Health and Social Care Professionals Act 2005

PART 1 Preliminary Matters

1. Short title.

1.—This Act may be cited as the Health and Social Care Professionals Act 2005.

2. Commencement.

2.—(1) This Act comes into operation on the day that the Minister may, by order, appoint.

(2) Different days may be appointed under this section, by one or more than one order, for different purposes or different provisions of this Act.

3. Interpretation.

3.—(1) In this Act, except where the context otherwise requires—

F1[“Act of 1956”means theOpticians Act 1956;]

F1[“afocal goggles”or”afocal sunglasses”means goggles or sunglasses containing lenses with no optical power;]

“bye-law” means a bye-law made by a registration board under section 31;

F6["condition" includes a restriction;]

F1[“contact lenses”includes any device, designed to be worn in contact with the ocular surface, for the correction of vision, for the provision of a decorative or cosmetic effect, for a therapeutic purpose, or for any other reason, and regardless of the optical properties or the absence of optical properties of the device;]

“Council” means the Health and Social Care Professionals Council established under section 6;

“Court” means the High Court;

“designated profession” means a health or social care profession that—

(a) is designated in section 4(1), or

(b) is designated by regulation under section 4(2);

F2["Directive 2005/36/EC" has the meaning assigned to“Directive”in Regulation 3(1) of the Professional Qualifications Regulations;]

“establishment day” means—

(a) in relation to the Council, the day appointed under section 6(3) for its establishment, and

(b) in relation to a registration board, the day appointed under section 26(3) for its establishment;

“fee” means a fee set by the Council from time to time under section 18;

“functions” includes duties and responsibilities;

F6["health or social care", in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession;]

“health or social care profession” has the meaning given by section 4(3);

F6["material matter", in relation to a person (howsoever described), means—

(a) any of the following taken by any regulatory body (whether in or outside the State) in relation to the provision of one or more than one kind of health or social care by the person—

(i) the imposition of conditions on any registration or licence,

(ii) the suspension, withdrawal or removal of any registration or licence, or

(iii) the refusal to grant registration or a licence,

or

(b) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment;]

“Minister” means the Minister for Health and Children;

F1[“new name”, in relation to a registration board referred to insection 26(1), means the most recent name (if any) that the board has been given pursuant to regulations undersection 4;]

F3[“professional qualification”, in relation to registration of a person in a designated profession, means a document, other than a document referred to in the definition of "qualification" in this section, that attests to the person’s having achieved a standard of proficiency in that profession, whether or not that standard was achieved in part through practical experience in that profession;]

F4["Professional Qualifications Regulations" means the European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017);]

F3[“qualification”, in relation to registration of a person in a designated profession, means a document that attests to the person’s having achieved the standard of proficiency required for registration in that profession, and that—

(a) in the case of registration sought underF5[section 38(2)(a)], has been approved by bye-law of the registration board of the profession concerned,

(b) in the case of registration sought undersection 91(1), is listed in the third column ofSchedule 3opposite the profession concerned, or

(c) in the case of registration sought undersection 91(5), has been prescribed by regulations made by the Minister undersection 95;]

F1[“ready-made reading spectacles”means spectacles that have 2 single vision lenses each of which has the same positive spherical power not exceeding 4 dioptres and the purpose of which is to relieve the condition known as presbyopia;]

“register” means a register established and maintained under section 36;

“registrant”, in relation to a designated profession, means an individual whose name is entered in the register of members of that profession;

“registration board” means a board established under section 26 or established by regulation under section 4;

F1[“relevant day”means the day on whichsection 2of the Health (Miscellaneous Provisions) Act 2014 is commenced;]

F1[“relevant medical disability”, in relation to a person seeking registration as a member of a designated profession, or who is a registrant of that profession, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair his or her ability to practise that profession or a particular aspect thereof;]

F6["relevant profession" means any of the following professions:

(a) dentist;

(b) a designated profession;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist;]

F6["restriction" includes a condition;]

“rule” means a rule made by the Council under section 22;

F1[”spectacles”includes—

(a) contact lenses,

(b) pince-nez, and

(c) monocles,

but does not include—

(i) afocal goggles or similar articles,

(ii) afocal sunglasses or similar articles, or

(iii) ready-made reading spectacles;]

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) In this Act “material interest” is to be construed in accordance with section 2(3) of the Ethics in Public Office Act 1995.

(3) Unless the context otherwise requires, any reference in this Act to a register includes a division of the register and “registered” and “registration” are to be construed accordingly.

F6[(3A) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by a registration board of its functions under the Professional Qualifications Regulations as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.]

(4) In this Act—

(a) a reference to a section, Part or Schedule is to a section or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act, unless the context otherwise requires.

4. Designated professions.

4.—(1) For the purposes of this Act, the following health or social care professions are designated:

(a) clinical biochemist;

(b) dietitian;

F7[(ba) dispensing optician;]

(c) medical scientist;

(d) occupational therapist;

F7[(da) optometrist;]

(e) orthoptist;

(f) physiotherapist;

(g) podiatrist;

(h) psychologist;

(i) radiographer;

(j) social care worker;

(k) social worker;

(l) speech and language therapist.

(2) After consulting the Council, the Minister may, by regulation, designate for the purposes of this Act any health or social care profession not already designated under subsection (1), but only if—

(a) the fitness of the members to practise their profession is not regulated by or under another Act of the Oireachtas,

(b) the Minister has given interested persons, organisations and other bodies an opportunity to make representations to him or her concerning the proposed designation,

(c) the Minister considers that it is appropriate and in the public interest that the profession be designated under this Act, and

(d) the steps in subsection (8) have been taken.

(3) A health or social care profession is any profession in which a person exercises skill or judgment relating to any of the following health or social care activities:

(a) the preservation or improvement of the health or wellbeing of others;

(b) the diagnosis, treatment or care of those who are injured, sick, disabled or infirm;

(c) the resolution, through guidance, counselling or otherwise, of personal, social or psychological problems;

(d) the care of those in need of protection, guidance or support.

(4) In considering for the purposes of subsection (2)(c) whether it is appropriate and in the public interest that a health or social care profession be designated under this Act, the Minister shall have regard to the following factors:

(a) the extent to which the profession has a defined scope of practice and applies a distinct body of knowledge;

(b) the extent to which the profession has established itself, including whether there is at least one professional body representing a significant proportion of the profession's practitioners;

(c) the existence of defined routes of entry into the profession and of independently assessed entry qualifications;

(d) the profession's commitment to continuing professional development;

(e) the degree of risk to the health, safety or welfare of the public from incompetent, unethical or impaired practice of the profession;

(f) any other factor that the Minister considers relevant.

F8[(5) Regulations under this section shall, in relation to a profession designated in the regulations, either—

(a) (i) subject tosubsection (5A), include provision for the establishment of a registration board for that profession, and

(ii) specify the name by which the registration board is to be known,

or

(b) specify—

(i) the name (or, if applicable, the new name) of the registration board referred to insection 26(1)that shall be the registration board for that profession, and

(ii) that, in order to take account of the fact referred to insubparagraph (i), from the date on which the first appointment undersection 28A(4)or(5), as the case may be, takes effect, the registration board referred to in that subparagraph—

(I) is to cease to be known by the name (or, if applicable, the new name) it had immediately before that date, and

(II) shall be known by the new name specified for it in the regulations.

(5A) Regulations under this section may establish one registration board for 2 or more professions designated in the regulations.]

(6) Regulations under this section may prescribe a title to be used by registrants of each profession designated by the regulations and, for that purpose, may also prescribe one or more than one variant of the prescribed title.

