress reports to the Minister on the implementation of a statement of strategy or an amended statement of strategy, as the case requires—

( a) in its annual report, and

( b) in such other manner and at such intervals as the Minister may direct.

(4) F28 [ ]

(5) F28 [ ]

Annotations

Amendments:

F28

Repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4 part 1, commenced on enactment.

15.

Council to prepare and forward business plan to Minister.

15.— (1) Subject to subsections (2) to (5), the Council shall—

( a) prepare and adopt a business plan for the calendar year or other period as may be determined by the Minister, and

( b) submit the plan to the Minister.

(2) The Council shall prepare a business plan in a form and manner in accordance with any directions issued by the Minister (including any timescale in which the plan must be submitted to the Minister) and shall ensure that the plan—

( a) indicates the type and volume of business to be undertaken by the Council during the period to which the plan relates,

( b) indicates any capital plans proposed by the Council,

( c) contains estimates of the number of staff of the Council for the period and the business to which the plan relates, and

( d) contains any other information specified by the Minister.

(3) The Council shall, in preparing a business plan, have regard to—

( a) the statement of strategy in operation at that time,

( b) any direction issued by the Minister under section 9(1) , and

( c) the policies and objectives of the Minister and the Government as they relate to the functions of the Council.

(4) The Minister may direct the Council to amend a business plan submitted to the Minister if, in the Minister’s opinion, the plan—

( a) does not contain any information required under subsection (2),

( b) does not comply in any other respect with subsection (2), or

( c) has been prepared without regard to a matter specified in subsection (3).

(5) The Council shall comply with a direction given to it under subsection (4) within the period, if any, specified in the direction, being a period reasonable in the circumstances.

(6) The Council shall submit to the Minister with a business plan a statement of its estimate of the income and expenditure relating to the plan that is consistent with the monies estimated to be available to the Council for the period to which the business plan relates.

(7) The Minister shall ensure that copies of a business plan submitted to the Minister are laid before each House of the Oireachtas within 21 days after the plan is so submitted.

(8) The Council shall ensure that, as soon as is practicable after copies of a business plan are laid before the Houses of the Oireachtas, the plan is published in the prescribed manner.

(9) The Council may amend an adopted business plan and, in any such case—

( a) subsections (2) to (8) shall, with all necessary modifications, apply to the preparation of the amended plan as they apply to a business plan prepared under subsection (1), and

( b) the Council shall adopt the amended plan and submit it to the Minister within 3 weeks of the date on which the Council adopted the amended plan.

16.

Council to submit annual report to Minister.

16.— (1) Subject to subsection (3), the Council shall, not later than 3 months after the end of each financial year or such further period, not exceeding 3 months, as the Minister permits, submit to the Minister a report (in this section referred to as the “annual report”) of the activities of the Council in the immediately preceding financial year.

(2) The Minister may specify, by direction in writing to the Council, any information which is required to be included in the annual report.

(3) The Council shall comply with a direction given to it under subsection (2).

(4) The Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas as soon as may be after the report is received by the Minister.

PART 4

Members, Committees and Staff of Council

17.

Members of Council.

17.— (1) Subject to subsections (2) to (9), the members of the Council shall be appointed by the Minister and shall consist of the following 25 persons:

( a) 2 persons jointly nominated by the bodies approved under section 88(2)(a)(i)(II) to deliver programmes of basic medical education and training;

( b) one registered medical practitioner nominated by the Royal College of Physicians of Ireland in relation to medical specialties;

( c) one registered medical practitioner nominated by the Royal College of Surgeons in Ireland in relation to surgical specialties;

( d) one registered medical practitioner nominated by the Irish College of General Practitioners in relation to general practice;

( e) one registered medical practitioner nominated by—

(i) subject to subparagraph (ii), the Irish Psychiatric Training Committee in relation to psychiatry,

(ii) if a body other than that Committee is approved under section 89(3)(a)(ii) to grant evidence of the satisfactory completion of specialist training in relation to psychiatry, that body;

( f) 6 registered medical practitioners practising medicine in the State (but excluding any visiting EEA practitioner) following their election, in accordance with regulations made under section 18 , by registered medical practitioners;

( g) one person nominated by the Royal Irish Academy who is not and never has been a medical practitioner in the State or in another jurisdiction;

( h) 2 persons nominated by the Health Service Executive who are representative of the management of the public health sector;

( i) one person nominated by the Minister for Education and Science, after consultation with the Higher Education Authority, who is not and never has been a medical practitioner in the State or in another jurisdiction;

( j) one person nominated by An Bord Altranais whose name is entered in the register of nurses and midwives maintained under the Nurses Act 1985;

( k) one person nominated by the Health and Social Care Professionals Council—

(i) subject to subparagraph (ii), who is a registrant within the meaning of section 3 of the Health and Social Care Professionals Act 2005,

(ii) in the absence of any such registrant, a person who is a member of a designated profession within the meaning of that section;

( l) one person nominated by the Health Information and Quality Authority who is not and never has been a medical practitioner in the State or in another jurisdiction;

( m) one person nominated by the Independent Hospitals Association of Ireland who is not and never has been a medical practitioner in the State or in another jurisdiction; and

( n) 5 persons who—

(i) are not and never have been medical practitioners in the State or in another jurisdiction, and

(ii) have such qualifications, expertise, interests or experience as, in the opinion of the Minister, would enable them to make a contribution to the performance of the Council’s functions.

(2) Members of the Council shall perform their functions as such in the public interest.

(3) Only registered medical practitioners are eligible for election as the President or Vice-President of the Council in accordance with Schedule 2 .

(4) The persons appointed under subsection (1)(n) may include members of advocacy groups and users of services provided by registered medical practitioners.

(5) The Minister shall, to the extent practicable, endeavour to ensure that there is an equitable balance between men and women in the membership of the Council.

(6) The Minister shall ensure that, as soon as is practicable after a person is appointed as a member of the Council, a notice to that effect that includes the person’s name is published in Iris Oifigiúil.

(7) A person is not eligible for appointment as a member of the Council, or of a committee, if the person is—

( a) a member of either House of the Oireachtas or of the European Parliament,

( b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

( c) a member of a local authority.

(8) F29 [ Subject to subsection (8A) , the 6 registered medical practitioners ] appointed under subsection (1)(f) shall consist of—

( a) one medical practitioner registered, or able to be registered, in the Specialist Division in relation to obstetrics and gynaecology,

( b) one medical practitioner registered, or able to be registered, in the Specialist Division in relation to anaesthesia,

( c) one medical practitioner registered, or able to be registered, in the Specialist Division in relation to public health medicine,

( d) one medical practitioner registered, or able to be registered, in the Specialist Division in relation to pathology or radiology,

( e) one registered medical practitioner, not being a consultant, practising medicine in a hospital, and

( f) one registered medical practitioner not falling within any of paragraphs (a) to (e).

F30 [ (8A) The references in subsection (8) to the Specialist Division shall, for the purposes of the first election and appointment of medical practitioners under subsection (1)(f) , be construed as references to the Register of Medical Specialists. ]

(9) Without prejudice to the generality of the other provisions of this Act relating to the membership of the Council—

( a) the Minister may not refuse to appoint as a member of the Council a person nominated under subsection (1)(a), (b), (c), (d), (e), (g), (h), (i), (j), (k), (l) or (m) or elected as referred to in subsection (1)(f), and

F31 [ ( b ) a person appointed to be a member of the Council pursuant to section 9 of the Act of 1978 shall, subject to that Act, continue to be a member of the Council until the first appointment of persons to be members of the Council pursuant to subsection (1) whereupon the person shall cease to be a member of the Council unless he or she is one of those persons so first appointed. ]

F32 [ (10) Notwithstanding the appointment of persons to be members of the Council pursuant to this section, the Council may, without prejudice to section 4 , perform any function assigned to it by any provision of the Act of 1978 until such provision is repealed. ]

Annotations

Amendments:

F29

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 13(a), commenced on enactment.

F30

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 13(b), commenced on enactment.

F31

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 13(c), commenced on enactment.

F32

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 13(d), commenced on enactment.

F33

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 83, not commenced as of date of revision.

Modifications (not altering text):

C8

Prospective affecting provision: subs. (1)(a) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 83, not commenced as of date of revision.

17.— (1) Subject to subsections (2) to (9), the members of the Council shall be appointed by the Minister and shall consist of the following 25 persons:

( a) 2 persons jointly nominated by the bodies approved under section 88(2)(a)(i)(II) to deliver programmes of F33 [ ] medical education and training;

Editorial Notes:

E25

Procedures to be followed for purpose of election referred to in subs. (1)(f) prescribed (25.01.2013) by Medical Council (Election of Registered Medical Practitioners) Regulations 2013 (S.I. No. 22 of 2013)

E26

Previous affecting provision: procedures to be followed for purpose of election referred to in subs. (1)(f) prescribed (13.02.2008) by Medical Council (Election of Registered Medical Practitioners) Regulations 2008 (S.I. No. 23 of 2008); revoked (25.01.2013) by Medical Council (Election of Registered Medical Practitioners) Regulations 2013 (S.I. No. 22 of 2013), reg. 20.

18.

Elections.

18.— (1) The Minister may make regulations to specify the procedures to be followed for the purposes of an election referred to in section 17(1)(f) (including procedures preparatory to, or subsequent to, such an election).

(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after that regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Annotations

Editorial Notes:

E27

Previous affecting provision: power pursuant to subs. (1) exercised (13.02.2008) by Medical Council (Election of Registered Medical Practitioners) Regulations 2008 (S.I. No. 23 of 2008); revoked (25.01.2013) by Medical Council (Election of Registered Medical Practitioners) Regulations 2013 (S.I. No. 22 of 2013), reg. 20.

19.

First meeting of Council under this Act.

19.— (1) The chief executive officer shall give notice in writing to the members of the Council of the time and place of the first meeting of the Council F34 [ following the first appointment of such members pursuant to section 17 ] .

(2) The Council shall meet at the time and place notified by the chief executive officer under subsection (1) for its first meeting F34 [ following the first appointment of members of the Council pursuant to section 17 ] and shall thereupon enter on its functions under this Act.

Annotations

Amendments:

F34

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

20.

Committees of Council.

20.— (1) Subject to subsections (2) to (13), the Council may establish committees of the Council to perform any functions that, in the opinion of the Council, may be better or more conveniently performed by a committee and that are assigned by the Council to a committee.

(2) Without prejudice to the generality of subsection (1), the Council shall establish—

( a) a committee, to be known as the Preliminary Proceedings Committee, to give initial consideration to complaints, and

( b) a committee, to be known as the Fitness to Practise Committee, to inquire into complaints,

to perform the functions under Parts 7, 8 and 9 that are respectively assigned to the committees.

(3) Without prejudice to the generality of subsection (1), the Council may establish a committee, to be known as the Education and Training Committee, to perform such of the Council’s functions under Part 10 or section 106 as are assigned by the Council to the Committee.

(4) Without prejudice to the generality of subsection (1), the Council may establish a committee, to be known as the Health Committee, to perform such functions as are specified by the Council in support of—

( a) medical practitioners with relevant medical disabilities, and

( b) medical practitioners who have given consents under section 67(1)(c) .

(5) Subject to subsections (7) and (8), a committee may include in its membership persons who are not members of the Council.

(6) The chairperson of a section 20(2) committee shall be a member of the Council other than the President or Vice-President of the Council.

(7) No person shall be a member of more than one section 20(2) committee.

(8) At least one third of the members of a section 20(2) committee, including the chairperson, shall be members of the Council.

(9) Subject to subsection (10), at least one third of the membership of the Fitness to Practise Committee shall consist of medical practitioners.

(10) The majority of the membership of the Fitness to Practise Committee shall consist of persons who are not medical practitioners.

(11) The majority of the membership of a committee (except the Fitness to Practise Committee) shall consist of medical practitioners.

(12) The acts of a committee (except a section 20(2) committee) shall be subject to confirmation by the Council unless the Council dispenses with the necessity for such confirmation.

(13) The Council may, subject to the provisions of this Act, regulate the procedure of a committee but, subject to any such regulation, the committee may regulate its own procedure.

(14) The members of a section 20(2) committee, in performing the functions under this Act respectively conferred on—

( a) the members in their capacity as such members, or

( b) the section 20 (2) committee of which they are members,

shall have the same protection and immunity as a judge of the Court performing the functions of a judge.

Annotations:

Amendments:

F35

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 84(a), not commenced as of date of revision.

F36

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 84(b), (c), not commenced as of date of revision.

