Medical Practitioners Act 2007

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).