(7) Regulations under this section may also vary, as the Minister considers necessary or expedient in view of the increase in the number of designated professions F7[(whether effected by virtue of an amendment tosubsection (1)or by regulations under this section)]—

(a) the total number of persons to be appointed as ordinary members of the Council under section 9(3)(b), and

(b) the number of them to be appointed to represent the management of a sector, organisation or body, or to represent an establishment or interest, referred to in any subparagraph of that section.

(8) Regulations may be made under this section only if—

(a) a draft of the proposed regulation has been laid before the Houses of the Oireachtas, and

(b) a resolution approving the draft has been passed by each House.

5. Expenses of administering this Act.

5.—Any expenses incurred by the Minister in administering this Act are, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.

PART 2 Health and Social Care Professionals Council

6. Establishment of Council.

6.—(1) On the establishment day, a body to be known as An Chomhairle um Ghairmithe Sláinte agus Cúraim Shóisialaigh or in the English language as the Health and Social Care Professionals Council is established to perform the functions and exercise the powers assigned to it by this Act.

(2) The Council is a body corporate with perpetual succession and a common seal and it may—

(a) sue and be sued in its corporate name,

(b) acquire, hold and dispose of land or an interest in land, and

(c) acquire, hold and dispose of any other property.

(3) The Minister may, by order, appoint a day as the establishment day of the Council.

(4) Subject to this Act, the Council may regulate its own procedure and the procedure of each registration board.

(5) Schedule 1 applies to the Council.

7. Object of Council.

7.—The Object of the Council is to protect the public by promoting high standards of professional conduct and professional education, training and competence among registrants of the designated professions.

8. Functions and powers of Council.

8.—(1) The Council shall do all things necessary and reasonable to further its object and shall exercise its powers and perform its functions in the public interest.

(2) Without limiting the Council's responsibilities under subsection (1), its functions are to—

(a) oversee and co-ordinate the activities of registration boards,

(b) provide administrative support and secretarial assistance to registration boards and their committees,

(c) receive applications and make decisions under Part 4 concerning the refusal of registration boards to grant or restore registration,

(d) enforce standards of practice for registrants of the designated professions, including the codes of professional conduct and ethics adopted by their registration boards,

(e) establish committees of inquiry into complaints under Part 6 against registrants of the designated professions,

(f) make decisions and give directions under Part 6 relating to the imposition of disciplinary sanctions on registrants of the designated professions,

(g) advise the Minister, either on its own initiative or at the Minister's request, on all matters relating to the Council's functions under this Act,

(h) encourage registration boards to collaborate with each other, where practicable, including in the professional education and training of registrants,

(i) issue assessment guidelines for the purposes of section 91, and

(j) perform any function that may be assigned by the Minister to the Council and that relates to—

(i) the registrants of any designated profession, their education and training and the practice of the profession, or

(ii) the implementation of any directive or regulation of the Council of the European Union concerning the practice of, and persons engaged in, health care or social care.

(3) The Council has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions under this Act.

9. Membership of Council.

9.—(1) The Council is to consist of a chairperson and ordinary members, all of whom are to be appointed by the Minister in accordance with this section.

(2) A registrant is not eligible to be appointed chairperson of the Council.

(3) The following are to be appointed as ordinary members:

(a) for each designated profession, one person F10[(referred to in this Act as a "professional member")] who, subject to subsections (6) and (7)—

(i) is an elected member of the registration board of the designated profession concerned, and

(ii) is nominated by that board for appointment to the Council;

(b) 9 persons of whom—

(i) one is representative of the management of the public health sector, the public social care sector or both sectors,

(ii) one is representative of the management of a voluntary or private sector organisation concerned with health or social care,

(iii) one is representative of third level educational establishments involved in the education and training of persons with respect to the practice of the designated professions and is nominated by the Minister for Education and Science, and

(iv) 6 are representative of the interest of the general public and are appointed with the consent of the Minister for Enterprise, Trade and Employment;

(c) 3 persons who have such qualifications, interests and experience as, in the opinion of the Minister, would be of value to the Council in performing its functions.

(4) Before appointing a chairperson under subsection (1) or an ordinary member under subsection (3)(b)(i) or (ii) or (c) or subsection (6), the Minister shall consult with any organisations that he or she considers appropriate.

(5) Persons appointed to represent the interests of the general public may include members of advocacy groups and users of services provided by the designated professions.

F11[(6) The Minister shall, in the circumstances described insubsection (7), appoint as a professional member for a designated profession, instead of a person who meets the criteria insubsection (3)(a), a person who is engaged—

(a) in the practice of that profession,

(b) in the education or training of persons with respect to the practice of that profession, or

(c) as a member of that profession, in the management of services provided by that profession.

(7) The circumstances in which the Minister shall make an appointment in accordance withsubsection (6)are:

(a) the initial appointment of a professional member to the Council as a result of a health or social care professionF12[being designated insection 4(1)or by regulation undersection 4(2)]; or

(b) an appointment of a professional member to the CouncilF13[to fill a casual vacancy or]when the term of a professional member expires and the registration board of the designated profession in the practice of which those professional members are engaged—

(i) has not been established, or

(ii) has been established but has not conducted an election for members of that registration board in accordance withsection 28(2).]

F14[(8) The Council shall elect a deputy chairperson of the Council from amongst its members in accordance withSchedule 1.]

F15[(9) In this section, "casual vacancy" has the same meaning as it has inSchedule 1.]

10. Allowances for expenses of members.

10.—(1) A member of the Council or of any committee established by the Council under this Act shall be paid, out of funds at the Council's disposal, such allowances for travelling and subsistence expenses incurred in respect of the member's attendance at a meeting of the Council or committee or F17[otherwise] in connection with the affairs of the Council as the Minister, with the consent of the Minister for Finance, may determine.

(2) In addition to any allowances payable under subsection (1), F16[a member of the Council or of any committee established by the Council undersection 51may be paid by the Council, out of funds at its disposal, such remuneration for performing functions under this Act] as may be determined by the Council with the approval of the Minister given with the consent of the Minister for Finance.

11. Chief executive officer.

11.—(1) The Council shall appoint a chief executive officer to—

(a) carry on and manage and control generally the administration and business of the Council and the registration boards,

F18[(b) act as registrar of each registration board,

(ba) perform any other functions that may be delegated by the Council or a registration board, and]

(c) perform any other duties that may be determined by the Council.

(2) The chief executive officer holds office on the conditions (including those relating to remuneration and allowances) that may be determined by the Council with the approval of the Minister given with the consent of the Minister for Finance.

(3) The chief executive officer shall be paid by the Council, out of funds at its disposal, the remuneration and allowances determined under subsection (2).

F19[(4) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this Act may be performed by a member of the staff of the Council designated by the Council.]

12. Staff and consultants.

12.—(1) Subject to subsection (2), the Council may appoint persons to be members of its staff and may determine their duties.

(2) The numbers and grades of staff to be appointed under this section and the conditions (including those relating to remuneration and allowances) of their appointment shall be determined by the Council with the approval of the Minister given with the consent of the Minister for Finance.

(3) Staff appointed under this section shall be paid by the Council, out of funds at its disposal, the remuneration and allowances determined under subsection (2).

(4) Subject to subsection (5), the Council may make and carry out arrangements with any person or body to assist any of the following in performing their functions or exercising their powers under this Act:

(a) the Council;

(b) a committee of the Council;

(c) a registration board;

(d) a committee of a registration board.

(5) The Council's power to make an arrangement to assist a registration board or a committee of a registration board may be exercised only at the request of the registration board concerned.

13. Superannuation.

13.—(1) The Council shall prepare and submit to the Minister one or more than one scheme for granting superannuation benefits to or in respect of such members of its staff (including the chief executive officer) as the Council considers appropriate.

(2) Each superannuation scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) A superannuation scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out in accordance with its terms.