F37

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 84(d), not commenced as of date of revision.

Modifications (not altering text):

C9

Prospective affecting provision: subss. (4)(b) and (8) amended, subs. (6) deleted and subss. (15)-(18) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 84, not commenced as of date of revision.

20.—...

(4) Without prejudice to the generality of subsection (1), the Council may establish a committee, to be known as the Health Committee, to perform such functions as are specified by the Council in support of—

( a) medical practitioners with relevant medical disabilities, and

( b) medical practitioners who have given consents under F35 [ section 59A(1)(c) or 67(1)(c) ] .

...

(6) F36 [ ]

...

(8) At least one third of the members of a section 20(2) committee F36 [ ] shall be members of the Council.

...

F37 [ (15) ( a ) Where the Council establishes a subcommittee of a committee, that subcommittee may perform any of the functions of that committee as if it were that committee, and every reference in this Act to that committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

( b ) Subject to paragraph (d) , where a subcommittee of the Preliminary Proceedings Committee is established pursuant to rules made under section 11 , that subcommittee may perform any of the functions of that Committee as if it were the Preliminary Proceedings Committee, and every reference in this Act to the Preliminary Proceedings Committee shall, unless the context otherwise requires, be construed as including a reference to the subcommittee.

( c ) Subject to paragraph (d) , where a subcommittee of the Fitness to Practise Committee is established pursuant to rules made under section 11 , that subcommittee may perform any of the functions of that Committee as if it were the Fitness to Practise Committee, and every reference in this Act to the Fitness to Practise Committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

( d ) Neither paragraph (b) nor (c) shall be construed as entitling a subcommittee referred to in that paragraph to itself establish a subcommittee.

(16) Where the term of office of one or more members of a committee ends during the consideration of a matter, including the consideration of a complaint under Part 7 or 8 , the Council shall decide—

( a ) that the member or members may continue in office beyond the expiration of his or her term, or their terms, for so long as is required for the committee to finish consideration of the matter,

( b ) that the committee, as constituted without that member or those members, shall continue to consider that matter provided that the committee can achieve a quorum, or

(c) that the consideration of that matter be stopped and that a new constituted committee begin to consider the matter once the vacancy or vacancies created by the expiration of the term or terms has or have been filled,

and any decision of the committee on that matter following the Council’s decision shall be valid as if no term of office had so expired.

(17) On the expiration of the term of office as a Council member of a person who is a member of a section 20(2) committee, that member may continue in office as a member of that committee beyond the expiration of the term so long as it is required for the committee to finish the consideration of a matter being considered by it on the date of that expiration, and the decision of the committee on that matter concerned shall be as valid as if the term of office as a member of the Council had not expired.

(18) The Council may dissolve a committee other than a section 20(2) committee. ]

21.

Expenses of members of Council and committees.

21.— A member of the Council or of any committee shall be paid, out of funds at the disposal of the Council, such allowances for travelling and subsistence expenses incurred in respect of the member’s attendance at a meeting of the Council or of the committee, as the case may be, or otherwise in connection with the affairs of the Council as the Minister, with the consent of the Minister for Finance, determines.

22.

Payment of allowances.

22.— (1) The Minister may, with the consent of the Minister for Finance, from time to time determine the amount of an allowance that may by paid by the Council to—

( a) the President of the Council in respect of the President’s role as President,

( b) a member of the Council in respect of such membership, or

( c) a member of a committee in respect of such membership.

(2) An allowance referred to in subsection (1) shall be paid out of the funds at the disposal of the Council.

23.

Removal of members of Council from office.

23.— (1) The Minister may at any time remove a member of the Council from office if—

( a) the member has become incapable through illness of performing the functions of the office,

( b) the member has committed stated misbehaviour,

( c) whether or not following a review under subsection (9), the Minister is satisfied that the member’s behaviour prevents the Council from, or unnecessarily hinders the Council in, performing its functions in an effective manner,

( d) the member has contravened—

(i) section 30 , or

(ii) an applicable provision of the Ethics in Public Office Act 1995,

or

( e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the member.

(2) A member of the Council ceases to hold office if the member—

( a) is adjudicated bankrupt,

( b) makes a composition or arrangement with creditors,

( c) is convicted of an indictable offence,

( d) is convicted of an offence involving fraud or dishonesty,

( e) is the subject of an order under section 160 of the Companies Act 1990,

( f) is sentenced to a term of imprisonment by a court of competent jurisdiction, or

( g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or in another jurisdiction.

(3) A member of the Council who does not, for a consecutive period of 6 months, attend a meeting of the Council ceases at the end of that period to hold office unless the member demonstrates to the Minister’s satisfaction that the failure to attend was due to illness.

(4) Where the Council does not perform any function conferred on it under this Act, the Minister may, by order, direct the Council to perform that function and for that purpose to do such other things ancillary or incidental thereto as may be specified in the order.

(5) Subject to subsection (7), where the Council fails to comply with any direction of the Minister contained in an order under subsection (4), the Minister may, by order, remove from office the members of the Council.

(6) Subject to subsection (7), the Minister may, by order, remove all the members of the Council from office if—

( a) the Council fails to achieve a quorum for 3 consecutive meetings,

( b) the Council does not comply with a judgment, order or decree of any court,

( c) the Council does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment including this Act, or

( d) whether or not following a review under subsection (9), the Minister is satisfied that the members’ behaviour prevents the Council from, or unnecessarily hinders the Council in, performing its functions in an effective manner.

(7) An order under subsection (5) or (6) removing the members of the Council from office shall not have effect unless—

( a) a draft of the proposed order and a statement of the reasons for the order have been laid before the Houses of the Oireachtas, and

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

(8) Where the Council fails to achieve a quorum for 3 consecutive meetings, the chief executive officer shall, forthwith upon the occurrence of that failure, give the Minister notice in writing of that failure.

(9) The Minister may, if of the opinion that the Council’s functions are not being performed in an effective manner, appoint a person to—

( a) conduct an independent review of any matter giving rise to that opinion, and

( b) submit a report to the Minister on the results of the review.

(10) For the purposes of a review referred to in subsection (9), the Council shall give the person conducting the review all reasonable assistance, including access to such premises, equipment and records, as the person may require for the purposes of the review.

(11) The removal of the members of the Council from office does not revoke or otherwise affect any delegation of the Council’s functions to the chief executive officer under section 24 .

(12) An order under subsection (5) or (6) may contain such provisions as the Minister considers necessary to enable the functions of the Council to be performed notwithstanding the removal from office of its members, and any such order may, in particular, appoint a person or persons to discharge all or any of the functions of the Council.

(13) In this section “applicable provision of the Ethics in Public Office Act 1995”, in relation to a member of the Council, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member.

Annotations:

Amendments:

F38

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 85(a), not commenced as of date of revision.

F39

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 85(b), not commenced as of date of revision.

Modifications (not altering text):

C10

Prospective affecting provision: subs. (1) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 85, not commenced as of date of revision.

23.— (1) The Minister may at any time remove a member of the Council from office if F38 [ , in the Minister’s opinion ]

( a) the member has become incapable through illness of performing the functions of the office,

( b) the member has committed stated misbehaviour,

( c) whether or not following a review under subsection (9), F39 [ ] the member’s behaviour prevents the Council from, or unnecessarily hinders the Council in, performing its functions in an effective manner,

24.

Chief executive officer.

24.— (1) Subject to subsection (4)(a), the Council shall appoint a chief executive officer to—

( a) carry on and manage and control generally the administration of the Council and the business of the Council, and

( b) perform any other functions that may be delegated by the Council.

(2) Subject to subsection (4)(b), the chief executive officer holds office on the conditions (including those relating to remuneration, allowances and superannuation) that are determined by the Council with the prior approval of the Minister given with the consent of the Minister for Finance.

(3) The chief executive officer shall be paid by the Council, out of the funds at its disposal, the remuneration and allowances determined under subsection (2).

(4) Notwithstanding the repeal of F40 [ section 16 of ] the Act of 1978 by section 3 , the person who was the Registrar, within the meaning of that Act, F41 [ immediately before that repeal ] shall be deemed to be the chief executive officer of the Council—

( a) as if, F41 [ on that repeal ], the Council had appointed under subsection (1) the person to be the chief executive officer of the Council for the remaining period, if any, that was left to run for the person to hold the office of such Registrar F41 [ immediately before that repeal ], and

( b) on the same conditions (including those relating to the termination of appointment) as the person held office as such Registrar F41 [ immediately before that repeal ],

and the other provisions of this Act shall be construed accordingly.

Annotations

Amendments:

F40

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

F41

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

F42

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 86(a)(i), not commenced as of date of revision.

F43

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 86(a)(ii) and (b), not commenced as of date of revision.

Modifications (not altering text):

C11

Prospective affecting provision: subs. (1)(a) amended and subss. (1)(aa) and (5)-(7) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 86, not commenced as of date of revision.

24.— (1) Subject to subsection (4)(a), the Council shall appoint a chief executive officer to—

( a) carry on and manage and control generally the administration of the Council and the F42 [ business of the Council, ]

F43 [ ( aa ) investigate complaints, and ]

...

F43 [ (5) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer may be performed, by an employee of the Council designated by the Council, for a period of not more than 6 months in any year as specified by the Council or such further period as specified by the Council with the consent of the Minister.

(6) The chief executive officer may delegate in writing any of his or her functions to a specified member of staff of the Council, and that member of staff shall be accountable to the chief executive officer for the performance of the functions so delegated.

(7) The chief executive officer may revoke in writing a delegation made in accordance with this section. ]

25.

Staff of Council.

25.— (1) Subject to subsection (4)(a), the Council shall appoint such and so many persons to be staff of the Council as the Council from time to time thinks proper with the approval of the Minister given with the consent of the Minister for Finance.

(2) Subject to subsection (4)(b), a member of staff of the Council shall hold office or employment on the conditions (including those relating to remuneration, allowances and superannuation) that are determined by the Council with the prior approval of the Minister given with the consent of the Minister for Finance.

(3) The staff of the Council shall be paid by the Council, out of the funds at its disposal, the remuneration and allowances determined under subsection (2).

(4) Notwithstanding the repeal of F44 [ section 17 of ] the Act of 1978 by section 3 , a person who was an officer or servant of the Council, appointed under section 17(1) of that Act, F45 [ immediately before that repeal ] shall be deemed to be a member of the staff of the Council—

( a) as if, F45 [ on that repeal ], the Council had appointed under subsection (1) the person to be a member of the staff of the Council for the remaining period, if any, that was left to run for the person to hold office as such officer or servant, as the case may be, F45 [ immediately before that repeal ], and

( b) on the same conditions (including those relating to termination of appointment) as the person held office as such officer or servant, as the case may be, F45 [ immediately before that repeal ],

and the other provisions of this Act shall be construed accordingly.

Annotations

Amendments:

F44

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

F45

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

26.

Age limits.

26.— F46 [ (1) Subject to subsection (2) , a person who is a permanent officer of the Council shall cease to be a permanent officer on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age. ]

(2) Subsection (1) shall not apply to a person who is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed on or after 1 April 2004.

(3) F47 [ ]

Annotations

Amendments:

F46

Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.

F47

Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.

27.

Superannuation.

27.— The Local Government (Superannuation) Act 1980 shall apply to the Council and its staff as if the Council were a local authority and the staff were the staff of a local authority but subject to any modifications (including modifications relating to service reckonable as pensionable service) which may, with the consent of the Minister for the Environment, Heritage and Local Government, be determined by the Minister.

28.

Membership of either House of Oireachtas by member of staff of Council.

28.— (1) Where a person who is a member of the staff of the Council (including the chief executive officer) becomes a member of either House of the Oireachtas, the person—

( a) shall stand seconded from being a member of such staff during the period (in this section referred to as the “secondment period”)—

(i) commencing on the date the person becomes entitled under the Standing Orders of that House to sit therein, and

(ii) ending on the date when—

(I) the person ceases to be a member of that House, or

(II) the person ceases to be a member of such staff,

whichever is the earlier,

( b) shall not be paid by, or entitled to receive from, the Council any remuneration or allowance in respect of the secondment period, and

( c) shall not be entitled to reckon the whole or any part of the secondment period for any superannuation benefits payable under this Act.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of the staff of the Council.

29.

Membership of local authority or European Parliament by member of staff of Council.

29.— Section 28 shall, with all necessary modifications, apply to a person who is a member of the staff of the Council who becomes a member of—

( a) a local authority, or

( b) the European Parliament,

as that section applies to a member of staff of the Council who becomes a member of either House of the Oireachtas.

