Medical Practitioners Act 2007

105.

Investigation.

105.— (1) The Council shall, at the request of the Minister, or may, of its own initiative or upon a complaint made by a member of the public, investigate any case of an individual—

( a) who, not being a registered medical practitioner, is suspected of practising or having practised medicine in contravention of a provision of this Act, or

( b) who, not being a registered medical practitioner, is suspected of claiming or having claimed to be a registered medical practitioner in contravention of a provision of this Act.

(2) Where the Council has carried out an investigation under subsection (1), the Council shall, if it has reasonable grounds to believe that the individual the subject of the investigation—

( a) is not a registered medical practitioner, and

( b) either—

(i) is practising or has practised medicine in contravention of a provision of this Act, or

(ii) is claiming or has claimed to be a registered medical practitioner,

then the Council shall report the matter forthwith to the Garda Síochána and the Minister and may seek an injunction in the High Court requiring the person to cease the activities the Council reasonably believes to be in contravention of this Act.

Annotations:

Amendments:

F194

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 139(a), (b), (I), (ii), not commenced as of date of revision.

Modifications (not altering text):

C81

Prospective affecting provision: subss. (1) and (2) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 139, not commenced as of date of revision.

105.— (1) F194 [ The chief executive officer shall, at the request of the Minister, or may, of his or her ] own initiative or upon a complaint made by a member of the public, investigate any case of an individual—...

(2) Where the F194 [ chief executive officer has carried out an investigation under subsection (1) , the chief executive officer shall, if he or she ] has reasonable grounds to believe that the individual the subject of the investigation—

( a) is not a registered medical practitioner, and

( b) either—

(i) is practising or has practised medicine in contravention of a provision of this Act, or

(ii) is claiming or has claimed to be a registered medical practitioner,

F194 [ then the chief executive officer ] shall report the matter forthwith to the Garda Síochána and the Minister and may seek an injunction in the High Court requiring the person to cease the activities F194 [ the chief executive officer reasonably ] believes to be in contravention of this Act.