(4) A superannuation scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(5) The Council may not grant, or enter any arrangement for the provision of, any superannuation benefit to or in respect of a member of its staff (including the chief executive officer), except in accordance with a superannuation scheme approved under this section or approved by the Minister with the consent of the Minister for Finance.

(6) Any dispute about the claim of any person to, or the amount of, a superannuation benefit payable in pursuance of a superannuation scheme approved under this section shall be submitted to the Minister who shall refer it to the Minister for Finance for decision.

(7) The Minister shall ensure that a superannuation scheme approved under this section is laid before each House of the Oireachtas as soon as practicable after it is approved.

(8) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which the superannuation scheme is laid before it, annul the scheme.

(9) The annulment of a superannuation scheme under subsection (8) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the scheme before the passing of the resolution.

14. Membership of either House of Oireachtas or European Parliament.

14.—(1) A member of the Council's staff (including the chief executive officer) is immediately seconded from employment by the Council if he or she is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy.

(2) A person seconded from employment under subsection (1) shall not be paid by, or entitled to receive from, the Council any remuneration or allowances in respect of the period of secondment and that period shall not, for the purposes of any superannuation benefit, be counted as service with the Council.

(3) In relation to a person seconded from employment under subsection (1), the period of secondment begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas or of the European Parliament.

(4) A person who is entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament is, while so entitled or such a member, not eligible to be employed in any capacity by the Council.

15. Disclosure of interests by members of Council or committee.

15.—(1) In this section—

“meeting” means a meeting of the Council or of a committee of the Council;

“member” means a member of the Council or of a committee of the Council;

“specified matter” means—

(a) an arrangement to which the Council is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Council or a proposed such contract or other agreement.

(2) Any member present at a meeting where a specified matter arises who, otherwise than in his or her capacity as a member, has a material interest in that matter shall—

(a) at the meeting disclose to the Council or committee the nature of that interest,

(b) withdraw from the meeting for as long as the matter is being discussed or considered,

(c) take no part in any deliberation of the members relating to the matter, and

(d) refrain from voting on any decision relating to the matter.

(3) If a member discloses a material interest under this section—

(a) the disclosure shall be recorded in the minutes of the meeting concerned, and

(b) for as long as the matter to which the disclosure relates is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting.

(4) If at a meeting a question arises as to whether or not a course of conduct, if pursued by a member, would be a failure by the member to comply with subsection (2)—

(a) the chairperson of the meeting may, subject to subsection (5), determine the question,

(b) the chairperson's determination is final, and

(c) the particulars of the determination shall be recorded in the minutes of the meeting.

(5) If the chairperson is the member in respect of whom the question arises, the other members present at the meeting shall choose one of their number to be the chairperson of the meeting for the purposes of subsection (4).

(6) A member who, otherwise than in his or her capacity as a member, has a material interest in a specified matter shall neither influence nor seek to influence any decision to be made by the Council or committee in relation to that matter.

(7) On being satisfied that a member of the Council has failed to comply with subsection (2) or (6), the Minister may remove that member from office.

(8) A member removed from office under this section is not eligible for appointment under this Act.

16. Disclosure of interests by staff.

16.—(1) A member of the Council's staff (including the chief executive officer) who, otherwise than in his or her capacity as such a member, has a material interest in a specified matter as defined in section 15(1) shall—

(a) disclose to the Council the nature of that interest,

(b) take no part in the negotiation of the arrangement, contract or other agreement concerned or in any deliberation by the Council or its employees relating to that matter,

(c) refrain from making any recommendation relating to the matter, and

(d) neither influence nor seek to influence a decision to be made in relation to the matter.

(2) Subsection (1) does not apply to contracts or proposed contracts of employment of the members of the Council's staff with the Council.

(3) If a person fails to comply with this section, the Council may make such alterations to the person's conditions of employment as it considers appropriate or may terminate the person's contract of employment.

17. Expenses of Council.

17.—(1) The Council shall pay the following expenses out of funds at its disposal:

(a) all expenses incurred by the Council, including the expenses of providing administrative support and secretarial assistance to registration boards and their committees;

(b) all expenses incurred by registration boards and their committees as a result of arrangements made under section 12(4).

(2) The Council may allocate in the manner that it may determine the surplus, if any, of funds at its disposal to—

(a) the development of education,

(b) research, or

(c) any other public purpose,

connected with any one or more than one of the designated professions.

18. Power to charge and recover fees.

18.—(1) The Council may charge such fees as may, from time to time, be set by the Council for any or all of the following:

(a) registration under this Act;

(b) retention of registration;

(c) the issue of a certificate of registration to a registrant;

(d) the removal of a name from a register under section 39(1);

(e) the restoration of a name to a register under section 39(2), 40(2) or 73;

F20[(ea) subject tosubsection (1A), the consideration by a registration board of an application undersection 48by an institution for approval of an education and training programme;

(eb) subject tosubsection (1A), the annual retention of an approval undersection 48by a registration board of an institution’s education and training programme;]

(f) any other service that the Council or a registration board may provide.

F20[(1A) The Council shall not exercise its power undersubsection (1)(ea)or(eb)except with the consent of the Minister.]

(2) The Council may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom the fee is payable, any amount due and owing to the Council in respect of a fee charged under this section.

19. Power to borrow.

19.—(1) For the purpose of providing for current or capital expenditure, the Council may borrow money subject to any conditions that may be imposed by, or in accordance with any directions that may be given by, the Minister.

(2) Any money borrowed pursuant to this section and any interest accruing on it may be secured on the Council's revenue, funds or property.

20. Gifts.

20.—The Council may accept gifts of land, money or other property on the trusts and conditions, if any, that may be specified by the donor, provided those trusts and conditions are consistent with the Council's object and functions.

21. Accounts and audit.

21.—(1) The Council shall keep all proper and usual accounts of—

(a) all income received by the Council (including the sources of such income),

(b) all expenditure (including the subject matter of the expenditure) incurred by—

(i) the Council,

(ii) a committee of the Council,

(iii) each registration board, and

(iv) a committee of a registration board,

and

(c) the Council's assets and liabilities.

(2) Not later than 3 months after the end of the financial year to which the accounts relate, the Council shall submit the accounts prepared under this section to the Comptroller and Auditor General for audit.

(3) After the audit, the Council shall present to the Minister the audited accounts together with the Comptroller and Auditor General's report.

(4) The Minister shall ensure that, as soon as possible after the audited accounts and the report are presented to the Minister, copies of them are laid before each House of the Oireachtas.

(5) As soon as possible after the laying of copies before the Houses of the Oireachtas, the Council shall ensure that the audited accounts and the Comptroller and Auditor General's report are printed, published and put on sale.

22. Council’s power to make rules.

22.—(1) The Council may, subject to subsections (3) to (5), make rules providing for—

(a) the establishment, membership, functions and procedures of committees of the Council or a registration board,

(b) the form and manner in which registration boards are to maintain registers,

(c) the details relating to registrants that, in addition to their names, are to be entered in registers,

(d) the division of registers into specified divisions for different categories of registrants,

(e) the manner in which fees are to be paid and the time limits for payment of annual fees for retention of registration,

(f) the receiving and recording of evidence by committees established under Part 6,

(g) the receiving of submissions by committees established under Part 6, and

(h) any other matter relating to the Council's functions under this Act.

(2) Rules under subsection (1)(f) and (g) may, among other things, specify—

(a) the form in which and the means by which evidence or submissions may be received by committees established under Part 6, and

(b) the conditions subject to which evidence or submissions may be received by those committees by means of a live-video link, a video recording, a sound recording or any other mode of transmission.

(3) The Council shall ensure that—

(a) a draft of any rule that it proposes to make is published in such manner as the Council may determine, and

(b) with the draft is published an invitation to members of the public, any organisation and any other body to comment on the draft before a date specified by the Council in the invitation.

