Medical Practitioners Act 2007

60

If immediate suspension of registration is necessary to protect public.

60.— (1) The Council may make an ex parte application to the Court for an order to suspend the registration of a registered medical practitioner, whether or not the practitioner is the subject of a complaint, if the Council considers that the suspension is necessary to protect the public until steps or further steps are taken under this Part and, if applicable, Parts 8 and 9.

F142[(1A) In the case of a medical practitioner whose name was previously registered in the Supervised Division and that practitioner’s name is not registered in any other division of the register, the Council may make an ex parte application to the Court for an order prohibiting that practitioner from applying for registration in any of the divisions of the register.

(1B) The Council shall not make an application under subsection (1A) unless it considers that the prohibition sought is necessary to protect the public until steps or further steps are taken under this Part and, if applicable, Parts 8 and 9.

(1C) An application under subsection (1A) may be made whether or not the practitioner is the subject of a complaint.]

(2) An application under F143[subsection (1) or (1A)] shall be heard otherwise than in public unless the Court considers it appropriate to hear the application in public.

(3) The Court may determine an application under subsection (1) by—

(a) making any order it considers appropriate, including an order directing the Council to suspend the registration of the registered medical practitioner the subject of the application for the period specified in the order, and

(b) giving to the Council any direction that the Court considers appropriate.

F142[(3A) The Court may determine an application under subsection (1A) by—

(a) making any order it considers appropriate, including an order prohibiting the medical practitioner the subject of the application from applying for registration in any division of the register for the period specified in the order, and

(b) giving to the Council any direction that the Court considers appropriate. ]

(4) The Council shall, on complying with a direction of the Court given F143[under subsection (3) or (3A), as the case may be,] give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

Annotations

Amendments:

F142

Inserted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 11, S.I. No. 388 of 2011.

F143

Substituted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 11, S.I. No. 388 of 2011.

F144

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 114, not commenced as of date of revision.

Modifications (not altering text):

C57

Prospective affecting provision: subs. (5) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 114, not commenced as of date of revision.

60.— ...

F144[(5) (a) Paragraph (b) applies where—

(i) a registered medical practitioner becomes the subject of an order under subsection (3)(a) or (3A)(a), and

(ii) the Council has reason to believe that—

(I) the practitioner is registered in another jurisdiction as a medical practitioner or has made an application to be registered as a medical practitioner in another jurisdiction which has not yet been determined, and

(II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

(b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with a copy of that order and copies of other documents relevant to that order.]