30.

Disclosure of interests by members of Council or committee.

30.— (1) Any member present at a meeting where a specified matter arises who, otherwise than in the member’s capacity as a member, has a material interest in that matter shall—

( a) at the meeting disclose to the Council or committee the nature of that interest,

( b) withdraw from the meeting for as long as the matter is being discussed or considered,

( c) take no part in any deliberation of the members relating to the matter, and

( d) refrain from voting on any decision relating to the matter.

(2) Where a member discloses a material interest under this section—

( a) the disclosure shall be recorded in the minutes of the meeting concerned, and

( b) for as long as the matter to which the disclosure relates is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting.

(3) Where at a meeting a question arises as to whether or not a course of conduct, if pursued by a member, would be a failure by the member to comply with subsection (1)

( a) the chairperson of the meeting may, subject to subsection (4), determine the question,

( b) the chairperson’s determination is final, and

( c) the particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where the chairperson of a meeting is the member in respect of whom a question referred to in subsection (3) arises, the other members present at the meeting shall choose one of their number to be the chairperson of the meeting for the purposes of that subsection.

(5) A member who, otherwise than in the member’s capacity as a member, has a material interest in a specified matter shall neither influence nor seek to influence any decision to be made by the Council or committee in relation to that matter.

(6) Where the Minister is satisfied that a member has failed to comply with subsection (1) or (5), the Minister may remove that member from office.

(7) A member removed from office under this section is not eligible for appointment under this Act.

(8) In this section—

“meeting” means a meeting of the Council or of a committee;

“member” means a member of the Council or of a committee;

“specified matter” means—

( a) an arrangement to which the Council is a party or a proposed such arrangement, or

( b) a contract or other agreement with the Council or a proposed such contract or other agreement.

31.

Disclosure of interests by members of staff of Council.

31.— (1) Subject to subsection (2), a member of the staff of the Council (including the chief executive officer) who, otherwise than in the member’s capacity as such a member, has a material interest in a specified matter within the meaning of section 30 (8) shall—

( a) disclose to the Council the nature of that interest,

( b) take no part in the negotiation of the arrangement, contract or other agreement concerned or in any deliberation by the Council or its staff relating to that matter,

( c) refrain from making any recommendation relating to the matter, and

( d) neither influence nor seek to influence a decision to be made in relation to the matter.

(2) Subsection (1) shall not apply to contracts or proposed contracts of employment of the members of the staff of the Council with the Council.

(3) Where a member of the staff of the Council fails to comply with subsection (1), the Council may—

( a) make such alterations to the member’s conditions of employment as it considers appropriate, or

( b) terminate the member’s contract of employment.

PART 5

Accounts and Finances of Council

32.

Accounts of Council.

32.— (1) The Council shall keep all proper accounts of—

( a) all income and expenditure of the Council and of the sources of such income and the subject matter of such expenditure, and

( b) all property, assets and liabilities of the Council.

(2) The accounts of the Council shall be audited at least once in every year by the Comptroller and Auditor General.

(3) The Council shall, as soon as may be after each audit under this section, give the Minister a copy of the accounts of the Council and the Comptroller and Auditor General’s certificate and report thereon.

(4) The Council shall—

( a) as soon as may be after each audit under this section, cause the accounts of the Council and the Comptroller and Auditor General’s certificate and report thereon to be printed, published and put on sale, and

( b) immediately after each such publication, cause a copy of such accounts and such certificate and report thereon as so printed and published to be laid before each House of the Oireachtas.

(5) Nothing in this section shall be construed as entitling the Comptroller and Auditor General to question—

( a) the policy objectives of the Council, or

( b) the need for or the conduct of an inquiry.

33.

Power of Council to borrow.

33.— (1) The Council may, with the consent of the Minister for Finance and subject to the conditions, if any, which are imposed by the Minister, or in accordance with the directions, if any, given by the Minister, borrow money for capital or current purposes.

(2) Any monies borrowed by the Council pursuant to this section and any interest accruing thereon may be secured on the revenue, funds or property of the Council.

34.

Acceptance of gifts by Council.

34.— (1) Subject to subsection (2), the Council may accept gifts of money, land or other property upon such trusts and conditions, if any, as are specified by the donor.

(2) The Council shall not accept a gift if the conditions attached to the acceptance by the donor are inconsistent with the functions of the Council.

35.

Expenses of Council and Minister.

35.— (1) All expenses incurred by the Council shall be defrayed by the Council out of funds at the disposal of the Council.

(2) Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be approved by the Minister for Finance, be paid out of monies provided by the Oireachtas.

(3) The Minister may—

( a) with the consent of the Minister for Finance, arrange for the provision of assistance to the Council, in the performance of its functions under Part 11 , out of monies provided by the Oireachtas for the purpose,

( b) after consultation with the Council and with the consent of the Minister for Finance, arrange for the provision of assistance to the Council, in the performance of specified functions of the Council not falling under Part 11 , out of the monies provided by the Oireachtas for the purpose.

(4) The Council may allocate, in a manner that it determines, the surplus of any funds at its disposal to—

( a) education,

( b) research, or

( c) public purposes,

connected with the medical profession.

36.

Fees that Council may charge.

36.— (1) Subject to subsections (2) and (3), the Council may charge such fees as may, from time to time, be determined by the Council for—

F48 [ ( a ) the registration under section 46 , 47 , 48 , 49 or 50A of a medical practitioner, ]

F48 [ ( b ) the annual retention of the registration under section 44 , 46 , 47 , 48 , 49 or 50A , of a medical practitioner, ]

( c) the restoration of the registration under section 46 , 47 , 48 or 49 , or under F49 [ section 80 , 80B or 81 ] , of a medical practitioner,

( d) the entry of additional qualifications of any medical practitioner in the register pursuant to section 51 ,

( e) the giving to a medical practitioner of a certificate of registration,

( f) the approval of a body under section 88(2)(a)(i)(II) or 89(3)(a)(ii) ,

( g) the annual retention of the approval of a body under section 88(2)(a)(i)(II) or 89(3)(a)(ii) ,

( h) the recognition of a body under section 91(4)(a) ,

( i) the annual retention of the recognition of a body under section 91(4)(a) ,

( j) the grant of a licence referred to in section 106 ,

( k) any other service which the Council may, from time to time, provide.

(2) The Council shall not charge a fee for the registration, or the restoration of the registration, of a medical practitioner in the Visiting EEA Practitioners Division.

(3) The Council shall not charge a fee for any matter referred to in subsection (1)(f) to (i) except with the consent in writing of the Minister.

Annotations

Amendments:

F48

Substituted (8.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 5, commenced on enactment.

F49

Substituted (6.11.2017) by Medical Practitioners (Amendment) Act 2017 (10/2017), s. 4, S.I. No. 481 of 2017.

F50

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 87(a), (b), not commenced as of date of revision.

F51

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 87(c), not commenced as of date of revision.

F52

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 87(d), (e), not commenced as of date of revision.

Modifications (not altering text):

C12

Prospective affecting provision: subss. (1)(a)-(c) and (e) amended and subss. (1)(ca)-(cf) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 87, not commenced as of date of revision.

36.— (1) Subject to subsections (2) and (3), the Council may charge such fees as may, from time to time, be determined by the Council for—

F48 [ ( a ) the registration under section 46 , 47 , 48 F50 [ ] or 50A of a medical practitioner, ]

F48 [ ( b ) the annual retention of the registration under section 44 , 46 , 47 , 48 F50 [ ] or 50A , of a medical practitioner, ]

( c) the restoration of the registration under section 46 , 47 F51 [ or 48 ], or under F49 [ section 80 , 80B or 81 ] , of a medical practitioner,

F52 [ ( ca ) the registration under section 36E of a person,

( cb ) the annual retention of the registration under section 36E of an intern,

( cc ) the recognition under section 36C or 44A of a qualification (other than a professional qualification referred to in paragraph (cf) ) held by a person,

( cd ) the registration under section 36M of a relevant person,

( ce ) the annual retention of the registration under section 36M of an adapter,

( cf) the recognition under the Regulations of 2017 of a professional qualification (within the meaning of Regulation 3 of those Regulations) as a medical practitioner or specialised doctor, ]

( d) the entry of additional qualifications of any medical practitioner in the register pursuant to section 51 ,

( e) the giving to a medical practitioner F52 [ , intern or adapter ] of a certificate of registration,

...

Editorial Notes:

E28

Previous affecting provision: subs. (1)(b) substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 14, commenced on enactment; further substituted as per F-note above.

PART 5A

Registration of Interns ]

Annotations:

Amendments:

F53

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

36A.

F54 [ Definitions.

36A . ... ]

Annotations:

Amendments:

F54

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C13

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F54 [ 36A. In this Part

‘intern qualification’ shall be construed in accordance with section 36D ;

‘register’ means the register of interns;

‘registered’ means registered under section 36E . ]

36B.

F55 [ Register of interns.

36B . ... ]

Annotations:

Amendments:

F55

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C14

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F55 [ 36B. (1) The Council shall establish and maintain a register to be known as the register of interns.

(2) The register shall contain the names of persons registered in it pursuant to section 36E and such other identifying particulars of those persons as the Council considers appropriate.

(3) The register may be established and maintained in paper or electronic form.

(4) A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

( a ) a person named in the certificate—

(i) was an intern, or

(ii) was not an intern,

or

( b ) the registration of an intern named in the certificate was subject to the relevant conditions specified in the certificate,

shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(5) The Council shall, as soon as is practicable after a person has been registered and the appropriate fee paid, give the person a certificate stating—

( a ) the person’s name,

( b ) the registration number attached to the person’s registration, and

( c ) such other identifying particulars of the person as the Council considers appropriate.

(6) Where relevant conditions have been attached to the registration of an intern, the Council shall enter in the register—

( a ) a statement that the intern’s registration is subject to conditions, and

( b ) particulars of the conditions.

(7) An intern shall, as soon as may be after the intern has received his or her certificate of registration and if it is practicable to do so, cause the certificate to be displayed—

( a ) at the principal place where the intern practises medicine, and

( b ) at all times during which the intern’s registration continues and at no other time.

(8) An intern shall, as soon as may be after he or she has received his or her certificate of registration, cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic form, relating to that intern’s practice as an intern.

(9) ( a ) In this subsection—

‘person concerned’ means a person whose name is, immediately before the relevant commencement, entered in the Trainee Specialist Division pursuant to section 49 ;

‘relevant commencement’ means the date of commencement of section 88 of the Regulated Professions (Health and Social Care)(Amendment) Act 2020.

( b ) Subject to paragraph (c) , this Act as in force immediately before the relevant commencement shall continue to apply and have effect in respect of a person concerned as if section 88 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 had not been commenced.

( c ) Paragraph (b) shall cease to apply to a relevant person immediately upon—

(i) the person’s name ceasing to be entered in the Trainee Specialist Division pursuant to section 49 (but without prejudice to any entry of that person’s name in that Division pursuant to section 48 ), or

(ii) the person being granted a certificate of experience,

whichever first occurs.

( d ) The Trainee Specialist Division shall cease to have any force or effect, in so far as it relates to a person concerned whose name is entered in it pursuant to section 49 (but without prejudice to any entry of that person’s name in that Division pursuant to section 48 ) immediately upon—

(i) there being no person concerned to whom paragraph (b) still applies, or

(ii) the 5th anniversary of the relevant commencement,

whichever first occurs.

( e ) The Council shall, as soon as practicable after paragraph (d) applies to a person concerned, remove from the Trainee Specialist Division all entries therein that relate to that person and that were entered therein pursuant to section 49 . ]

36C.

F56 [ Application for recognition of qualification.

36C . ... ]

Annotations:

Amendments:

F56

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C15

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F56 [ 36C. (1) A person may make an application to the Council, accompanied by the appropriate fee, for the recognition of a qualification, held by that person, as an intern qualification.

(2) The Council shall recognise the qualification, the subject of an application under subsection (1) , as an intern qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 36D .

(3) The Council may, by notice in writing given to a person who has made an application under subsection (1) , request that person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application. ]

36D.

F57 [ Requirements to be met for recognition of qualification.

36D . ... ]

Annotations:

Amendments:

F57

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F57 [ 36D. A qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as an ‘intern qualification’) for the purposes of registering that person if the person—

( a ) has been awarded an approved medical degree completed mainly in the State, or

( b ) has been awarded a qualification—

(i) arising from the completion of a course of study in a Member State, and

(ii) which is not recognised as a qualification under Part 7 of the Regulations of 2017 but would be so recognised under Directive 2005/36/EC by the person’s home Member State (within the meaning of Regulation 3(1) of the Regulations of 2017) if the person were granted a certificate of experience. ]

36E.

