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 (F84[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.