Regulated Professions (Health and Social Care) (Amendment) Act 2020
Amendment of section 84 of Act of 2007
131. Section 84 of the Act of 2007 is amended—
(a) in subsection (1) —
(i) by the substitution of “the Health Service Executive and such other persons as it thinks fit” for “the Minister and the Health Service Executive”, and
(ii) by the substitution of the following paragraphs for paragraph (k):
“(k) the censuring of a registered medical practitioner;
(l) the advisement or admonishment of a registered medical practitioner.”,
(b) in subsection (2) —
(i) by the substitution of “paragraphs (a) to (l)” for “paragraphs (a) to (k)”,
(ii) by the insertion of “if satisfied that it is in the public interest to do so and” after “shall,”, and
(iii) by the deletion of “the Minister and”,
(c) in subsection (3), by the insertion of “(if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so)” after “shall”, and
(d) by the substitution of the following subsections for subsection (4):
“(4) (a) Paragraph (b) applies where—
(i) it comes to the Council’s attention that any measure referred to in subsection (1) has been taken in relation to a registered medical practitioner, and
(ii) the Council has reason to believe that—
(I) the practitioner is registered in another jurisdiction, and
(II) that measure 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 measure and may, and notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 69(1)).
(5) (a) Paragraph (b) applies where—
(i) it comes to the Council’s attention that any measure referred to in subsection (2) has been taken in relation to a registered medical practitioner, and
(ii) the Council has reason to believe that—
(I) the practitioner is registered in another jurisdiction, and
(II) that measure 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, if satisfied that it is in the public interest to do so, give notice in writing to that body of that measure.”.