Medical Practitioners Act 2007

76.

Application to Court for confirmation of Council’s decision.

76.— (1) Where a registered medical practitioner does not, within the period allowed under section 75(1) , appeal to the Court against a decision F165 [ under section 71 or 71A ] to impose a sanction (other than a sanction referred to F165 [ in section 71(a) or 71A(a) ] ) on the practitioner, the Council shall, as soon as is practicable after the expiration of that period, make an application to the Court for the confirmation of the decision.

(2) An application under subsection (1) may be made on an ex parte basis.

(3) The Court shall, on the hearing of an application under subsection (1), confirm the decision F165 [ under section 71 or 71A ] the subject of the application unless the Court sees good reason not to do so.

Annotations

Amendments:

F165

Substituted (19.07.2011) by Medical Practitioners (Amendment) Act 2011 (12/2011), s. 19, S.I. No. 388 of 2011.

F166

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 130(a), not commenced as of date of revision.

F167

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 130(b), not commenced as of date of revision.

Modifications (not altering text):

C72

Prospective affecting provision: subss. (1) and (3) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 130, not commenced as of date of revision.

76.— (1) Where a registered medical practitioner does not, within the period allowed under section 75(1) , appeal to the Court against a decision F165 [ under section 71 or 71A ] to impose a sanction F166 [ (other than a sanction referred to in section 71(1)(a) or 71A(1)(a) or arising from measures referred to in section 71(2) or 71A(2) ) ] on the practitioner, the Council shall, as soon as is practicable after the expiration of that period, make an application to the Court for the confirmation of the decision.

(2) An application under subsection (1) may be made on an ex parte basis.

(3) The Court shall, on the hearing of an application under subsection (1), confirm the decision F165 [ under section 71 or 71A ] the subject of the application unless the Court sees good reason not to do so F167 [ and direct how the costs of the application are to be borne ].