(4) After considering any comments received before the date specified in the invitation, the Council may—

(a) make the rule in the form of the draft as published or with such changes as the Council may determine, or

(b) decide not to make the rule.

(5) Subsections (3) and (4) apply also in relation to a proposed amendment or revocation of a rule.

(6) The Council shall ensure that as soon as practicable after a rule is made it—

(a) is published in such manner as the Council may determine, and

(b) is submitted to the Minister for laying before each House of the Oireachtas.

(7) Instead of exercising the power to make rules providing for the establishment, membership, functions and procedures of committees of a registration board, the Council may, by rule and subject to any limits or conditions it considers appropriate, authorise the board to make bye-laws providing for any or all of those matters.

(8) Subsections (4) to (6) of section 95 apply with the necessary modifications to rules submitted to the Minister in accordance with this section as if they were regulations made by the Minister.

23. Committees of Council.

23.—(1) The Council may establish committees of the Council to perform any of its functions or exercise any of its powers under this PartF21[,section 42Bor43] or Part 5 that, in its opinion, may be better or more conveniently performed or exercised by a committee and that are assigned by the Council to a committee.

(2) A committee established under this section is to consist of the chairperson of the committee and such other persons, whether members of the Council or not, as the Council may appoint.

(3) In making appointments under subsection (2) to a committee, the Council shall have regard to the necessity of including as members of the committee an appropriate number of persons representative of the interest of the general public.

(4) A person is eligible to be appointed as chairperson of a committee established under this section only if he or she is a member of the Council.

(5) The acts of a committee established under this section are subject to confirmation by the Council, unless the Council dispenses with the necessity for confirmation.

(6) The Council may regulate the procedure of a committee established under this section but, subject to any such regulation, a committee may regulate its own procedure.

(7) The Council may at any time dissolve a committee established under this section.

24. Removal of members of Council from office.

24.—(1) If the Council does not perform a function assigned to it under this Act, the Minister may, by order, direct the Council—

(a) to perform that function, and

(b) for that purpose, to do any other thing that is ancillary or incidental to the function.

(2) If the Council does not comply with a provision of an order under subsection (1), the Minister may, by order, remove from office any or all of its members.

(3) An order under subsection (2) may contain any provisions that the Minister considers necessary to enable the Council's functions to be performed despite the removal from office of any or all of its members and may, in particular, provide for the appointment of one or more than one person to perform any or all of the Council's functions.

F22[(4) The removal of the members of the Council from office does not revoke or otherwise affect any delegation of the Council’s functions undersection 11.]

25. Annual report of Council.

25.—(1) Not later than 3 months after the end of each financial year, the Council shall submit to the Minister a report of the activities of the Council and of each registration board in the immediately preceding financial year.

(2) The Minister shall ensure that a copy of the report is laid before each House of the Oireachtas as soon as practicable after the submission of the report.

PART 3 Registration Boards

26. Establishment of registration boards.

26.—(1) The following bodies are established, on their respective establishment days, to perform the functions and exercise the powers assigned under this Act to the registration board of a designated profession:

(a) Clinical Biochemists Registration Board;

(b) Dietitians Registration Board;

(c) Medical Scientists Registration Board;

(d) Occupational Therapists Registration Board;

F23[(da) the Optical Registration Board;]

(e) Orthoptists Registration Board;

(f) Physiotherapists Registration Board;

(g) Podiatrists Registration Board;

(h) Psychologists Registration Board;

(i) Radiographers Registration Board;

(j) Social Care Workers Registration Board;

(k) Social Workers Registration Board;

(l) Speech and Language Therapists Registration Board.

F23[(1A) The Optical Registration Board is the registration board of both the designated profession of optometrist and the designated profession of dispensing optician.]

(2) Each registration board (whether established by this section or by regulation under section 4) is a body corporate with perpetual succession and a seal and may sue or be sued in its corporate name.

(3) The Minister may, by order, appoint a day to be the establishment day of a registration board (whether established by this section or by regulation under section 4) and may appoint different days for different registration boards.

(4) Subject to this Act, each registration board may regulate its own procedure, but only to the extent that the Council decides not to do so.

(5) Schedule 2 applies to each registration board.

27. Object, functions and powers of registration boards.

27.—(1) The object of the registration board of a designated profession is to protect the public by fostering high standards of professional conduct and professional education, training and competence among registrants of that profession.

(2) A registration board shall do all things necessary and reasonable to further its object and shall exercise its powers and perform its functions in the public interest.

(3) Without limiting its responsibilities under subsection (2), the functions of the registration board of a designated profession are to—

(a) establish and maintain a register of members of the designated profession F25[(which, in the case of a registration board which is the registration board of 2 or more designated professions, means a register for each of those professions)],

(b) issue certificates of registration under section 41,

(c) give guidance to registrants concerning ethical conduct and give guidance and support to them concerning the practice of the designated profession and continuing professional development,

(d) monitor, in accordance with section 49, the continuing suitability of programmes approved by the board for the education and training of applicants for registration, and

(e) F26[…]

(4) The registration board of a designated profession has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions under this Act and it may, with the Council's approval—

(a) engage in research into education and training relating to the practice of the designated profession, including the formulation of experimental curricula and the evaluation of existing programmes and examination and assessment procedures, and

(b) maintain statistical records and make those records available for research and planning.

F27[(5) Without prejudice to the generality ofsection 11, the registrar of a registration board shall perform any functions that may be delegated by the board.]

27A. F28[Functions of registration boards: approval of qualifications, etc.

27A.—(1) The registration board of a designated profession is designated, as of and from the day on which its register is established undersection 36(1), as the competent authority for the designated profession concerned under Directive 2005/36/EC.

(2) The registration board of a designated profession shall, on and after the day on which its register is established under section 36(1)—

(a) act as the competent authority for the purposes of all matters referred to in Directive 2005/36/EC which relate to the role of a competent authority for the purposes of the recognition of professional qualifications of persons engaged in the designated profession concerned, and

(b) assess, for the purposes ofsection 38(2)(c), the professional qualifications of persons referred to in that section in accordance with the procedures (if any) contained in bye-laws (if any) made undersection 31(1)(e).

(3) A person who was, immediately before the day on which the register of a registration board of a designated profession is established undersection 36(1), the competent authority under Directive 2005/36/EC in relation to the designated profession concerned shall, notwithstandingsubsections (1)and(2)but subject tosubsection (4), continue to be the competent authority in relation to every application under that Directive in relation to that designated profession if, on or before that day—

(a) a decision has not been made on the application concerned, and

(b) the application has not been withdrawn.

(4) The person referred to insubsection (3)shall continue to be the competent authority in relation to each application referred to in that subsection until a final decision is made on any appeal of that decision, but nothing in this section shall be construed as requiring or permitting that person, where the decision concerned is to require the applicant concerned to undertake a compensation measure, to assess that applicant’s completion of that compensation measure.]

F29[(5) Subject tosubsection (6), a person who was, immediately before the day on which the register of a designated profession is established undersection 36(1), the competent authority under Directive 2005/36/EC in relation to the designated profession concerned shall, before the expiration of the number of days after that day that has been prescribed undersection 95for the purposes of this subsection, give the registration board of that profession all the records, being records of such kind and in such format that have been prescribed undersection 95for the purposes of this subsection, that are in the person’s power or control and that the person acquired in the person’s former capacity as such competent authority, that the board requires to perform its functions—

(a) as the competent authority under that Directive for that profession, and

(b) under this Act as the registration board of that profession.

(6) If the person referred to insubsection (5)requires any records referred to in that subsection for the purposes of performing a function undersubsection (3)or(4), the reference insubsection (5)to "after the day" shall be construed to mean, in the case of those records, after that day on which those records are no longer required for those purposes.