F58 [ Application for registration.

36E . ... ]

Annotations:

Amendments:

F58

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F58 [ 36E. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered.

(2) The Council shall determine an application under subsection (1) from a person by registering the person if—

( a ) the Council is satisfied that the person holds an intern qualification,

( b ) the person satisfies the Council that he or she intends to practise medicine in an individually numbered, identifiable intern post which has been approved by the Council for intern training,

( c ) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State,

( d ) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and

( e ) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.

(3) The Council may, by notice in writing given to a person who has made an application under subsection (1) , request the person to give the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application. ]

36F.

F59 [ Provisions supplementary to sections 36B and 36E .

36F . ... ]

Annotations:

Amendments:

F59

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C18

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F59 [ 36F. (1) To the extent of enabling an intern to participate in an intern training programme but no further, every reference to a medical practitioner or a registered medical practitioner contained in any enactment (other than this Act) or any statutory instrument (other than a statutory instrument under this Act) or any other document shall, unless the context otherwise requires, be construed as including a reference to the intern.

(2) Subject to subsection (3) , where an intern has completed a period of internship in the State to the satisfaction of the Council, the Council shall grant the intern a certificate of experience.

(3) The Council shall not grant a certificate of experience to an intern unless the Council is satisfied that the intern has, for the period or periods specified in rules made under section 11 for the purposes of this subsection, been employed as an intern—

( a ) in a hospital, health institution, clinic, general medical practice, or other health service setting, as is specified in rules made under section 11 for the purposes of this subsection, and

( b ) such hospital, health institution, clinic, general medical practice, or other health service setting, as the case may be, has been inspected and approved by the Council as acceptable for intern training standards.

(4) Without prejudice to the generality of section 56B , the Council may remove an intern’s registration by deleting his or her name from the register if—

( a ) the intern makes an application to the Council to have the registration removed,

( b ) the intern is not, or is no longer, practising medicine in an individually numbered, identifiable intern post which has been approved by the Council for intern training, or

( c ) the intern has not completed a period of internship in the State to the satisfaction of the Council. ]

36G.

F60 [ Conditions attached to registration.

36G . ... ]

Annotations:

Amendments:

F60

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C19

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F60 [ 36G. (1) A person making an application for registration shall declare in the application—

( a ) whether the person has a relevant medical disability, and

( b ) whether any material matter has occurred in relation to the person.

(2) Where the Council is satisfied that—

( a ) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

( b ) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter,

the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

(3) Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council shall, if the person is registered, at the same time as such registration comply with section 36B(6) in respect of the conditions.

(4) Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council may refuse to register that person.

(5) An intern who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than—

( a ) 30 days after the medical disability becomes a relevant medical disability, or

( b ) where the relevant medical disability renders it impracticable for the intern to notify the Council within those 30 days, as soon as is practicable in the circumstances.

(6) Where the Council is satisfied, after receiving a notification under subsection (5) , that, in the interest of public safety, the registration of the intern should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the intern in those interests, specify the proposed conditions and propose that the intern accept that those conditions be attached to his or her registration.

(7) Where the intern the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the intern’s registration, the Council shall attach those conditions to the registration of the intern and, at the same time, comply with section 36B(6) in respect of the conditions.

(8) Where the intern the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Council may, notwithstanding that refusal, attach those conditions to the registration of the intern and, at the same time, comply with section 36B(6) in respect of the conditions. ]

36H.

F61 [ Appeal to Court against certain decisions of Council.

36H . ... ]

Annotations:

Amendments:

F61

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F61 [ 36H. (1) In this section, ‘relevant decision’ means a decision of the Council to—

( a ) refuse to recognise a qualification held by a person as an intern qualification under section 36C(2) ,

( b ) refuse to register a person under section 36E(2) or 36G(4) ,

( c ) refuse to grant a certificate of experience to an intern, or

( d ) attach conditions to the registration of an intern pursuant to section 36G(8) .

(2) When the Council makes a relevant decision, it shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2) , appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a person—

(a) either—

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to—

(I) recognise a qualification held by the person as an intern qualification,

(II) register the person and with no conditions attached to the registration,

(III) register the person with such conditions attached to the registration as the Court considers appropriate,

(IV) remove some or all, or replace some or all, of the conditions attached to the registration of the person,

(V) require the Council to issue a certificate of experience to the person, or

(VI) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

and

( b ) give the Council such directions or, in the case at paragraph (a)(ii)(VI) , such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4) , give notice in writing to the person concerned of the Council’s compliance with the direction. ]

36I.

F62 [ Correction of register.

36I . ... ]

Annotations:

Amendments:

F62

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C21

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F62 [ 36I. (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires—

( a ) correct all clerical errors in the register,

( b ) remove from the register all entries therein procured by fraud or misrepresentation,

( c ) enter in the register every change which comes to the Council’s knowledge in the addresses of interns, and

( d ) remove the registration of all interns whose death has been notified to, or comes to the knowledge of, the Council.

(2) Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the intern concerned, or the intern’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.

(3) The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.

(4) Where any particulars entered in the register in respect of an intern change, the intern shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.

(5) An intern shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the intern’s registration not later than 30 days after that matter comes to the knowledge of the intern. ]

36J.

F63 [ Publication of register.

36J . ... ]

Annotations:

Amendments:

F63

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

Modifications (not altering text):

C22

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 88, not commenced as of date of revision.

F63 [ 36J. (1) Subject to subsection (2) , the Council shall ensure that the register is published in the prescribed manner.

(2) The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of interns or other similar details that, in its opinion, should, in the interests of the security of the interns, be protected from disclosure. ]

PART 5B

Registration of Adapters ]

Annotations:

Amendments:

F64

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

36K.

F65 [ Interpretation - Part 5B .

36K . ... ]

Annotations:

Amendments:

F65

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C23

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F65 [ 36K. (1) In this Part—

‘adaptation period’ has the meaning assigned to it by Regulation 23 of the Regulations of 2017;

‘register’ means the register of adapters;

‘registered’ means registered under section 36M ;

‘relevant person’ means a person—

( a ) to whom Part 5 of the Regulations of 2017 applies who is seeking to pursue the professional activity of medical practitioner in the State, and

( b ) who is required to complete a period of adaptation in consequence of the Council exercising its power under Regulation 22 of the Regulations of 2017 to require him or her to do so.

(2) A reference in this Part to an adapter’s adaptation period means the adaptation period stated in his or her certificate of registration pursuant to section 36L(5)(d) . ]

36L.

F66 [ Register of adapters.

36L . ... ]

Annotations:

Amendments:

F66

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F66 [ 36L. (1) The Council shall establish and maintain a register to be known as the register of adapters.

(2) The register shall contain the names of relevant persons registered in it pursuant to section 36M and such other identifying particulars of those persons as the Council considers appropriate.

(3) The register may be established and maintained in paper or electronic form.

(4) A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

( a ) a person named in the certificate—

(i) was an adapter, or

(ii) was not an adapter,

or

( b ) the registration of an adapter named in the certificate was subject to the relevant conditions specified in the certificate,

shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(5) The Council shall, as soon as is practicable after a relevant person has been registered and the appropriate fee paid, give the person a certificate stating—

( a ) the person’s name,

( b ) the registration number attached to the person’s registration,

( c ) such other identifying particulars of the person as the Council considers appropriate,

( d ) the adaptation period, not exceeding 3 years, required to be completed by the person, and

( e ) particulars of the training in medical practice to which such adaptation period relates.

(6) Where relevant conditions have been attached to the registration of an adapter, the Council shall enter in the register—

( a ) a statement that the adapter’s registration is subject to conditions, and

( b ) particulars of the conditions.

(7) An adapter shall, as soon as may be after the adapter has received his or her certificate of registration and if it is practicable to do so, cause the certificate to be displayed—

( a ) at the principal place where the adapter practises medicine, and

( b ) at all times during which the adapter’s registration continues and at no other time.

(8) An adapter shall, as soon as may be after he or she has received his or her certificate of registration, cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic form, relating to that adapter’s practice as an adapter.

(9) The Council shall, as soon as is practicable after the expiration of an adapter’s adaptation period, remove from the register all entries therein relating to that adapter. ]

36M.

F67 [ Application for registration.

36M . ... ]

Annotations:

Amendments:

F67

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C25

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F67 [ 36M. (1) A relevant person may make an application to the Council, accompanied by the appropriate fee, to be registered in the register.

(2) The Council shall determine an application under subsection (1) from a relevant person by registering the person if—

( a ) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State,

( b ) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and

( c ) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.

(3) The Council may, by notice in writing given to a relevant person who has made an application under subsection (1) , request the person to give the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application. ]

36N.

F68 [ Provisions supplementary to sections 36L and 36M .

36N . ... ]

Annotations:

Amendments:

F68

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C26

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F68 [ 36N. (1) To the extent of enabling an adapter to practise medicine in the State for his or her adaptation period but no further, every reference in the State to a medical practitioner or a registered medical practitioner contained in any enactment (other than this Act) or any statutory instrument (other than a statutory instrument under this Act) or any other document shall, unless the context otherwise requires, be construed as including a reference to the adapter.

(2) Subject to subsection (3) , where an adapter has completed his or her adaptation period to the satisfaction of the Council, the Council shall grant the adapter a certificate of adaptation.

(3) The Council shall not grant a certificate of adaptation to an adapter unless the Council is of the opinion that the adapter has, during his or her adaptation period, satisfactorily completed the training in medical practice to which such adaptation period relates.

(4) Without prejudice to the generality of section 56B , the Council may remove an adapter’s registration (that is, by deleting his or her name from the register) if—

( a ) the adapter makes an application to the Council to have the registration removed,

( b ) the adapter is not, or is no longer, practising medicine as an adapter, or

( c ) the Council is of the opinion that the adapter has not, during his or her adaptation period, satisfactorily completed the training in medical practice (under the supervision and responsibility of a registered medical practitioner) to which such adaptation period relates. ]

36O.

F69 [ Conditions attached to registration.

36O . ... ]

Annotations:

Amendments:

F69

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C27

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F69 [ 36O. (1) A relevant person making an application for registration shall declare in the application—

( a ) whether the person has a relevant medical disability, and

( b ) whether any material matter has occurred in relation to the person.

(2) Where the Council is satisfied that—

( a ) a relevant person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

( b ) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter,

the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

(3) Where the relevant person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council shall, if the person is registered, at the same time as such registration comply with section 36L(6) in respect of the conditions.

(4) Where the relevant person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council may refuse to register that person.

(5) An adapter who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than—

( a ) 30 days after the medical disability becomes a relevant medical disability, or

( b ) where the relevant medical disability renders it impracticable for the adapter to notify the Council within those 30 days, as soon as is practicable in the circumstances.

(6) Where the Council is satisfied, after receiving a notification under subsection (5) , that, in the interest of public safety, the registration of the adapter should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the adapter in those interests, specify the proposed conditions and propose that the adapter accept that those conditions be attached to his or her registration.

(7) Where the adapter the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the adapter’s registration, the Council shall attach those conditions to the registration of the adapter and, at the same time, comply with section 36L(6) in respect of the conditions.

(8) Where the adapter the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Council may, notwithstanding that refusal, attach those conditions to the registration of the adapter and, at the same time, comply with section 36L(6) in respect of the conditions. ]

36P.

F70 [ Appeal to Court against certain decisions of Council.

36P . ... ]

Annotations:

Amendments:

F70

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C28

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F70 [ 36P. (1) In this section, ‘relevant decision’ means a decision of the Council to—

( a ) refuse to register a relevant person under section 36M(2) or 36O(4) ,

( b ) refuse to grant a certificate of adaptation to an adapter, or

( c ) attach conditions to the registration of an adapter pursuant to section 36O(8) .

(2) When the Council makes a relevant decision, it shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2) , appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a person—

( a ) either—

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to—

(I) register the person and with no conditions attached to the registration,

(II) register the person with such conditions attached to the registration as the Court considers appropriate,

(III) remove some or all, or replace some or all, of the conditions attached to the registration of the person,

(IV) require the Council to issue a certificate of adaptation to the person, or

(V) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

and

( b ) give the Council such directions or, in the case at paragraph (a)(ii)(V) , such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4) , give notice in writing to the person concerned of the Council’s compliance with the direction. ]

36Q.

F71 [ Correction of register.