(7) Any right of access, under the Freedom of Information Acts 1997 and 2003, to records referred to insubsection (5)that existed immediately before the day on which those records were given to a registration board pursuant to that subsection is not affected by the giving of those records to that board.

(8) For the purposes ofsection 18of theFreedom of Information Act 1997, any act done by the person referred to insubsection (5)before the day on which records referred to in that subsection were given to a registration board pursuant to that subsection is deemed to have been done by that board.]

28. Membership of registration boards.

28.—(1) Subject to F30[subsections (4)to(6)F31[…]andsection 36B(1), the registration board of a designated profession, other than a registration board which is the registration board of 2 or more designated professions,] is to consist of the following members:

(a) 6 persons appointed by the Minister on their election by the registrants of that profession, of whom—

(i) 3 are to be registrants of the designated profession who are engaged in the practice of that profession,

(ii) 2 are to be registrants of the designated profession who are engaged, as members of that profession, in the management of services provided by it, and

(iii) one is to be a registrant of the designated profession who is engaged in the State in the education and training of persons with respect to the practice of the designated profession;

(b) 7 persons appointed by the Minister, of whom—

(i) one is to be representative of the management of the public health sector, the social care sector or both sectors,

(ii) one is to be representative of the management of a voluntary or private sector organisation concerned with health or social care,

(iii) one is to be representative of third level educational establishments in the State involved in the education and training of persons with respect to the practice of the designated profession and is nominated by the Minister for Education and Science, and

(iv) 4 are to be representative of the interest of the general public and are appointed with the consent of the Minister for Enterprise, Trade and Employment.

(2) The election of members under subsection (1)(a) shall be conducted in accordance with the bye-laws of the registration board concerned and before the commencement of the members' terms of office.

(3) Before appointing a member under subsection (1)(b)(i) or (ii) or (4), the Minister may consult with any organisations that he or she considers appropriate.

(4) When the registration board of a designated profession is first constituted, F32[and until the end of the transitional period, within the meaning ofsection 90, in relation to the profession concerned] subsection (1)(a) does not apply and instead the Minister shall appoint 6 persons, of whom—

(a) 3 are to be persons who are engaged in the practice of the designated profession,

(b) 2 are to be persons who are engaged, as members of the designated profession, in the management of services provided by it, and

(c) one is to be a person who is engaged in the State in the education and training of persons with respect to the practice of the designated profession.

(5) If no person qualifies under subsection (1)(a)(ii) or (iii) for election or under subsection (1)(b)(iii) or (4)(b) or (c) for appointment to the registration board concerned—

(a) subsection (1)(a)(ii) or (iii) or subsection (1)(b)(iii) or (4)(b) or (c), as the case may be, does not apply in relation to the board, and

(b) the references in subsections (1)(a) and (4) to 6 persons and in subsection (1)(b) to 7 persons are, in relation to the board, to be read as modified accordingly.

(6) If, for any reason other than the operation of subsection (5), fewer than 6 registrants of a designated profession are elected as members of its registration board under subsection (1)(a), the Minister may appoint as members of the board sufficient registrants of that profession to compensate for the deficiency in the number of elected registrants.

(7) Registrants appointed to a registration board under subsection (6) are, during their term of office, considered to be elected members of the board.

F33[(8)F34[…]]

28A. F35[Membership of registration boards of 2 or more designated professions

28A.—(1) Subject tosubsections (4), (5), (6),F36[(7)and(10)(a)], a registration board that is the registration board of 2 or more designated professions is to consist of the following members:

(a) 6 persons appointed by the Minister on the election of the person concerned by the registrants of that designated profession of which he or she is a member, of whom—

(i) 3 are to be registrants of any of those professions that are prescribed for the purposes of this subparagraph and who are engaged in the practice of any of those professions so prescribed,

(ii) 2 are to be registrants of any of those professions that are prescribed for the purposes of this subparagraph and who are engaged, as members of any of those professions so prescribed, in the management of services provided by any of those professions so prescribed, and

(iii) one is to be a registrant of any of those professions that are prescribed for the purposes of this subparagraph and who is engaged in the State in the education and training of persons with respect to the practice of any of those professions so prescribed;

(b) 7 persons appointed by the Minister, of whom—

(i) one is to be representative of the management of the public health sector, the social care sector or both sectors,

(ii) one is to be representative of the management of a voluntary or private sector organisation concerned with health or social care,

(iii) one is to be representative of third level educational establishments in the State involved in the education and training of persons with respect to the practice of one or more than one of those professions and is nominated by the Minister for Education and Skills, and

(iv) 4 are to be representative of the interest of the general public and are appointed with the consent of the Minister for Jobs, Enterprise and Innovation.

(2) The election of members undersubsection (1)(a)shall be conducted in accordance with the bye-laws of the registration board concerned and before the commencement of the members’terms of office.

(3) Before appointing a member undersubsection (1)(b)(i)or(ii), (4)or(5), the Minister may consult with any organisations that he or she considers appropriate.

(4) Subject tosubsection (10)(b), when the registration board of 2 or more designated professions is first constituted,F37[and until the end of the transitional period (if any) within the meaning ofsection 90, in relation to each of the professions concerned]subsection (1)(a)does not apply and instead the Minister shall appoint 6 persons, of whom—

(a) 3 are to be persons engaged in the practice of any of those professions that are prescribed for the purposes of this paragraph,

(b) 2 are to be persons who are engaged, as members of any of those professions that are prescribed for the purposes of this paragraph, in the management of services provided by any of those professions so prescribed, and

(c) one is to be a person who is engaged in the State in the education and training of persons with respect to the practice of any of those professions that are prescribed for the purposes of this paragraph.

(5) Subject tosubsection (10)(b), when regulations undersection 4, in relation to a designated profession that falls withinparagraph (b)of the definition of "designated profession" insection 3(1), specify the name (or, if applicable, the new name) of a registration board referred to insection 26(1), being a registration board that has already been constituted, that shall be the registration board for that professionF38[and until the end of the transitional period within the meaning ofsection 90, in relation to the profession concerned],subsection (1)(a)does not apply and instead the Minister shall appoint 6 persons, of whom—

(a) 3 are to be persons engaged in the practice of any of those professions that are prescribed for the purposes of this paragraph,

(b) 2 are to be persons who are engaged as members of any of those professions that are prescribed for the purpose of this paragraph, in the management of services provided by any of those professions so prescribed, and

(c) one is to be a person who is engaged in the State in the education and training of persons with respect to the practice of any of those professions that are prescribed for the purposes of this paragraph.

(6) (a) When the Minister appoints 6 persons undersubsection (5)in respect of a registration board referred to in that subsection, the persons who were, immediately before that appointment, members of the board by virtue of—

(i)section 28(1)(a), (4), (5)(in so far as it relates tosection 28(1)(a)(ii)or(iii)) or(6), or

(ii)subsection (1)(a), (4), (5)(in so far as it relates tosubsection (1)(a)(ii)or(iii)) or(6),

shall cease to be members of the board from the date that that appointment takes effect.

(b)Paragraph (a)shall not of itself be construed to prevent any of the persons second-mentioned in that paragraph from being any of the 6 persons the subject of the appointment referred to in that paragraph.

(7) If no person qualifies undersubsection (1)(a)(ii)or(iii)for election or undersubsection (1)(b)(iii), (4)(b)or(c)or(5) (b)or(c)for appointment to the registration board concerned—

(a)subsection (1)(a)(ii)or(iii)orsubsection (1)(b)(iii), (4)(b)or(c)or(5)(b)or(c), as the case may be, does not apply in relation to the board, and

(b) the references insubsections (1)(a), (4)and(5)to 6 persons and insubsection (1) (b)to 7 persons are, in relation to the board, to be read as modified accordingly.