36Q . ... ]

Annotations:

Amendments:

F71

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C29

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F71 [ 36Q. (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires—

( a ) correct all clerical errors in the register,

( b ) remove from the register all entries therein procured by fraud or misrepresentation,

( c ) enter in the register every change which comes to the Council’s knowledge in the addresses of adapters, and

( d ) remove the registration of all adapters whose death has been notified to, or comes to the knowledge of, the Council.

(2) Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the adapter concerned, or the adapter’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.

(3) The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.

(4) Where any particulars entered in the register in respect of an adapter change, the adapter shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.

(5) An adapter shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the adapter's registration not later than 30 days after that matter comes to the knowledge of the adapter. ]

36R.

F72 [ Publication of register.

36R . ... ]

Annotations:

Amendments:

F72

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

Modifications (not altering text):

C30

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 89, not commenced as of date of revision.

F72 [ 36R. (1) Subject to subsection (2) , the Council shall ensure that the register is published in the prescribed manner.

(2) The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of adapters or other similar details that, in its opinion, should, in the interests of the security of the adapters, be protected from disclosure. ]

PART 6

Registration of Medical Practitioners

37.

Unregistered medical practitioners shall not practise medicine.

F73 [ 37. (1) Subject to sections 38 and 38B , a person (including a medical practitioner) shall not practise medicine unless he or she is—

( a ) a registered medical practitioner,

( b ) an intern, or

( c ) an adapter.

(2) Subject to section 50 , a person shall not advertise his or her services as a medical practitioner unless he or she is a registered medical practitioner. ]

Annotations

Amendments:

F73

Substituted (1.01.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 90, S.I. No. 647 of 2020.

Editorial Notes:

E29

Previous affecting provision: para. (b) amended (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(c), in effect as per reg. 2; section substituted as per F-note above.

38.

Circumstances in which unregistered medical practitioners may practise medicine.

38.— F76 [ A person does not contravene section 37(1) ] if—

( a) F76 [ the person ] is a dentist registered under the Dentists Act 1985 who only practises medicine in the course of, and for the purpose of, the lawful practise of dentistry,

( b) F76 [ the person ] is a person registered under the Nurses Act 1985 who only practises medicine in the course of, and for the purposes of, the lawful practise of nursing or midwifery,

( c) F76 [ the person ] is a registered pharmaceutical chemist or a registered dispensing chemist and druggist, under the Pharmacy Acts 1875 to 1977, who only practises medicine in the course of, and for the purposes of, the lawful practise of pharmacy in accordance with those Acts,

( d) F76 [ the person ] is a person registered under the Health and Social Care Professionals Act 2005 to practise a profession designated under that Act who only practises medicine in the course of, and for the purposes of, the lawful practise of that profession,

F74 [ ( e ) F77 [ ]

( f ) F76 [ the person ] only practices medicine in any combination of any of the circumstances specified in F76 [ paragraphs (a) to ( d ) ] ]

( g) F75 [ ]

Annotations

Amendments:

F74

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(d), in effect as per reg. 2.

F75

Deleted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(d), in effect as per reg. 2.

F76

Substituted (1.01.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 91(a), (b) and (d), S.I. No. 647 of 2020.

F77

Deleted (1.01.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 91(c), S.I. No. 647 of 2020.

Modifications (not altering text):

C31

References construed (29.11.2008) by Pharmacy Act 2007 (20/2007), s. 75(1), S.I. No. 487 of 2008.

Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

75.— (1) Any reference (however expressed) in a prior enactment to a pharmaceutical chemist registered under the Pharmacy Act (Ireland) 1875 or a dispensing chemist and druggist registered under the Pharmacy Act 1951 shall be construed as a reference to a registered pharmacist.

...

Editorial Notes:

E30

Previous affecting provision: para. (e) substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(d), in effect as per reg. 2; deleted as per F-note above.

38A

F78 [ Duty of medical practitioner indemnity

38A. (1) A registered medical practitioner shall ensure that the minimum level of indemnity (if any) applicable to him or her is in place at all times during which the practitioner s registration continues.

(2) A medical practitioner who contravenes subsection (1) shall, not later than 14 working days after the contravention occurs, give notice in writing to the Council of the contravention and particulars of the matters giving rise to the contravention (and whether or not the practitioner has, subsequent to the contravention, ceased to contravene that subsection). ]

Annotations

Amendments:

F78

Inserted (6.11.2017) by Medical Practitioners (Amendment) Act 2017 (10/2017), s. 5, S.I. No. 481 of 2017.

38B

F79 [ Circumstances in which persons may practise medicine.

38B. (1) A person does not contravene section 37(1) if the person practises medicine only in the course of rendering first aid to another person.

(2) Subsection (3) applies to a person who is qualified to practise medicine under the law of a place outside the State and—

( a ) who is in the State for a humanitarian purpose,

( b ) who is a specialist in a medical specialty recognised under section 89(1) and in the State to provide medical treatment for the purpose of teaching or training in relation to that specialty, or

( c ) who is in the State for the purpose of accompanying a sports team participating in a sporting event in the State.

(3) A person to whom this subsection applies does not contravene section 37(1) if the person practises medicine—

( a ) relevant to a purpose referred to in subsection (2)(a) , (b) or (c) , and

( b ) in accordance with a permit issued by the Council to that person and specifying the purpose referred to in subsection (2)(a) , (b) or (c) concerned,

for not more than the period specified in that permit (being a period not exceeding 30 days). ]

Annotations:

Amendments:

F79

Inserted (1.01.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 92, S.I. No. 647 of 2020.

Editorial Notes:

E31

The section heading is taken from the amending section in the absence of one included in the amendment.

39.

Designated titles.

39.— (1) Subject to subsections (2), (3) and (4), the Minister may, after consulting the Council or pursuant to a recommendation of the Council, make regulations to designate for the purposes of this Act any title (including variants thereof and any combination of letters) to be used by any registered medical practitioner, or a class of registered medical practitioners, as specified in the regulations.

(2) The Minister shall not exercise the power under subsection (1) to designate for the purposes of this Act a title unless—

( a) the Minister has given interested persons, organisations and other bodies an opportunity to make representations to the Minister concerning the proposed designation,

( b) subject to subsection (3), the Minister considers that it is appropriate and in the public interest that the title be so designated, and

( c) the regulations made in exercise of that power provide that a person who was, immediately before the commencement of the regulations, lawfully using the title but who, on that commencement, would contravene section 40(2) if the person continued to use the title, may continue to use the title for the period specified in the regulations ( F80 [ being a period reasonable in the circumstances but, in any case, not less than 6 months ]) without contravening that section.

(3) The Minister shall, in considering for the purposes of subsection (2)(b) whether it is appropriate and in the public interest that a specific title be designated for the purposes of this Act, have regard to—

( a) the extent to which any class of medical practitioners has, in the opinion of the Council, a defined scope of practice and applies a distinct and recognised body of knowledge,

( b) the degree of risk to the health, safety or welfare of the public from the incompetent, unethical or impaired practice of any class of medical practitioners, and

( c) any other factor that the Minister considers relevant.

(4) The Minister shall not make regulations under this section unless—

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

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

Annotations

Amendments:

F80

Substituted (9.07.2010) by Health (Miscellaneous Provisions) Act 2010 (18/2010), s.16(a), commenced on enactment.

40.

Use of designated titles.

40.— (1) A registered medical practitioner shall not use a title designated for the purposes of this Act pursuant to regulations made under section 39(1) unless—

( a) the regulations specify that the title may be used by any registered medical practitioner, or

( b) the practitioner falls within the class of registered medical practitioners that the regulations specify may use the title.

(2) Subject to section 39 (2)(c) , a person shall not use a title referred to in subsection (1) unless entitled by virtue of that subsection to use the title.

41.

Offences and penalties.

41.— (1) A person is guilty of an offence if the person—

F81 [ ( a ) contravenes section 37(1) or (2) or 40(2) ]

( b) falsely represents to be a registered medical practitioner, or

( c) being a registered medical practitioner, falsely represents to be registered in a division of the register other than the division in which the person is registered.

(2) A person is guilty of an offence if the person causes or permits another person to make representations about the first-mentioned person that, if made by the first-mentioned person, would be an offence under subsection (1).

(3) A person is guilty of an offence if the person, with intent to deceive, makes with regard to another person any representation that—

( a) the first-mentioned person knows to be false, and

( b) if made by the other person would be an offence by the other person under subsection (1).

(4) A person is guilty of an offence if the person makes or causes to be made any false declaration or misrepresentation for the purpose of obtaining registration.

(5) A person guilty of an offence under this section is liable—

( a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both,

( b) on conviction on indictment—

(i) in the case of a first offence, to a fine not exceeding €130,000 or to imprisonment for a term not exceeding 5 years or both,

(ii) in the case of any subsequent offence, to a fine not exceeding €320,000 or to imprisonment for a term not exceeding 10 years or both.

(6) It shall be a defence in proceedings for an offence under subsection (1)(a) or (2) for the person charged with the offence to prove that the person took all reasonable steps to avoid the commission of the offence.

(7) Where a person is convicted of an offence under this section, the court recording the conviction shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence.

Annotations:

Amendments:

F81

Substituted (1.01.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 93(a), S.I. No. 647 of 2020

F82

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 93(b), not commenced as of date of revision.

Modifications (not altering text):

C32

Prospective affecting provision: subs. (4) substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 93(b), not commenced as of date of revision.

F82 [ (4) A person is guilty of an offence if the person makes or causes to be made—

( a ) any false declaration or misrepresentation for the purpose of obtaining registration (including registration under Part 5A or 5B ), or

( b ) any false declaration under section 54A . ]

42.

Recovery of fees, etc.

42.— (1) Subject to subsection (2), an unregistered medical practitioner shall not be entitled to charge or recover fees or outlays for medical services provided by the practitioner in the course of practising medicine.

(2) Subsection (1) shall not apply to—

( a) medical services provided by an unregistered medical practitioner at a time when the practitioner was a registered medical practitioner, or

( b) medical services provided by an unregistered medical practitioner to the extent that they were provided in any of the circumstances specified in any of paragraphs (a) to (g) of section 38 .

Annotations:

Amendments:

F83

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 94, not commenced as of date of revision.

Modifications (not altering text):

C33

Prospective affecting provision: subs. (2)(b) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 94, not commenced as of date of revision.

( b) medical services provided by an unregistered medical practitioner to the extent that they were provided in any of the circumstances specified in any of paragraphs (a) to (g) of section 38 F83 [ or in section 38B ] .

43.

Register.

43.— (1) The Council shall establish and maintain a register to be known as the register of medical practitioners.

(2) The register shall contain the names of the medical practitioners registered, and the qualifications they are entitled to have registered, under this Act and F84 [ shall consist of 5 divisions ] comprising—

( a) the General Division, which shall include the names of those medical practitioners F85 [ registered in that division pursuant to section 44 or 46 ] and such other identifying particulars of those practitioners as the Council considers appropriate,

( b) the Specialist Division, which shall include the names of those medical practitioners F85 [ registered in that division pursuant to section 44 or 47 ] and such other identifying particulars of those practitioners as the Council considers appropriate,

( c) the Trainee Specialist Division, which shall include the names of those medical practitioners F85 [ registered in that division pursuant to section 44 , 48 or 49 ] and such other identifying particulars of those practitioners F84 [ as the Council considers appropriate, ]

( d) the Visiting EEA Practitioners Division, which shall include the names of those medical practitioners F85 [ registered in that division pursuant to section 44 or 50 ] and such other identifying particulars of those practitioners F84 [ as the Council considers appropriate, and ]

F86 [ ( e ) the Supervised Division, which shall include the names of those medical practitioners registered in that division pursuant to section 50A and such other identifying particulars of those practitioners (including the individually numbered, identifiable post to which each such registration applies) as the Council considers appropriate. ]

(3) The register may be established and maintained in paper or electronic form.

(4) A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

( a) a person named in the certificate—

(i) was a registered medical practitioner,

(ii) was a registered medical practitioner in the General Division, the Specialist Division, F84 [ the Trainee Specialist Division, the Visiting EEA Practitioners Division or the Supervised Division, ] or

(iii) was not a registered medical practitioner,

or

( b) the registration of a medical practitioner named in the certificate—

(i) was suspended, or

(ii) was subject to the relevant conditions specified in the certificate,

shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(5) The Council shall, as soon as is practicable after a medical practitioner has been registered and the appropriate fees paid, give the practitioner a certificate stating—

( a) the practitioner’s name,

( b) the registration number attached to the practitioner’s registration,

( c) the division of the register in which the practitioner’s name has been included, and

( d) such other identifying particulars of the practitioner as the Council considers appropriate.

(6) Where relevant conditions have been attached to the registration of a practitioner, the Council shall enter in the register—

( a) a statement that the practitioner’s registration is subject to conditions, and

( b) particulars of the conditions.

(7) A registered medical practitioner shall, as soon as may be after the practitioner has received the certificate referred to in subsection (5) and if it is practicable to do so, cause the certificate to be displayed—

( a) at the principal place where the practitioner practises medicine, and

( b) at all times during which the practitioner’s registration continues and at no other time.

(8) A registered medical practitioner shall, as soon as may be after the person has received the certificate referred to in subsection (5), cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic format, relating to that practitioner’s practice as a registered medical practitioner.

F87 [ (7A) A registered medical practitioner shall, as soon as may be after the practitioner has received the certificate referred to in subsection (5) and, if it is practicable to do so, cause evidence in the manner specified by rules (if any) made under section 11(2)(va) , of the minimum level of indemnity (if any) applicable to him or her to be displayed

(a) at the principal place where the practitioner practises medicine, and

(b) at all times during which the practitioner s registration continues and at no other time. ]

Annotations

Amendments:

F84

Substituted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 6, S.I. No. 388 of 2011.

F85

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 15, commenced on enactment.

F86

Inserted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 6, S.I. No. 388 of 2011.

F87

Inserted (6.11.2017) by Medical Practitioners (Amendment) Act 2017 (10/2017), s. 6, S.I. No. 481 of 2017.

F88

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 95(a), (b), not commenced as of date of revision.

Modifications (not altering text):

C34

Prospective affecting provision: subss. (2)(c) and (8) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 95, not commenced as of date of revision.

( c) the Trainee Specialist Division, which shall include the names of those medical practitioners F85 [ registered in that division pursuant to F88 [ section 44 or 48 ] ] and such other identifying particulars of those practitioners F84 [ as the Council considers appropriate, ]

...

(8) A registered medical practitioner shall, as soon as may be after the person has received F88 [ his or her certificate of registration ], cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic format, relating to that practitioner’s practice as a registered medical practitioner.

Editorial Notes:

E32

Rules made pursuant to the provisions of section and ss. 11, 44, 46-51 and 56 for the purpose of specifying the particulars of each registered medical practitioner to be contained in the Register of Medical Practitioners (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

44.

Transitional provisions applicable to register.

44.— F89 [ (1) A medical practitioner whose name is, immediately before the register establishment day, entered in the General Register of Medical Practitioners shall, on that day, be deemed to be registered in the register. ]

(2) Without prejudice to the operation of subsection (3), a medical practitioner whose name is entered in the General Register of Medical Practitioners pursuant to—

( a) section 28 (as substituted by section 6 of the Act of 2002) of the Act of 1978, or

( b) section 29 (as amended by section 7 of the Act of 2002) of the Act of 1978,

may, for so long as the practitioner’s name is so entered, only practise medicine pursuant to that registration subject to the same conditions that were applicable to the practise of medicine by that practitioner immediately before F89 [ the repeal of each of those sections by section 3 ] .

(3) Where the Council gives the Minister a notice in writing stating the date on which the Council will be ready to administer the register, the Minister shall publish a notice in Iris Oifigiúil specifying that date as the date on which the register comes into operation.

(4) The Council shall ensure that, on the register establishment day—

( a) subject to paragraphs (c) to (i), the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day is entered in the General Division,

( b) subject to paragraphs (c) to (i), the name of a medical practitioner whose name is entered in the Register of Medical Specialists immediately before that day is entered in the Specialist Division,

( c) the name of a medical practitioner whose name is entered in both the General Register of Medical Practitioners and the Register of Medical Specialists immediately before that day is only entered in the Specialist Division,

( d) the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day pursuant to section 28 (as substituted by section 6 of the Act of 2002) of the Act of 1978 is entered in the Trainee Specialist Division,

( e) the name of a medical practitioner—

(i) whose name is entered in the General Register of Medical Practitioners or the Register of Medical Specialists, or both, immediately before that day, and

(ii) who practises medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training,

is only entered in the Trainee Specialist Division,

( f) the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day pursuant to section 29 (as amended by section 7 of the Act of 2002) of the Act of 1978 is only entered in the Trainee Specialist Division,

( g) subject to subsection (5), where any conditions were, immediately before that day, attached to the registration of any medical practitioner whose name is entered in the General Register of Medical Practitioners or the Register of Medical Specialists immediately before that day, there is entered in the register—

(i) a statement that the practitioner’s registration is subject to conditions, and

(ii) particulars of the conditions,

( h) where immediately before that day and pursuant to Part V of the Act of 1978 the registration of the name of a medical practitioner entered in the General Register of Medical Practitioners or the Register of Medical Specialists immediately before that day had no effect for the duration of a specified period which expires on a date after the register establishment day, there is entered in the register—

(i) a statement that the practitioner’s registration has no effect for the time being, and

(ii) a statement as to the date on which the practitioner’s registration will (barring any further sanctions being imposed under this Act on the practitioner) once again have effect,

and

( i) no medical practitioner is registered in more than one division of the register except that a medical practitioner who is registered in the Specialist Division may also be registered in the Trainee Specialist Division if, and only if, the practitioner is undergoing specialist training in a medical specialty other than the medical specialty in respect of which the practitioner is registered in the Specialist Division.

(5) The Council is not required to comply with subsection (4)(g) in the case of conditions referred to in that subsection attached to the registration of a medical practitioner referred to in that subsection if the Council is satisfied that the division of the register in which the practitioner is registered makes those conditions redundant.

(6) Nothing in this section shall of itself operate to prevent a medical practitioner registered in the Specialist Division from practising medicine as if the practitioner were registered in the General Division.

Annotations

Amendments:

F89

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 16, commenced on enactment.

Editorial Notes:

E33

Rules made pursuant to the provisions of section and ss. 11, 43, 46-51 and 56 for the purpose of specifying the particulars to be contained in the Register of Medical Practitioners (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

44A.

F90 [ Application for recognition of qualification.

44A . ... ]

Annotations:

Amendments:

F90

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 96, not commenced as of date of revision.

Modifications (not altering text):

C35

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 96, not commenced as of date of revision.

F90 [ 44A. (1) A person may make an application to the Council, accompanied by the appropriate fee—

( a ) for the recognition of a qualification, held by that person, as a general qualification, or

( b ) for the recognition of a qualification, held by that person, as a specialist qualification.

(2) The Council shall recognise the qualification, the subject of an application under subsection (1)(a) , as a general qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 44B .

(3) The Council shall recognise the qualification, the subject of an application under subsection (1)(b) , as a specialist qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 44C .

(4) The Council may, by notice in writing given to a person who has made an application under subsection (1) , request that person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application. ]

44B.

F91 [ Requirements to be met for recognition of qualification as general qualification.

44B . ... ]

Annotations:

Amendments:

F91

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 96, not commenced as of date of revision.

Modifications (not altering text):

C36

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 96, not commenced as of date of revision.

F91 [ 44B. (1) Subject to subsection (2) , a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a ‘general qualification’) for the purposes of registering that person in the General Division if the person—

( a ) has an Irish formal qualification,

( b ) has a qualification in medicine from a state other than the State and has passed an examination specified in rules made under section 11 for the purposes of this paragraph, or

( c ) has a qualification in medicine from a state other than the State and is exempted from paragraph (b) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this paragraph, for such exemption.

(2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification in basic medical training recognised—

( a ) in accordance with Regulation 10 or 21 of those Regulations,

( b ) under Regulation 30(1) of those Regulations, or

( c ) under Part 14 of those Regulations,

is a general qualification for the purposes of this Act. ]

44C.

F92 [ Requirements to be met for recognition of qualification as specialist qualification.

44C . ... ]

Annotations:

Amendments:

F92

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 96, not commenced as of date of revision.

Modifications (not altering text):

C37

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 96, not commenced as of date of revision.

F92 [ 44C . (1) Subject to subsection (2) , a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a ‘specialist qualification’) for the purposes of registering that person in the Specialist Division if—

( a ) the person—

(i) has been granted evidence of the satisfactory completion of specialist training undertaken in the State by a body approved under section 89(3)(a)(ii) , or

(ii) has been awarded a qualification in medicine and satisfies the Council that he or she has—

(I) completed a programme of specialist training, and

(II) acquired sufficient experience in specialised medicine,

to a standard that satisfies the Council is adequate for recognition as a specialist qualification,

and

( b ) the specialist training or specialist qualification is in relation to a medical specialty recognised by the Council under section 89(1) .

(2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification as a specialised doctor recognised—

( a ) in accordance with Regulation 10 or 21 of those Regulations,

( b ) under Regulation 30(3) of those Regulations, or

( c ) under Part 14 of those Regulations,

is a specialist qualification for the purposes of this Act. ]

45.

Registration of medical practitioners — general.

F93 [ 45. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in a division of the register other than the Supervised Division.

(2) An application under subsection (1) by a person shall be accompanied by—

( a ) subject to paragraph (b) , evidence, in the manner specified by rules (if any) made under section 11(2)(va) , that the minimum level of indemnity (if any) applicable to that person is in place, or

( b ) if the person does not fall within any class of medical practitioners in so far as a minimum level of indemnity is concerned, evidence of that fact.

(3) Subsection (2) applies, with all necessary modifications, to a renewal or restoration of registration as it applies to a first registration.

(4) The Council shall determine an application under subsection (1) from a person by registering the person in that division of the register (other than the Supervised Division) which is considered by the Council to be appropriate if—

( a ) the Council is satisfied that the person holds a general qualification or specialist qualification,

( b ) either—

(i) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State, or

(ii) the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph (1) of that Regulation,

( c ) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and

( d ) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.

(5) Subject to subsection (6) , the Council shall not register a person in more than one division of the register.

(6) A medical practitioner who is registered in the Specialist Division may also be registered in the Trainee Specialist Division if, and only if, the practitioner is undergoing specialist training in a medical specialty other than the specialty in respect of which the practitioner is registered in the Specialist Division.

(7) Notwithstanding any other provision of this Act, the Council shall not register a person unless the Council is satisfied that the person has provided—

( a ) subject to paragraph (b) , evidence, in the manner specified by rules (if any) made under section 11(2)(va) , that the minimum level of indemnity (if any) applicable to that person is in place, or

( b ) if the person does not fall within any class of medical practitioners in so far as a minimum level of indemnity is concerned, evidence of that fact.

(8) The Council may, by notice in writing given to a person who has made an application under subsection (1) , request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application. ]

Annotations

Amendments:

F93

Substituted (6.11.2020) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 97, S.I. No. 507 of 2020, art. 2(c).

Editorial Notes:

E34

Previous affecting provision: subss. (1A), (1B), (4) inserted (6.11.2017) by Medical Practitioners (Amendment) Act 2017 (10/2017), s. 7(a), S.I. No. 481 of 2017; section substituted as per F-note above.

E35

Previous affecting provision: subss. (4), (5), (6) deleted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(e), in effect as per reg. 2; section substituted as per F-note above.

E36

Previous affecting provision: subss. (2), (7) amended (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 7, S.I. No. 388 of 2011; section substituted as per F-note above.

46.

Medical practitioners to be registered in General Division.

46.— The Council shall register in the General Division a medical practitioner (other than a visiting EEA practitioner)—

( a) who is not able to be registered—

(i) in the Specialist Division pursuant to section 47 , or

(ii) in the Trainee Specialist Division pursuant to section 48 or 49 ,

and

( b) who—

(i) has passed an examination, specified in rules made under section 11 for the purposes of this subparagraph, for the purposes of registration in the General Division,

(ii) is exempted from subparagraph (i) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this subparagraph, for such exemption,

F94 [ (iii) has his or her qualifications as a medical practitioner recognised under the Regulations of 2017, or ]

(iv) subject to rules made under section 11 which apply to this subparagraph, has been granted a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience.

Annotations

Amendments:

F94

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(f), in effect as per reg. 2.

F95

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 98, not commenced as of date of revision.

Modifications (not altering text):

C38

Prospective affecting provision: section substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 98, not commenced as of date of revision.