(8) If, for any reason other than the operation ofsubsection (7), fewer than 6 registrants of the designated professions concerned are elected as members of its registration board undersubsection (1)(a), the Minister may appoint as members of the board sufficient registrants of those professions to compensate for the deficiency in the number of elected registrants.

(9) Registrants appointed to a registration board undersubsection (8)are, during their term of office, considered to be elected members of the board.

(10) (a) The number of persons who may be elected by the registrants of a particular designated profession for the purposes ofsubsection (1)(a)shall be as prescribed but, in any case, shall never be less than one.

(b) The number of persons who may be appointed from a particular designated profession for the purposes ofsubsection (4)or(5)shall be as prescribed but, in any case, shall never be less than one.

(11)F39[…]]

29. Allowances for expenses of members.

29.—A member of a registration board or of any committee of a registration board shall be paid, out of funds at the Council's disposal, such allowances for travelling and subsistence expenses incurred in respect of the member's attendance at a meeting of the board or committee or otherwise in connection with the affairs of the board as the Minister, with the consent of the Minister for Finance, may determine.

30. Registrar, deputy registrars and administrative support.

30.—(1) The Chief executive officer of the Council is the registrar of each registration board.

(2) The registrar is responsible for performing on behalf of each registration board its functions under Part 4.

(3) The Council may designate one or more than one member of its staff as deputy registrar.

(4) Any function or power of the registrar that is performed or exercised by a deputy registrar is considered to have been performed or exercised by the registrar.

(5) The Council shall provide such administrative support and secretarial assistance to each registration board and its committees as the Council considers necessary.

31. Registration board’s power to make bye-laws.

31.—(1) With the Council’s approval and in accordance with any guidelines issued under subsection (7), the registration board of a designated profession may, subject to section 32, make bye-laws relating to any or all of the following matters:

(a) the conduct of elections for the appointment of members under section 28 F40[or28A, as appropriate,] to the board;

(b) applications for registration in the register of that profession or for restoration to the register;

(c) qualifications approved for the purposes of section 38(2)(a) as attesting to the standard of proficiency required for registration;

(d) requirements, for the purposes of section 38(1)(d), as to knowledge of the language necessary for practising that profession in the State;

F41[(e) procedures for the assessment of professional qualifications, training, experience, aptitude tests or adaptation periods for the purposes ofsections 38(2)(c),91(1)(c)(i)(II)and91(5)(c)(i)(II);]

(f) the conditions for registration in a division of the register of that profession, but only if division of the register is authorised by any rules or guidelines issued by the Council;

F42[(fa) criteria or conditions, including criteria or conditions as to further education, training or experience, for persons who wish to—

(i) commence the practice of that profession where the person concerned—

(I) holds an approved qualification (within the meaning of section 38), or

F43[(II) was awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that Institute,]

and he or she has not practised the profession, for a period specified in the bye-laws, since obtaining the approved qualification or Bachelor of Science and Diploma concerned, or

(ii) resume the practice of that profession after not having practised the profession for a period specified in the bye-laws,

including criteria or conditions relating to—

(I) the education and training of those persons,

(II) the manner of verifying that those persons possess the relevant competencies, or

(III) any other matter where, in the opinion of the registration board concerned, the specification in bye-laws of criteria or conditions relating to that matter is necessary or desirable for the protection of the public;]

(g) criteria for restoration to the register of that profession F44[other than whereparagraph (fa)applies];

(h) the education, training and continuing professional development of registrants of that profession;

(i) the adoption and revision of a code of professional conduct and ethics;

F44[(ia) the practice of the designated profession, and the period that the registration board considers to be sufficient in the public interest, and that is not less than 500 hours nor more than 4,000 hours, during which that practice is to be engaged in, for persons to be registered undersection 91;]

F40[(ib) if the board is the Optical Registration Board, for the purposes ofsection 81Cor81D;]

(j) any other matter specified by the Council in its guidelines.

F45[(2) A code of professional conduct and ethics adopted by the registration board of a designated profession must specify—

(a) the standards of conduct, performance and ethics expected of registrants of that profession, and

(b) that registrants of that profession act within the limits of their knowledge, skills, competence and experience.]

(3) If authorised by the Council under section 22(7), a registration board may make bye-laws providing for the establishment, membership, functions and procedures of committees of the board.

(4) Bye-laws under subsection (1) may establish categories of registrants and may be different for different categories of registrants.

(5) Where a proposed bye-law under paragraph (c) or (h) of subsection (1) might result in an additional burden being imposed on the Exchequer, the bye-law may be made only if—

(a) after receiving a draft of the proposed bye-law for its approval, the Council refers the draft to the Minister, and

(b) both the Council and the Minister approve the draft.

(6) Subsection (5) applies also in relation to a proposed amendment or revocation of a bye-law under paragraph (c) or (h) of subsection (1).

(7) For the purposes of this section, the Council may issue guidelines applicable to all or any of the registration boards.

32. Publication and other requirements relating to draft and other bye-laws.

32.—(1) A registration board shall ensure that—

(a) a draft of any bye-law that it proposes to make is, before the draft is submitted to the Council for approval, published in such manner as the board may determine, and

(b) with the draft is published an invitation to the public, any organisation and any other body to comment on the draft before a date specified by the board in the invitation.

(2) After considering any comments received before the date specified in the invitation, the registration board may—

(a) subject to subsections (3) to (5), submit to the Council for approval the draft bye-law either in the form in which it was published or with such changes as the board may determine, or

(b) decide not to proceed further with the draft bye-law.

(3) If a draft bye-law that a registration board proposes to submit to the Council under subsection (2)(a) relates to the adoption or revision of a code of professional conduct and ethics, the board shall—

(a) before submitting the draft bye-law to the Council, submit it to the Competition Authority for its opinion as to whether any provision of the draft bye-law would, if the bye-law were made, be likely to result in competition being prevented, restricted or distorted, and

(b) request that the opinion be given in writing to the board before the date specified in the request.

(4) If, before the date specified in the request, the registration board receives from the Competition Authority a written opinion that a provision of the draft bye-law would, if the bye-law were made, be likely to result in competition being prevented, restricted or distorted, the board shall—

(a) take that opinion into account and change the draft bye-law accordingly before submitting it to the Council for approval, or

(b) without making any changes to the draft bye-law, submit it to the Council for approval and supply the Council with a copy of the Authority's opinion together with the board's written reasons for not taking the opinion into account.

(5) Subsections (2) to (4) apply also in relation to a proposed amendment or revocation of a bye-law.

(6) A registration board shall ensure that as soon as practicable after a bye-law of the board is made it—

(a) is published in such manner as the board may determine, and

(b) is submitted to the Minister for laying before each House of the Oireachtas.

(7) Subsections (4) to (6) of section 95 apply with the necessary modifications to bye-laws submitted to the Minister in accordance with this section as if they were regulations made by the Minister.

33. Committees of registration board.

33.—(1) With the Council's approval and subject to any rules under section 22(1) or bye-laws under section 31(3), a registration board may establish committees to perform any of its functions or exercise any of its powers under this Part, Part 4 or Part 5 that, in the board's opinion, may be better or more conveniently performed by a committee and that are assigned by the board to a committee.

(2) A committee established under this section is to consist of the chairperson of the committee and such other persons, whether members of the registration board or not, as the board may appoint.

(3) In making appointments under subsection (2) to a committee, a registration board shall have regard to the necessity of including as members of the committee an appropriate number of persons representative of the interest of the general public.

(4) A person is eligible to be appointed as chairperson of a committee of a registration board only if he or she is a member of that board.

(5) The acts of a committee are subject to confirmation by the registration board, unless, in the case of a committee established under this Part or Part 5, the board dispenses with the necessity for confirmation.

(6) A registration board may regulate the procedure of its committees if authorised to do so under section 22(7), but, subject to any such regulation, a committee may regulate its own procedure.

(7) A registration board may at any time dissolve a committee of the board.

34. Removal of members of registration board from office.

34.—(1) If a registration board does not perform a function assigned to it under this Act, the Minister may, by order, direct the board—

(a) to perform that function, and

(b) to do any other thing that is ancillary or incidental to the function.

(2) If a registration board does not comply with a provision of an order under subsection (1), the Minister may, by order, remove from office any or all of its members.

(3) An order under subsection (2) may contain any provisions that the Minister considers necessary to enable the functions of the registration board concerned to be performed despite the removal from office of any or all of its members and may, in particular, provide for the appointment of one or more than one person to perform any or all of the board's functions.

F46[(4) The removal of the members of a registration board from office does not revoke or otherwise affect any delegation of the board’s functions under this Act.]

35. Annual report of registration board.

35.—(1) Within the period specified under subsection (2), each registration board shall submit to the Council a report of its activities in the immediately preceding financial year.

(2) The Council may specify the period within which a report is to be submitted by a registration board, having regard to the time needed to include the contents of the board's report in the Council's report under section 25 for the same financial year.

PART 4 Registration

36. Establishment and maintenance of registers.

36.—(1) The registration board of each designated profession shall—

(a) as soon as practicable after the board's establishment day, establish a register of members of that profession,

(b) enter in the register the name of every person granted registration by the board under section 38 or 91 F47[, or entitled, by virtue ofsection 79(4) (b), to use a title referred to insection 79(1), (2)or(3),] and any other details relating to that person that are required by the Council under its rules, and

(c) maintain the register in accordance with the rules.

(2) If authorised by any rules made or guidelines issued by the Council, a register may be divided into the divisions specified in those rules or guidelines for different categories of registrants.

36A. F48[Transitional provisions applicable to registers of members of designated professions of optometrist and dispensing optician

36A.—(1) A person who, immediately before the relevant day, was registered in a division of the Register of Optometrists within the meaning of the Act of 1956 shall, on the relevant day, be deemed to be registered in the equivalent division of the register of optometrists, and any conditions that were, immediately before the relevant day, attached to his or her registration in that division of that Register of Optometrists shall, on the relevant day, be deemed to be attached to his or her registration in that equivalent division of the register of optometrists.

(2) A person who, immediately before the relevant day, was registered in a division of the Register of Dispensing Opticians within the meaning of the Act of 1956 shall, on the relevant day, be deemed to be registered in the equivalent division of the register of dispensing opticians, and any conditions that were, immediately before the relevant day, attached to his or her registration in that division of that Register of Dispensing Opticians shall, on the relevant day, be deemed to be attached to his or her registration in that equivalent division of the register of dispensing opticians.]

36B. F49[Transitional provisions applicable to register of radiographers

36B.—...]

37. Application for registration.

37.—(1) A person seeking registration as a member of a designated profession shall apply to the registration board of that profession.

(2) The application must be in the form and contain the information required by the bye-laws of the registration board concerned.

(3) The registration board may—

(a) verify or require the applicant to verify anything contained in the application,

(b) request the applicant to supply to the board, within a reasonable time specified by the board, further information relating to the application, and

(c) require that information requested under paragraph (b) be supplied by means of a statutory declaration.

38. Registration in register of designated profession.

38.—(1) The registration board of a designated profession shall grant registration to any person who—

(a) complies with section 37 and with any requirement imposed on, or request made to, him or her under that section,

(b) F50[subject tosubsections (1A)and(2A)to(2D),] holds an approved qualification in that profession,

(c) satisfies the board that he or she is a fit and proper person F50[(including, subject tosection 40A, physically and mentally a fit and proper person)] to engage in the practice of the profession,

F58[(ca) where the board has made a bye-law undersubparagraph (i)or(ii)ofsection 31(1)(fa)in respect of persons who hold an approved qualification (within the meaning ofsection 38), satisfies the board, if the bye-law applies to him or her, that he or she has met the criteria and fulfilled the conditions specified in that bye-law,]

(d) F51[…] satisfies the board as to his or her knowledge of the language necessary for practising the profession in the State, and

(e) pays the required fee to the Council.

F50[(1A) (a)Paragraph (b)ofsubsection (1)does not apply in the case of a person seeking registration as a member of the designated profession of optometrist if he or she was at any prior time registered in the Register of Optometrists within the meaning of the Act of 1956.

(b)Paragraph (b)ofsubsection (1)does not apply in the case of a person seeking registration as a member of the designated profession of dispensing optician if he or she was at any prior time registered in the Register of Dispensing Opticians within the meaning of the Act of 1956.]

F52[(2)F53[Subject tosubsections (2A)and(2D), a person holds]an approved qualification in a designated profession if—

(a) the person has been awarded a qualification in the State,

(b) the person is a person to whom Directive 2005/36/EC applies and whose professional qualification in that profession is recognised in the State in accordance withF53[that Directive,]

(c) the person is a person other than a person referred to inparagraph (a)or(b), who is eligible to practise that profession in a state other than a state in relation to which Directive 2005/36/EC applies and who—

(i) holds a professional qualification in that profession that the registration board concerned decides is one that attests to a standard of proficiency corresponding to the standard attested to by the relevant qualification referred to inparagraph (a), or

F54[(ii) holds a professional qualification that is one that the registration board concerned decides is not a professional qualification that attests to such a standard of proficiency, but is the subject of a decision of the registration board that he or she successfully completed, in the State, the aptitude test or adaptation period that the registration board has required of the person,]]

F55[(d) the person is a person, other than a person referred to inparagraph (a), (b)or(c), who—

(i) was lawfully engaged in the practice of that profession for a period of not less than 5 years, and

(ii) holds a qualification (being a qualification that has never been, or that has formerly been, a qualification within the meaning ofsection 3(1)) awarded in the State—

(I) listed opposite that profession in the third column ofSchedule 3, or

(II) prescribed undersection 95forF54[that profession, or]]

F56[(e) in the case of a relevant designated profession, the person is a person, other than a person referred to inparagraph (a),(b),(c)or(d), who holds a relevant professional qualification in that profession.]

F57[(2A) Subject tosubsection (2B), a person seeking registration as a member of the designated profession of optometrist shall not be registered as such unless he or she has undergone such courses of training and passed such examinations that, immediately before the relevant day, were specified for the purposes of section 24 of the Act of 1956 in rules made under section 18 of that Act.

(2B) Subject tosubsection (2C),subsection (2A)shall cease to be in operation immediately upon the coming into operation of a bye-law (if any) made by the Optical Registration Board relating to—

(a) the designated profession of optometrist, and

(b) a matter falling withinsection 31(1)(c).

(2C)Subsection (2A)shall not cease to be in operation by virtue ofsubsection (2B)in the case of a person seeking registration as a member of the designated profession of optometrist who has, before the coming into operation of the bye-law referred to insubsection (2B), undergone the courses of training referred to insubsection (2A)and passed the examinations referred to insubsection (2A).

(2D) Subject tosubsection (2E), a person seeking registration as a member of a designated profession (other than the profession of optometrist) in respect of which the registration board of the profession has not yet made a bye-law relating to that profession and on a matter falling withinsection 31(1)(c)(or, if the board has made such bye-law, the bye-law has not yet come into operation) shall not be registered as such unless he or she holds a qualification (not being a qualification within the meaning ofsection 3(1)) awarded in the State that renders that person eligible to be appointed as an employee of the Health Service Executive to perform, as such employee, the functions of a member of that profession.

(2E)Subsection (2D)shall cease to be in operation in relation to a particular designated profession immediately upon the coming into operation of a bye-law (if any) made by the registration board of that profession relating to that profession and on a matter falling withinsection 31(1)(c).]

F58[(2F) The Physiotherapists Registration Board shall grant registration to a person who—

(a) subject tosubsection (2FA), applies on or after the date on which section 6 (b) of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation and not later than 30 June 2022, to the Physiotherapists Registration Board for registration,

(b) meets the requirements ofparagraphs (a),(c),(d)and(e)ofsubsection (1),

(c) where the Physiotherapists Registration Board has made a bye-law undersection 31(1)(fa)in respect of persons who were awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that Institute, satisfies that Board, if the bye-law applies to him or her, that he or she has met the criteria and fulfilled the conditions specified in that bye-law, and

(d) was awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that institute.

(2FA) (a)Paragraph (b)applies to a person who has made an application—

(i) referred to insubsection (2F)(a), as in force before the relevant commencement, on or before 31 December 2019, and

(ii) which has not, before the relevant commencement, been determined by the Physiotherapists Registration Board.

(b) The Physiotherapists Registration Board may, on or after the relevant commencement, determine the application without the person having to make a further application referred to insubsection (2F)(a).

(c)Paragraph (d)applies to a person who has made an application referred to insubsection (2F)(a), as in force before the relevant commencement, on or after 1 January 2020 but before the relevant commencement.

(d) The Physiotherapists Registration Board may not, on or after the relevant commencement, determine that application but without prejudice to the person’s right to make a further application referred to insubsection (2F)(a).

(e) In this subsection, "relevant commencement" means the commencement of section 29(b) of the Regulated Professions (Health and Social Care) (Amendment) Act 2020.]

F56[(2G) A document that purports to be evidence of the recognition referred to in the definition of "relevant professional qualification" shall, for the purposes of this Act and in the absence of evidence to the contrary, be taken to be proof of such recognition.]

(3) A registration board may register a person in more than one division of a register if the person satisfies the conditions specified in the bye-laws for registration in each division.

F52[(4) In this section—

“adaptation period”, in relation to registration of a person in a designated profession, means the practice of that profession, whether or not that practice is accompanied by other training, under the supervision—

(a) subject toparagraph (b), of a registrant in relation to that profession, or

(b) in the case of an adaptation period that takes place during the transitional period, within the meaning ofsection 90, in relation to that profession, of a registrant in relation to that profession or another person who is practising that profession in the State;

“aptitude test”, in relation to registration of a person in a designated profession, means a test (which may include assessment of the knowledge of the professional rules applicable to that profession in the State, and other subjects) to assess the professional knowledge of the person that—

(a) is essential in order for a person to practise the profession in the State, and

(b) in the opinion of the registration board concerned, was not required in order for the person to obtain his or her professional qualification.]

F56["relevant designated profession" means a designated profession listed in the second column ofSchedule 4;

"relevant person", in relation to a relevant designated profession, means the person listed opposite that profession in the third column ofSchedule 4;

"relevant professional qualification", in relation to a relevant designated profession, means a professional qualification that was recognised by the relevant person—

(a) as a professional qualification that attested to a standard of proficiency that rendered the holder thereof eligible for recruitment by the Health Service Executive (or any specified body within the meaning ofsection 56of theHealth Act 2004) in the profession to which that qualification relates, and

(b) in the case of—

(i) the relevant designated profession of dispensing optician or optometrist, either—

(I) before 31 October 2015, or

(II) on or after 31 October 2015 where an assessment for the purposes of such recognition was commenced by the relevant person before that date,

and

(ii) any other relevant designated profession, either—

(I) before the date on which the register for the designated profession was established undersection 36(1), or

(II) on or after the date referred to inclause (I)where an assessment for the purposes of such recognition was commenced by the relevant person before that date.]

39. Removal of names from register at registrants' request and restoration to register.

39.—(1) A registration board may remove the name of a registrant from its register if the registrant—

(a) applies to the board for its removal,

(b) pays the required fee to the Council, and

(c) is not at the time of application the subject of a complaint or inquiry under Part 6.

(2) A registration board shall restore the name of a person to its register if—

(a) the name was removed from the register solely because of an application under subsection (1),

(b) the person applies to the board for restoration to the register and pays to the Council the required fee, and

(c) the person meets the criteria established by bye-law for restoration to the register.

40. Removal of names from register for failure to pay annual fee and restoration to register.

40.—(1) The Council may decide to direct a registration board to remove from its register the name of a registrant who—

(a) has failed to pay within the time required by the rules the annual fee for retention of registration, and

(b) has been notified on more than one occasion by the Council to pay the fee.

(2) A registration board shall restore the name of a person to its register if—

(a) the name was removed from the register solely because of failure to pay the required fee,

(b) within 6 months after the date on which the required fee became due, the person applies to the board for restoration to the register, and

(c) the person pays to the Council both the annual fee for retention of registration and a fee for restoration to the register.

F59[(3)Subsection (4)applies where a registration board has—

(a) removed from its register the name of a registrant pursuant to a direction undersubsection (1), or

(b) restored the name of a person to its register pursuant tosubsection (2).

(4) The Council shall, as soon as practicable after the removal or restoration concerned—

(a) notify the Health Service Executive,

(b) notify the employer of the registrant or person, as the case may be, the subject of the removal or restoration if the employer’s name is known to the Council,

(c) notify such other persons as the Council thinks fit, and

(d) advise the public,

of the removal or restoration (in particular, the name of the registrant or person and the date on which the removal or restoration took effect).]

40A. F60[Conditions attached to registration

40A.—F61[(1) A person making an application for registration as a member of a designated profession shall declare in the application—

(a) whether he or she has a relevant medical disability, and

(b) whether any material matter has occurred in relation to the person.]

(2) Where the registration board concerned is satisfied that—

(a) a person making an application for registration as a member of a designated profession has a relevant medical disabilityF62[or a material matter has occurred in relation to him or her], and

(b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of that profession which take account of that disabilityF62[or material matter],

the board shall specify the conditions (in this section referred to as the "proposed conditions") which, in the opinion of the board, are necessary to be attached to the registration of the person in those interests.

(3) Where the person the subject of a decision undersubsection (2)agrees in writing to the attachment of the proposed conditions to the registration, the registration board concerned shall register the person and at the same time enter in the register concerned—

(a) a statement that the registration is subject to conditions, and

(b) particulars of the conditions.

(4) A registrant who, at the time of registration, did not have a relevant medical disability but develops a relevant medical disability at any time after registration shall notify the registration board concerned of that development—

(a) not later than 30 days after the day on which he or she becomes aware of that development, or

(b) where the relevant medical disability concerned renders it impracticable for the registrant to notify the board within those 30 days, as soon as is practicable in the circumstances.

(5) Where the registration board is satisfied, after receiving a notification undersubsection (4), that in the interests of public safety, the registration of the registrant should become subject to conditions on the practising of the designated profession concerned which take account of the relevant medical disability concerned, the board shall decide that conditions should be attached to the registration of the registrant in those interests, specify those proposed conditions and propose that the registrant accept that those conditions be attached to his or her registration.

(6) Where the registrant the subject of a decision undersubsection (5)agrees in writing to the attachment of the proposed conditions, the registration board shall attach those conditions to the registration of the registrant and at the same time enter in the register concerned—

(a) a statement that the registration is subject to conditions, and

(b) particulars of the conditions.

(7) Where the registrant the subject of a decision undersubsection (5)refuses, in writing, to agree to the attachment of the proposed conditions, or does not respond within 30 days after receiving the decision from the registration board, the board shall make a complaint undersection 52(1)(c).

(8) Nothing in this section shall be construed to prevent the registration board from exercising its power undersubsection (2)for a second or subsequent time in respect of the same person where the board is satisfied (whether on grounds put to it by that person or on other grounds) that a previous decision made by it under that subsection in respect of that person ought to be replaced by a new decision under that subsection.]

41. Certificate of registration and notification of decision.