F95 [ 46 . The Council shall register in the General Division a medical practitioner (other than a visiting EEA practitioner) who meets all the requirements of section 45 that apply to him or her but who is not able to be registered—

( a ) in the Specialist Division pursuant to section 47 , or

( b ) in the Trainee Specialist Division pursuant to section 48 . ]

Editorial Notes:

E37

Rules made under s. 11 for purposes of subs. (b) (22.06.2011) by Medical Council Registration Rules (S.I. No. 417 of 2011), rls. 1 to 3.

E38

Rules made pursuant to the provisions of section and ss. 11, 43-44, 47-51 and 56 for the purpose of specifying the particulars to be contained in the Register of Medical Practitioners (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

E39

Previous affecting provision: rules made under s. 11 for purposes of section (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010); revoked (22.06.2011) by Medical Council Registration Rules (S.I. No. 417 of 2011).

E40

Previous affecting provision: rules made under s. 11 for purposes of section (16.03.2009) by Medical Council Rules Specifying Pre-Registration Examinations and Exemptions VF3 (S.I. No. 480 of 2010); revoked (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010).

E41

Previous affecting provision: rules made under s. 11 for purposes of section (16.03.2009) by Medical Council - Registration Rules 2009 VF2 (S.I. No. 591 of 2009); revoked (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010).

47.

Medical practitioners to be registered in Specialist Division.

47.— (1) The Council shall, in accordance with the relevant criteria specified in rules made under section 11 , register in the Specialist Division the following medical practitioners:

( a) every medical practitioner who has, in the opinion of the Council, completed specialist training in a medical specialty recognised by the Council under section 89(1) ;

( b) every medical practitioner who is granted evidence of satisfactory completion of specialist training by a body approved under section 89(3)(a)(ii) ;

F96 [ ( c ) every medical practitioner who has his or her qualifications as a specialised doctor recognised under the Regulations of 2017; or ]

( d) F97 [ ]

( e) F97 [ ]

( f) any medical practitioner who satisfies the Council that the practitioner has completed a programme of training and has acquired sufficient experience in specialised medicine of a standard considered by the Council to be adequate for the purposes of registration in the Specialist Division.

(2) The Council may, until the 5th anniversary of the commencement of this subsection, grant registration in any particular list of the Specialist Division to any medical practitioner who, being able to be registered in the General Division, satisfies the Council that the practitioner has obtained sufficient training and experience such that the practitioner should be registered as a specialist in that list.

(3) For the purposes of subsection (2), the Council shall, until the 5th anniversary of the commencement of that subsection, work with the bodies approved under section 89 (3)(a) to assist medical practitioners registered in the General Division to achieve the necessary standard for registration in the Specialist Division.

Annotations

Amendments:

F96

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(g)(i), in effect as per reg. 2.

F97

Deleted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(g)(ii), in effect as per reg. 2.

F98

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 99, not commenced as of date of revision.

Modifications (not altering text):

C39

Prospective affecting provision: section substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 99, not commenced as of date of revision.

F98 [ 47 . (1) The Council shall register in the Specialist Division a medical practitioner (other than a visiting EEA practitioner) who meets all the requirements of section 45 that apply to him or her and who holds a specialist qualification.

(2) The Council may, until the 1st anniversary of the commencement of section 99 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020, grant registration in any particular list of the Specialist Division to a medical practitioner who—

( a ) is registered, or is able to be registered, in the General Division,

( b ) on or before 31 December 2008, both met the qualifying criteria for appointment to a medical post in the State as a consultant and occupied such post, and

(c) satisfies the Council that he or she has sufficient competency such that he or she should be registered as a specialist in that list.

(3) For the purposes of subsection (2) , the Council shall, until the 1st anniversary referred to in that subsection, work with the bodies approved under section 89(3)(a) to assist medical practitioners registered in the General Division to achieve the necessary standard for registration in the Specialist Division. ]

C40

Certain references to s. 47(1)(d) and (e) construed (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(2), in effect as per reg. 2.

Amendment of Medical Practitioners Act 2007

95. ...

(2) References in rules 4, 5 and 6 of the Medical Council Registration Rules 2011 (S.I. No. 417 of 2011) to section 47(1)(d) and (e) of the Medical Practitioners Act 2007 shall be construed as references to section 47(1)(c) of that Act.

Editorial Notes:

E42

Rules made under s. 11 for purposes of subs. (1) (22.06.2011) by Medical Council registration Rules (S.I. No. 417 of 2011), rls. 4 to 7.

E43

Rules made pursuant to the provisions of section and ss. 11, 43-44, 46, 48-51 and 56 for the purpose of specifying the particulars to be contained in the Register of Medical Practitioners (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

E44

Previous affecting provision: rules made under s. 11 for purposes of section (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010), rls. 4 to 7; revoked (22.06.2011) by Medical Council Registration Rules (S.I. No. 417 of 2011).

E45

Previous affecting provision: rules made under s. 11 for purposes of section (16.03.2009) by Medical Council - Registration Rules 2009 VF2 (S.I. No. 591 of 2009); revoked (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010).

48.

Medical practitioners to be registered in Trainee Specialist Division.

F99 [ 48. (1) The Council shall register in the Trainee Specialist Division a medical practitioner who meets all the requirements of section 45 that apply to him or her and who—

( a ) holds a general qualification or specialist qualification, and

( b ) practises medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training.

(2) A medical practitioner who is registered in the Trainee Specialist Division but who ceases to practise medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training shall, as soon as is practicable after so ceasing to practise medicine but, in any case, not later than 14 days after so ceasing to practise medicine, give notice in writing to the Council of that fact.

(3) Where—

( a ) the Council receives a notice under subsection (2) from a medical practitioner, or

( b ) a medical practitioner fails to comply with subsection (2) ,

sections 45(5) and 46 shall apply to and in relation to the Council and the practitioner. ]

Annotations

Amendments:

F99

Substituted (6.11.2020) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 100, S.I. No. 507 of 2020, art. 2(d).

Editorial Notes:

E46

Rules made under s. 11 for purposes of subss. (2) to (4) (22.06.2011) by Medical Council registration Rules (S.I. No. 417 of 2011), rls. 8 to 10.

E47

Rules made pursuant to the provisions of section and ss. 11, 43-44, 46-47, 49-51 and 56 for the purpose of specifying the particulars to be contained in the Register of Medical Practitioners (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

E48

Previous affecting provision: deleted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(h)(i), in effect as per reg. 2; section substituted as per F-note above.

E49

Previous affecting provision: substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(h)(ii), in effect as per reg. 2; section substituted as per F-note above.

E50

Previous affecting provision: rules made under s. 11 for purposes of section (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010), rls. 8 to 10; revoked (22.06.2011) by Medical Council Registration Rules (S.I. No. 417 of 2011).

E51

Previous affecting provision: rules made under s. 11 for purposes of section (16.03.2009) by Medical Council Rules Specifying Pre-Registration Examinations and Exemptions VF3 (S.I. No. 480 of 2010); revoked (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010).

E52

Previous affecting provision: rules made under s. 11 for purposes of section (16.03.2009) by Medical Council - Registration Rules 2009 VF2 (S.I. No. 591 of 2009); revoked (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010).

49.

Internship registration in Trainee Specialist Division.

49.— (1) The Council shall register in the Trainee Specialist Division a medical practitioner who has completed a course of study in the State or a Member State resulting in the award of a basic medical qualification and who intends to practise medicine in an individually numbered, identifiable intern post which has been approved by the Council for the purposes of intern training.

(2) Subject to subsection (3), on and after the relevant day, where a medical practitioner has completed a period of internship to the satisfaction of the Council, the Council shall grant the practitioner a certificate of experience.

(3) The Council shall not grant under subsection (2) a certificate of experience to a medical practitioner unless the Council is satisfied that the practitioner has, for the period or periods specified in rules made under section 11 for the purposes of this subsection, been employed as a medical practitioner—

( a) in a hospital, health institution, clinic, general medical practice, or other health service setting, as is specified in rules made under section 11 for the purposes of this subsection, and

( b) such hospital, health institution, clinic, general medical practice, or other health service setting, as the case may be, has been inspected and approved by the Council for acceptable intern training standards.

(4) Notwithstanding F100 [ the repeal of section 28 of the Act of 1978 by section 3 , that section shall ], until the relevant day, and with all necessary modifications, apply to the grant of a certificate of experience under this Act as it applies to the grant of a certificate of experience under the Act of 1978.

(5) Where the Council gives the Minister a notice in writing stating the date on which the Council will be ready to grant certificates of experience, the Minister shall publish a notice in Iris Oifigiúil specifying that date as the date on which the Council shall commence to grant such certificates.

(6) In this section, “relevant day” means the date specified in the notice referred to in subsection (5) published in Iris Oifigiúil as the date on which the Council shall commence to grant certificates of experience.

Annotations

Amendments:

F100

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

F101

Repealed by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 2(3), not commenced as of date of revision.

Modifications (not altering text):

C41

Prospective affecting provision: section repealed by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 2(3), not commenced as of date of revision.

49.— F101 [ ]

Editorial Notes:

E53

Rules made under s. 11 for purposes of subs. (3) (22.06.2011) by Medical Council registration Rules (S.I. No. 417 of 2011), rls. 11 and 12.

E54

Rules made pursuant to the provisions of section and ss. 11, 43-44, 46-48, 50-51 and 56 for the purpose of specifying the particulars to be contained in the Register of Medical Practitioners (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

E55

Previous affecting provision: rules made under s. 11 for purposes of subs. (3) (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010), rls. 11 and 12; revoked (22.06.2011) by Medical Council Registration Rules (S.I. No. 417 of 2011).

E56

Previous affecting provision: rules made under s. 11 for purposes of subs. (3) (16.03.2009) by Medical Council - Registration Rules 2009 VF2 (S.I. No. 591 of 2009); revoked (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010).

50.

Visiting EEA practitioners providing services on temporary and occasional basis.

F102 [ 50. (1) Where a medical practitioner complies with the requirements of Part 4 and Regulation 85 of the Regulations of 2017, F103 [ and has provided evidence, in the manner specified by rules (if any) made under section 11(2)(va) , that the minimum level of indemnity (if any) applicable to that practitioner is in place, the Council shall ]

( a ) temporarily register the practitioner in the Visiting EEA Practitioners Division, and

( b ) enter in the register the particulars contained in the practitioner s declaration made pursuant to Regulation 13 of the Regulations of 2017,

and may revoke such temporary registration in accordance with Regulation 12(6) of the Regulations of 2017.

(2) A visiting EEA practitioner may advertise his or her services as a medical practitioner.

(3) A visiting EEA practitioner shall not practise medicine in the State F103 [ unless he or she has provided evidence in accordance with this section that the minimum level of indemnity (if any) applicable to that practitioner is in place and unless the practice is ] in accordance with a declaration made by the practitioner under Regulation 13 of the Regulations of 2017 or in a case of urgency. ]

Annotations

Amendments:

F102

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(i), in effect as per reg. 2.

F103

Substituted (6.11.2017) by Medical Practitioners (Amendment) Act 2017 (10/2017), s. 8, S.I. No. 481 of 2017.

Editorial Notes:

E57

Rules made pursuant to the provisions of section and ss. 11, 43-44, 46-49, 51 and 56 for the purpose of specifying the particulars to be contained in the Register of Medical Practitioners (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

E58

Previous affecting provisions: rules made under s. 11 for purposes of section (16.03.2009) by Medical Council - Registration Rules 2009 VF2 (S.I. No. 591 of 2009); revoked (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010).

50A

F104 [ Registration of medical practitioners in Supervised Division.

50A . (1) The Council shall register in the Supervised Division a medical practitioner who applies to have his or her name entered in the register where that practitioner meets

( a ) the requirements specified in this Act relating to the registration of medical practitioners in the Supervised Division, and

( b ) the relevant criteria specified in rules made under section 11 relating to the registration of medical practitioners in the Supervised Division.

(2) Subsection (1) does not apply in relation to a medical practitioner who

( a ) meets the requirements specified in this Act, and

( b ) meets the criteria specified in rules made under section 11 ,

to permit that practitioner to be registered in another division of the register.

(3) A medical practitioner may not be registered in the Supervised Division for a period in excess of 2 years in aggregate.

(4) The registration of a medical practitioner in the Supervised Division shall apply to that practitioner only in respect of an individually numbered, identifiable post which has been approved by the Council for the purpose of this section and which post is certified by the Health Service Executive to be a publicly funded post.

(5) The Council shall not approve a post pursuant to subsection (4) unless it is satisfied that adequate arrangements for the supervision of the medical practitioner to whom the application for registration relates in the performance of his or her duties in the post have been established, having regard to the level of experience of the practitioner to whom the application for registration relates, the seniority of the post and the duties to be performed by that practitioner.

(6) A medical practitioner whose name is entered in the Supervised Division may not practise medicine in the State other than

( a ) in the post referred to in subsection (4) in relation to which that practitioner is registered, and

( b ) in accordance with the terms and conditions of employment relating to that post.

(7) The Health Service Executive shall not certify that a post is a publicly funded post unless the remuneration and benefits in respect of the post are funded entirely or to a substantial extent by the Health Service Executive.

(8) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, that person shall cease to be so registered.

(9) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, the employer of that practitioner shall notify the Council of that fact within 5 days of the practitioner ceasing to hold such post. ]

Annotations

Amendments:

F104

Inserted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 8, S.I. No. 388 of 2011.

F105

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 101, not commenced as of date of revision.

Modifications (not altering text):

C42

Prospective affecting provision: section substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 101, not commenced as of date of revision.

F105 [ 50A. (1) A medical practitioner may make an application to the Council, accompanied by the appropriate fee, to be registered in the Supervised Division.

(2) Subject to subsection (10) , the Council shall register a medical practitioner in the Supervised Division who holds a qualification in medicine where that person meets—

( a ) the requirements specified in this Act relating to the registration of medical practitioners in the Supervised Division, and

( b ) the relevant criteria specified in rules made under section 11 relating to the registration of medical practitioners in the Supervised Division.

(3) A medical practitioner may not be registered in the Supervised Division for a period in excess of 2 years in aggregate or, with the approval in writing of the Health Service Executive, in excess of 3 years in aggregate in a particular case.

(4) The registration of a medical practitioner in the Supervised Division shall apply to that medical practitioner only in respect of an individually numbered, identifiable post which has been approved by the Council for the purposes of this section and which post is—

( a ) subject to subsection (7) , certified by the Health Service Executive to be a publicly funded post, or

( b ) funded by a third country which is sponsoring that person.

(5) The Council shall not approve a post pursuant to subsection (4) unless it is satisfied that adequate arrangements for the supervision of the medical practitioner to whom the application for registration relates in the performance of his or her duties in the post have been established, having regard to the level of experience of the practitioner to whom the application for registration relates, the seniority of the post and the duties to be performed by that practitioner.

(6) A medical practitioner whose name is entered in the Supervised Division may not practise medicine in the State other than—

( a ) in the post referred to in subsection (4) in relation to which that practitioner is registered, and

( b ) in accordance with the terms and conditions of employment relating to that post.

(7) The Health Service Executive shall not certify that a post is a publicly funded post unless the remuneration and benefits in respect of the post are funded entirely, or to a substantial extent, by the Health Service Executive.

(8) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, that practitioner shall cease to be so registered.

(9) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, the employer of that medical practitioner shall notify the Council of that fact within 5 days of the practitioner ceasing to hold such post.

(10) Paragraphs (b)(i) , (c) and (d) of section 45(4) shall apply to a medical practitioner who has made an application under subsection (1) as those paragraphs apply to a medical practitioner who has made an application under section 45(1) . ]

Editorial Notes:

E59

Application process and assessments to be undertaken by applicants applying for registration in the Supervised Division of the Register of Medical Practitioners under section specified (17.05.2013) by Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011 (S.I. No. 208 of 2013).

E60

Previous affecting provision: application process and assessments to be undertaken by applicants applying for registration in the Supervised Division of the Register of Medical Practitioners under section specified (18.07.2011) by Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011 (S.I. No. 733 of 2011); superseded (17.05.2013) by Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011 (S.I. No. 208 of 2013).

51.

Registration of additional qualifications.

51.— (1) A registered medical practitioner may make an application, accompanied by the appropriate fee, to the Council to have a qualification acquired by the practitioner and which falls within subsection (2) entered in the register in addition to the practitioner’s qualifications already entered therein.

(2) The Council shall determine the qualifications, not being qualifications required for the purposes of registration, which may be entered in the register as additional qualifications.

(3) Where the Council enters in the register an additional qualification acquired by a medical practitioner, the Council shall, as soon as is practicable thereafter, give the practitioner a certificate stating that the additional qualification has been entered in the register.

Annotations

Editorial Notes:

E61

Rules made pursuant to the provisions of section and ss. 11, 43-44, 46-50 and 56 for the purpose of specifying the particulars to be contained in the Register of Medical Practitioners (28.04.2009) by Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S.I. No. 592 of 2009).

52.

Application to have registration removed, etc.

52.— (1) A registered medical practitioner may make an application to the Council to have the practitioner’s registration removed.

(2) Subject to subsection (3), the Council shall determine an application under subsection (1) from a registered medical practitioner by removing the practitioner’s registration.

(3) Where the Council receives an application under subsection (1) from a registered medical practitioner and—

F106 [ ( a ) the practitioner is the subject of

(i) an application for an inquiry under section 45 of the Act of 1978 which has not been considered or, if appropriate, an inquiry has not been completed under Part V of that Act, or

(ii) a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if appropriate, Parts 8 and 9 , or ]

( b) the practitioner has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

then the Council shall not consider the application until such time as the Council has decided whether or not the practitioner’s registration should be removed (including cancelled) pursuant to another provision of this Act.

(4) A medical practitioner whose registration has been removed pursuant to subsection (2) may make an application, accompanied by the appropriate fee, to the Council to have the practitioner’s registration restored.

(5) The Council shall determine an application under subsection (4) from a medical practitioner by restoring the practitioner’s registration.

F107 [ (5A) Subsections (4) and (5) do not apply to a medical practitioner registered in the Supervised Division. ]

(6) Where the Council is satisfied by medical evidence that a registered medical practitioner is suffering from an illness or condition of a permanent or terminal nature which, due to the nature of the condition, renders it impossible for the practitioner—

( a) to practise medicine in a safe and competent manner, and

( b) to notify the Council of the practitioner’s illness or condition, as the case may be,

then the Council may remove the practitioner’s registration.

Annotations

Amendments:

F106

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 17, commenced on enactment.

F107

Inserted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 9, S.I. No. 388 of 2011.

F108

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 102(a) and (c), not commenced as of date of revision.

F109

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 102(b), not commenced as of date of revision.

Modifications (not altering text):

C43

Prospective affecting provision: subss. (3) and (4) amended and subs. (5) substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 102, not commenced as of date of revision.

52.— ...

(3) Where the Council receives an application under subsection (1) from a registered medical practitioner and—

F106 [ ( a ) the practitioner is the subject of

(i) an application for an inquiry under section 45 of the Act of 1978 which has not been considered or, if appropriate, an inquiry has not been completed under Part V of that Act, or

(ii) a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if appropriate, Parts 8 and 9 , or ]

( b) the practitioner has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

F108 [ the Council may consider such an application if the Council is satisfied that the removal of the practitioner’s registration would not be contrary to the public interest ] .

(4) A medical practitioner whose registration has been removed pursuant to subsection (2) may make an application, accompanied by the appropriate fee, to the Council to have the practitioner’s registration restored F109 [ unless the removal of the registration was effected (whether in whole or in part) on the ground that the removal would not be contrary to the public interest as referred to in subsection (3) ] .

F108 [ (5) The Council shall determine an application under subsection (4) from a medical practitioner by restoring the practitioner’s registration unless the Council has ceased to be satisfied that the practitioner is a fit and proper person to practise medicine in the State. ]

Editorial Notes:

E62

Previous affecting provision: procedure for application by registered medical practitioner for withdrawal from Register prescribed (16.03.2009) by Medical Council - Registration Rules 2009 VF2 (S.I. No. 591 of 2009), rl. A5; revoked (1.01.2011) by Medical Council - Registrations Rules V3 2010 (S.I. No. 688 of 2010).

53.

Conditions attached to first registration.

53.— (1) A medical practitioner making an application for registration shall declare in the application whether the practitioner has any relevant medical disability.

(2) Where the Council is satisfied that—

( a) a medical practitioner making an application for registration has a relevant medical disability, and

( b) in the interests of public safety, registration should only be granted to the practitioner subject to conditions on the practising of medicine by the practitioner which take account of that disability,

the Council shall specify the conditions (in this section referred to as the “proposed conditions”) which, in the opinion of the Council, are necessary to be attached to the registration of the practitioner in those interests.

(3) Where the medical practitioner the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions to the practitioner’s registration, the Council shall register the practitioner and at the same time comply with section 43 (6) in respect of the conditions.

Annotations:

Amendments:

F110

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 103, not commenced as of date of revision.

Modifications (not altering text):

C44

Prospective affecting provision: section substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 103, not commenced as of date of revision.

F110 [ 53. (1) A person making an application for registration shall declare in the application—

( a ) whether the person has any relevant medical disability, and

( b ) whether any material matter has occurred in relation to the person.

(2) Where the Council is satisfied that—

( a ) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

( b ) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter,

the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

(3) Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to his or her registration, the Council shall, if the person is registered, at the same time as such registration comply with section 43(6) in respect of the conditions.

(4) Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to his or her registration, the Council may refuse to register that person.

(5) A registered medical practitioner who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than—

( a ) 30 days after the medical disability becomes a relevant medical disability, or

( b ) where the relevant medical disability renders it impracticable for the practitioner to notify the Council within those 30 days, as soon as is practicable in the circumstances.

(6) Where the Council is satisfied, after receiving a notification under subsection (5) , that, in the interest of public safety, the registration of the medical practitioner should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the medical practitioner in those interests, specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the practitioner in those interests and propose that the medical practitioner accept that those conditions be attached to his or her registration.

(7) Where the medical practitioner the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection, the Council shall attach those conditions to the registration of the practitioner and, at the same time, comply with section 43(6) in respect of the conditions.

(8) Where the medical practitioner the subject of a decision under subsection (6) refuses, in writing, to agree to the attachment of the proposed conditions, or does not respond within 30 days, the Council shall make a complaint under section 57(1)(c) . ]

54.

Refusal of registration, etc., and appeal to Court against Council’s decision.

54.— (1) Nothing in sections 45 to 53 shall operate to prevent the Council from refusing to register or restore the registration of a medical practitioner on the grounds of the unfitness of the practitioner to practise medicine.

(2) Where the Council makes a decision—

( a) under subsection (1) to refuse to register or restore the registration of a medical practitioner,

( b) to register a medical practitioner in a division of the register other than the division specified in the practitioner’s application under section 45 for registration, or

( c) to attach conditions to the registration of a medical practitioner pursuant to section 53 ,

the Council shall forthwith give notice in writing to the practitioner of the decision, the date of the decision and the reasons for the decision.

(3) A medical practitioner the subject of a decision referred to in subsection (2) may, not later than 3 months after the date on which the practitioner was given notice of the decision pursuant to that subsection, appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a medical practitioner—

( a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to register or restore the registration of the practitioner in such division of the register as the Court considers appropriate and with no conditions attached to the registration, or

(II) to register or restore the registration of the practitioner—

(A) in such division of the register as the Court considers appropriate, and

(B) with such conditions attached to that registration as the Court considers appropriate,

and

( b) give the Council such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

Annotations:

Amendments:

F111

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 104, not commenced as of date of revision.

Modifications (not altering text):

C45

Prospective affecting provision: section substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 104, not commenced as of date of revision.

F111 [ 54. (1) In this section, ‘relevant decision’ means a decision of the Council to—

( a ) refuse to recognise a qualification held by a person as a general qualification under section 44A(2) ,

(b ) refuse to recognise a qualification held by a person as a specialist qualification under section 44A(3) ,

( c ) refuse to register a person under section 45(4) , 50A(2) or 53(4) ,

( d ) register a person in a division of the register other than the division specified in the person’s application under section 45(1) for registration, or

( e ) refuse to restore the registration of a medical practitioner under section 52(5) .

(2) When the Council makes a relevant decision, the Council shall forthwith give notice in writing to the person, the subject of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2) , appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a person—

( a ) either—

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to—

(I) recognise a qualification held by the person as a general qualification or a specialist qualification,

(II) register or restore the registration of the person in such division of the register as the Court considers appropriate and with no conditions attached to that registration,

(III) register or restore the registration of the person—

(A) in such division of the register as the Court considers appropriate, and

(B) with such conditions attached to that registration as the Court considers appropriate,

(IV) remove some or all, or replace some or all, of the conditions attached to the registration of the person, or

(V) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

and

( b ) give the Council such directions or, in the case of paragraph (a)(ii)(V) , such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4) , give notice in writing to the person concerned of the Council’s compliance with the direction. ]

54A.

F112 [ Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc.

54A . ... ]

Annotations: