Health and Social Care Professionals Act 2005

41.—(1) A registration board shall, as soon as practicable after the date of registration or after the restoration of a person's name to its register, issue to the registrant a certificate of registration stating that his or her name is entered in its register.

(2) A registration board shall, as soon as practicable after refusing to grant registration to a person or refusing to restore a person's name to a register or after complying with a direction of the Council to remove a person's name from a register, notify the person of its decision.

42. Content of notification of decision.

42.—(1) A notification of decision under this Part must include the following information:

(a) the decision;

(b) the date on which it was made;

(c) the reason for the decision.

(2) The notification must also include—

(a) if the decision relates to a registration board’s refusal to grant registration or to restore a person’s name to its register, F63[or relates to a decision made by a registration board in the performance of its functions underF64[section 27A(2)(b)]] the time allowed under section 43 for applying to the Council for F65[cancellation of the decision,]

(b) if the decision relates to the Council’s confirmation of a decision referred to in paragraph (a), the time allowed under section 44 for bringing an appeal to the Court for F66[cancellation of the decision, or]

F67[(c) if the decision is a decision referred to insection 42B(2A), information concerning the right to apply to the Council for a direction under that paragraph.]

42A. F68[Performance of functions under section 27A.

42A.—(1) (a) A registration board shall acknowledge receipt in writing of an application by a person for the assessment of his or her professional qualifications underF69[section 27A(2)(b)]not later than on the expiry of the one month period that begins when the application is submitted, and include in that acknowledgement—

(i) a statement as to whether all documents required for that assessment have been submitted, or

(ii) a list of one or more than one further document required to be submitted before the assessment may be undertaken.

(b) If one or more than one further document is submitted in compliance withparagraph (a)(ii)(or otherwise), the registration board shall acknowledge receipt in writing of that further document or those further documents not later than on the expiry of the one month period that begins with that submission, andsubparagraphs (i)and(ii)ofparagraph (a)shall apply to acknowledgements under this paragraph, with all necessary modifications.

(2) The registration board shall, not later than on the expiry of the 4 month period that begins when the application (and, if applicable, the further document or documents referred to insubsection (1)(b)) is acknowledged, notify the applicant in writing of its decision in relation to the assessment.]

42B. F70[Right to apply to Council in relation to performance of functions under section 27A.

42B.—(1) A person may apply to the Council for the cancellation of a decision made by a registration board in the performance of its functions underF71[section 27A(2)(b)]where that decision was a decision—

(a)F72[…]

(b) that a professional qualification is not one that attests to the standard of proficiency required undersection 38(2)(c)(i), or

(c) that there has not been successful completion, in the State, of an aptitude test or adaptation period undersection 38(2)(c)(ii).

(2) A person may apply to the Council for a direction by the Council to a registration board—

(a) to acknowledge receipt of an application made by the personF73[for the assessment of his or her professional qualifications undersection 27A(2)(b)], within such period as the Council may specify, where—

(i) the board has not acknowledged receipt of that application before the expiry of the period within which it was required to do so undersection 42A(1), and

(ii) if applicable, the board has not acknowledged receipt of the further document or documents referred to insection 42A(1)(b)before the expiry of the period within which it was required to do so under that section,

or

(b) to notify the person of a decisionF74[in relation to assessment of his or her professional qualifications undersection 27A(2)(b)], within such period as the Council may specify, where the board has not notified that person of that decision before the expiry of the period within which it was required to do so undersection 42A(2).

F75[(2A) A person may apply to the Council for a direction by the Council to a registration board where the registration board—

(a) decides to grant, or not to grant, an applicant partial access to a profession underRegulation 10of the Professional Qualifications Regulations,

(b) decides to revoke temporary registration or pro forma membership underRegulation 12(6)of the Professional Qualifications Regulations,

(c) decides to require an applicant to undergo compensation measures underRegulation 22of the Professional Qualifications Regulations,

(d) decides not to recognise the professional qualifications of an applicant underParts 5to14of the Professional Qualifications Regulations,

(e) fails to acknowledge the receipt of an application for recognition of professional qualifications within the period provided for inRegulation 67(2)of the Professional Qualifications Regulations,

(f) fails to make a decision on an application for recognition of professional qualifications within the period provided for inRegulation 67(3)of the Professional Qualifications Regulations, or any extended period underRegulation 67(4)of those Regulations,

(g) decides not to issue a European Professional Card underRegulation 76of the Professional Qualifications Regulations,

(h) fails to make a decision on an application for a European Professional Card underRegulation 76of the Professional Qualifications Regulations within the period provided for in paragraph(2)of that Regulation,

(i) fails to verify the authenticity of the validity of the supporting documents in the IMI file for a European Professional Card within the period provided for inRegulation 78(2)of the Professional Qualifications Regulations,

(j) fails to transmit an application for a European Professional Card in accordance withRegulation 78(4)of the Professional Qualifications Regulations,

(k) decides not to issue a European Professional Card underRegulation 79of the Professional Qualifications Regulations,

(l) fails to make a decision on an application for European Professional Card under Regulation 79 of the Professional Qualifications Regulations within the applicable time period provided for in paragraph(2),(3)or(8)of that Regulation,

(m) decides to revoke a document underRegulation 81of the Professional Qualifications Regulations,

(n) decides to reverse a decision underRegulation 82of the Professional Qualifications Regulations,

(o) decides to carry out language controls pursuant toRegulation 85of the Professional Qualifications Regulations, or

(p) decides to send an alert underRegulation 87of the Professional Qualifications Regulations.]

(3) The application must be made—

F76[(a) if the application is an application undersubsection (1)or(2A)—

(i) within 30 days after the person receives notification of the decision from the registration board,

(ii) within 30 days after the expiry of the period concerned, or

(iii) in the case of an application undersubsection (2A)(j), within 30 days after verification of the authenticity and validity of the supporting documents in accordance withRegulation 78(2),

as appropriate, or]

(b) if the application is an application undersubsection (2), within 30 days after the expiry of the period concerned.

(4) On hearing the application or on receipt of appropriate submissions, the Council may—

(a) if the application is an application undersubsection (1)F77[or(2A)]—

(i) if satisfied that the registration board’s decision was properly made, confirm that decision,F78[…]

(ii) if not so satisfied, cancel that decision and do one of the following:

(I) direct the registration board to recognise the professional qualifications of the person;

(II) direct the registration board to make a new decision;F79[or]

(III) give such other directions to the registration board as the Council considers appropriate,F77[or]

F80[(iii) in any other case, give such directions to the registration board as the Council considers appropriate,]

or

(b) if the application is an application undersubsection (2)—

(i) if satisfied that the registration board did acknowledge receipt of the application (and, if applicable, the document or documents referred to insection 42A(1)(b)) before the expiry of the period within which it was required to do so undersection 42A(1), refuse to direct the registration board to acknowledge receipt of the application (and any such document or documents),

(ii) if satisfied that the registration board did make the decision and notify the applicant of that decision, before the expiry of the period within which it was required to do so undersection 42A(2), refuse to direct the registration board to make the decision and notify the applicant of that decision,

(iii) direct the registration board to acknowledge receipt of the application (and any such documents) or to make the decision and notify the applicant of that decision, as the case may be, within such period as the Council specifies,

(iv) give such other directions to the registration board as the Council considers appropriate.

(5) As soon as practicable after making a decision under this section, the Council shall notify the applicant of the decision.

(6)F81[…]]

43. Right to apply to Council for cancellation of decision refusing to grant or restore registration.

43.—(1) A person may apply to the Council for cancellation of a decision made by a registration board refusing to grant the person registration or refusing to restore the person's name to its register.

(2) The application must be made within 30 days after the person receives notification of the decision from the registration board.

(3) On hearing the application or on receipt of appropriate submissions, the Council may—

(a) if satisfied that the registration board's decision was properly made, confirm that decision, or

(b) if not so satisfied, cancel that decision and do one of the following:

(i) direct the registration board to grant registration to the applicant or to restore the applicant's name to the register, as the case may be;

(ii) direct the registration board to make a new decision;

(iii) give such other directions to the registration board as the Council considers appropriate.

(4) As soon as practicable after making a decision under this section, the Council shall notify the applicant of the decision.

44. Appeal to High Court from Council’s decision under section 43.

44.—F82[(1) A person may appeal to the Court against a decision made by the Council undersection 42B(4)(a)(i), 42B(4)(b)(i) or (ii), or43(3)(a).]

(2) The appeal must be brought within 30 days after the person receives notification of the decision from the Council.

(3) In an appeal under this section, the Court may consider any evidence adduced or argument made, whether or not adduced or made to the Council.

(4) On the hearing of the appeal, the Court may make any order or give any direction it considers appropriate, including an order—

(a) confirming the decision under appeal, or

(b) modifying or overturning that decision.

F83[(5) A decision of the Court on an appeal against a direction made by the Council on an application undersection 42B(2A)shall be final and conclusive.]

44A. F84[Declarations by registrants in relation to certain matters in State or other jurisdictions, etc.

44A.—(1) Subject tosubsections (2)to(4), a registrant shall, in each year, give to the registration board of the designated profession concerned a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.

(2) If, in any year,subsection (1)does not apply to a registrant because there are no particulars referred to in that subsection which he or she is required to give to the registration board of the designated profession concerned, the registrant shall give to the board a declaration in writing to that effect.

(3) If, in any year subsequent to a year in which a registrant gave particulars referred to insubsection (1)to the registration board of the designated profession concerned, there has been no material change in the matter to which the particulars relate, the registrant may, instead of again giving those particulars to the board, give to the board a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.

(4) A registrant shall, in each year, comply withsubsection (1),(2)or(3)—

(a) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee set by the Council undersection 18(1)(b), and

(b) not later than the last day of that 6 weeks.

(5) A registrant shall, not later than 3 months after the final determination of any relevant proceedings, give to the registration board of the designated profession concerned—

(a) a declaration in writing providing particulars of the sanctions (if any) imposed on the registrant in consequence of those proceedings, or

(b) if no such sanctions were so imposed, a declaration in writing to that effect.

(6) The registration board of the designated profession concerned may, by notice in writing given to a registrant who has made a declaration under this section, require the registrant to provide to the board, within a reasonable period specified in the notice, further information concerning any particulars provided to the board in the declaration.

(7) (a) A registrant shall comply with a notice undersubsection (6)given to the registrant.

(b) Where the registration board of the designated profession concerned considers that a registrant has contravenedparagraph (a), the board shall forthwith make a complaint undersection 52(1)(f).

(8) In this section—

"final determination", in relation to any relevant proceedings and a registrant, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the registrant, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

"relevant proceedings", in relation to a registrant, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the registrant is the subject—

(a) in the State or another jurisdiction which may directly or indirectly result in the registrant—

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

(b) in another jurisdiction which may result in the registrant being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

(c) in the State which may result in the registrant being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

45. Updating of registrant information and correction of errors.

45.—(1) A registrant shall, as soon as practicable, notify the registration board concerned of—

(a) any errors in the register of which the registrant is aware and that relate to his or her registration,

(b) any change in the name or address of the registrant or any change of employer,

(c) any grant to the registrant by a body (other than the board) in or outside the State of a licence, certificate or registration relating to the practice of a profession,

(d) any change in the status of such licence, certificate or registration (including the attachment of conditions to it),

(e) any matter F85[(including any material matter)] likely to affect the registrant's entitlement to such licence, certificate or registration, and

(f) any matter F85[(including any material matter)] likely to affect the registrant's entitlement to be registered under this Act.

(2) A registration board shall take the steps it considers necessary to ensure the accuracy of the information in its register.

(3) A registration board shall, for the purpose of keeping its register correct—

(a) correct all typographical errors in the register,

(b) remove from the register the names of persons convicted under section 80(4) of the offence of making or causing to be made a false declaration or misrepresentation for the purpose of obtaining registration under this Act,

(c) enter in the register every change that comes to its attention in respect of the information in the register relating to registrants, and

(d) remove from the register the name of any registrant whose death has been notified to, or otherwise come to the attention of, the board.

(4) As soon as practicable after taking any action under subsection (3), a registration board shall notify the person concerned or his or her next of kin, as the case may be, of the action and the reason it was taken.

45A. F86[Council may request certain information concerning registrant from certain bodies in State or other jurisdictions.

45A.—(1) Where a registrant provides, or has provided, one or more than one kind of health or social care in the State or another jurisdiction, the Council or a registration board may make a request in writing, accompanied by the relevant statement, to the body, duly authorised in the State or that jurisdiction, as appropriate, to regulate persons who provide that kind of health or social care in the State or that jurisdiction, to provide the Council or registration board, as appropriate, with any information relevant to either or both of the following:

(a) any material matter that has occurred in the State or that jurisdiction in relation to the registrant;

(b) the registrant’s qualifications, or registration (or equivalent thereof in that jurisdiction), as a person who provides that kind of health or social care.

(2) Insubsection (1)—

"registrant" includes a person who has made an application undersection 37for registration which has not yet been determined by the registration board concerned;

"relevant statement", in relation to a request undersubsection (1), means a statement to the effect that any information provided to the Council or registration board, pursuant to that request, by the body to which the request is made may be used in any proceedings under this Act concerning the registrant the subject of the request.]

46. Access to, and publication of, registers.

46.—(1) Subject to subsection (2), a registration board shall—

(a) make its register available for inspection by members of the public at all reasonable times, and

(b) publish, by electronic and not less than one other means, its register at intervals of not more than 12 months from the date of the establishment of the register or the last publication of the register.

(2) A registration board need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of registrants or other similar details that, in its opinion, should, in the interests of the security of registrants, be protected from disclosure.

47. Evidence relating to registration, etc.

47.—(1) In any legal proceedings, a certificate signed by the registrar stating that a person—

(a) is registered in a specified register or in a specified division of a specified register,

(b) is not registered in a specified register or in a specified division of a specified register,

(c) was at a specified date or during a specified period registered in a specified register or in a specified division of a specified register,

(d) was not, at a specified date or during a specified period, registered in a specified register or in any register or in a specified division of a specified register, or

(e) has never been registered under this Act,

is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

(2) In any legal proceedings, a printed document that appears to be a copy of, or extract from, a register published under section 46 and that is certified by the registrar to be a true copy of or extract from that register is, in the absence of evidence to the contrary, proof of the matters stated in the document.

(3) A certificate or document referred to in subsection (1) or (2) that appears to be signed by the registrar is admissible in any legal proceedings as evidence of the matters stated in the certificate or document, as the case may be, without proof of the registrar's signature.

PART 5 Education and Training

48. Approval of education and training programmes.

48.—(1) On application by an institution for approval of an education and training programme, a registration board may—

F87[(a) subject to the payment of the fee (if any) set undersection 18(1)(eb), approve that programme annually if it is satisfied that it is suitable for the education and training of candidates for registration in its register, or]

(b) refuse to approve the programme if not so satisfied.

(2) For the purposes of subsection (1), a registration board may issue guidelines concerning the requirements for its approval of education and training programmes.

(3) On making a decision concerning an application by an institution under subsection (1), the registration board shall, by written notice, inform the institution of—

(a) the decision,

(b) the date on which it was made, and

(c) if the board refuses to approve the education and training programme, the reason for the decision.

(4) If a registration board (whether as a result of carrying out its duty under section 49 or for any other reason) is of the opinion that an education and training programme approved by it may no longer be suitable for the education and training of candidates for registration, the board shall—

(a) inform the institution concerned of the opinion and the reason, and

(b) give that institution an opportunity to make, within 30 days after the date of being so informed, representations to the board as to why the approval should not be withdrawn.

(5) If, after considering the representations, if any, made by such institution within the time allowed under subsection (4) and after consulting with the Council, the registration board decides to withdraw its approval of the education and training programme, it shall, by written notice, inform the institution of—

(a) the decision and the date on which it was made,

(b) the date, not less than 3 months after the date of the notice, on which the decision will become effective, and

(c) the reason for the decision.

(6) If a registration board refuses to approve an education and training programme or informs an institution of its decision to withdraw such approval, the institution concerned may request the Minister to direct the board to grant or continue the approval.

(7) The request to the Minister must be made within 30 days after the institution is informed under this section of the registration board's decision to refuse approval of the education and training programme or to withdraw such approval.

(8) If, after consulting the Minister for Education and Science, the Minister is satisfied as to the suitability of the education and training programme, he or she may direct the board to grant or continue the approval.

(9) If, after consulting the Minister for Education and Science, the Minister is not satisfied as to the suitability of the education and training programme, he or she may confirm the registration board's decision.

(10) A registration board shall comply with a direction given by the Minister under subsection (8).

49. Monitoring of continuing suitability of education and training programmes.

49.—(1) A registration board shall, as occasion may require but in any event not less than once in every 5 years, satisfy itself as to—

(a) the suitability of the education, training, assessment and examination provided by any education and training programme approved by the board, and

(b) the clinical training and experience provided in any education and training programme approved by the board.

(2) After complying with subsection (1), a registration board shall make appropriate recommendations to the Minister and the Minister for Education and Science.

PART 6 Complaints, Inquiries and Discipline

50. Definitions (Part 6).

50.—In this Part—

“allegation” means an allegation concerning a matter that constitutes a ground for complaint under section 52(1);

“committee of inquiry” means a health committee or a professional conduct committee;

“complaint” means a complaint made under section 52;

“disciplinary sanction” means a sanction specified in any paragraph of F88[section 66(1)];

“health committee” means a committee established under section 51(1)(c);

“poor professional performance”, in relation to a registrant of a designated profession, means any failure of the registrant to meet the standards of competence that may reasonably be expected of registrants practising that profession;

“preliminary proceedings committee” means a committee established under section 51(1)(a);

“professional conduct committee” means a committee established under section 51(1)(b);

“professional misconduct”, in relation to a registrant of a designated profession, means any act, omission or pattern of conduct of the registrant that—

(a) is a breach of the code of professional conduct and ethics adopted by the registration board of that profession, or

(b) if the registrant has been granted by a body outside the State a licence, certificate or registration relating to the practice of that profession, is a breach of a standard of conduct, performance or ethics that applies to a person holding that licence, certificate or registration and that corresponds to a standard contained in the code referred to in paragraph (a).

51. Disciplinary committees.

51.—(1) The Council shall establish the following committees to perform functions and exercise powers under this Part:

(a) a preliminary proceedings committee;

(b) a professional conduct committee;

(c) a health committee.

(2) Each committee is to consist of the chairperson and such other members of the committee as are appointed by the Council in accordance with this section.

F89[(3) None of the following persons is eligible to be appointed as the chairperson or an ordinary member of a committee established under this section:

(a) the chairperson of the Council;

(b) the chairperson of a registration board;

(c) the deputy chairperson of the Council.]

(4) A majority of the members of each committee shall be registrants of the designated professions. At least one third of the members of each committee shall be persons other than registrants, at least one of whom shall be representative of the interest of the general public.

(5) For each case that comes before a committee, the majority referred to in subsection (4) shall include—

(a) at least one member who is a registrant of the same designated profession as the registrant to whom the case relates, and

(b) at least one member who is a registrant of another designated profession.

(6) Persons who are not members of the Council or of a registration board may be appointed to a committee under this section.

(7) A person is not eligible to be, at any one time, a member of more than one of the committees established under this section.

(8) The Council shall appoint a registered medical practitioner with relevant expertise to advise a health committee in relation to each complaint referred to the committee.

(9) The registered medical practitioner is to be present at the meetings of the health committee, but is not entitled to vote.

(10) The members of a committee established under this section have, in performing their functions and exercising their powers, the same protection and immunity as a judge of the Court performing the functions and exercising the powers of a judge.

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

(12) In this section, “registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act 1978.

52. Complaints about conduct or competence of registrants.

52.—(1) A complaint may be made to the Council concerning a registrant on the grounds of—

(a) professional misconduct,

(b) poor professional performance,

F90[(c) a relevant medical disability,]

(d) a failure to comply with a term or condition of registration imposed under F91[this Act],

(e) a failure to comply with an undertaking or to take any action specified in a consent given in response to a request under section 61,

F92[(ea) the imposition on the registrant of—

(i) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or

(ii) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

(f) a contravention of this Act, the rules or bye-laws, or

(g) a conviction in the State for an offence triable on indictment 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.

(2) A complaint may be made under subsection (1) on the grounds of professional misconduct or poor professional performance even though the matter to which the complaint relates occurred outside the State.

F93[(2A) (a) The chief executive officer (whether in his or her capacity as such or in his or her capacity as the registrar of a registration board) may, in relation to a complaint heard, being heard or to be heard by a committee of inquiry, whenever he or she considers it necessary to do so, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the registrant the subject of the complaint that the committee may reasonably require for the performance of its functions.

(b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018, comply with a request underparagraph (a)as soon as is practicable after receiving the request.

(c) The chief executive officer (whether in his or her capacity as such or in his or her capacity as the registrar of a registration board) may, whenever he or she considers it necessary to do so, request in writing that the registrar or clerk of a court which has convicted a registrant of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the chief executive officer or Council (including any committee thereof), or both, may reasonably require for the performance of his or her or its functions under this Act in relation to that registrant.

(d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request.

(e) In this subsection, "criminal record", in relation to a registrant, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) of the registrant for offences (if any).]

(3) The complaint must be in writing or in any other form acceptable to the Council and it may be made by or on behalf of any person or by a registration board.

(4) The Council shall make reasonable efforts to ensure that the complainant is kept informed of all decisions made under this Part by the Council or a committee in relation to a complaint and that complaints are processed in a timely manner.

53. Referral of complaints to preliminary proceedings committee.

53.—(1) F96[Subject tosubsection (1A), as soon] as practicable after receiving a complaint, the Council shall refer the complaint to a preliminary proceedings committee for its opinion on whether there is sufficient cause to warrant further action being taken in relation to the complaint.

F97[(1A) Where a complaint is made on a ground specified insection 52(1) (g), the Council shall consider it and—

(a) if it is of the opinion that—

(i) the nature of the offence or the circumstances in which it was committed ought to disqualify the registrant from practising the designated profession concerned, and

(ii) it is in the public interest that it take action immediately under this paragraph,

the Council shall give a direction undersection 66(1)to the registration board concerned to cancel the registration of the registrant, and

(b) in any other case, the Council shall comply withsubsection (1)in respect of the complaint and direct the preliminary proceedings committee to deal with the complaint as if the Council had not considered it under this subsection.

(1B) Nothing insubsection (1A)shall be construed to—

(a) prejudice the generality ofsection 60, or

(b)F98[…]]

(2) The preliminary proceedings committee may, by written notice, do one or more of the following:

(a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;

(b) request the complainant to supply to the committee, within a reasonable time specified in the notice, more information relating to the matter raised by the complaint;

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

(3) The preliminary proceedings committee shall notify the registrant of the complaint, its nature and the name of the complainant.

(4) The registrant may supply to the preliminary proceedings committee any information that he or she believes should be considered by the committee or a committee of inquiry.

(5) If requested by the preliminary proceedings committee to supply any information relating to the complaint, the registrant shall supply the information within such reasonable time as may be specified by that committee.

F99[(5A)Subsections (1)(c)and(2)(in so far as the last-mentioned subsection relates to the production of records) ofsection 59shall apply to and in relation to the preliminary proceedings committee and the chairperson of that committee as those subsections apply to and in relation to a committee of inquiry and the chairperson of the committee of inquiry and the other provisions ofsection 59(includingsubsections (5)to(7)) shall, with all necessary modifications, be construed accordingly.]

(6) Before forming an opinion on whether there is sufficient cause to warrant further action being taken in relation to the complaint, the preliminary proceedings committee shall consider—

(a) any information supplied under this section concerning the complaint, and

(b) whether the matter is trivial or vexatious or the complaint is without substance or made in bad faith.

53A. F100[Persons to assist preliminary proceedings committee

53A.—(1) The Council—

(a) may appoint persons (including any members of the staff of the Council other than the chief executive officer) to assist the preliminary proceedings committee, and

(b) shall determine the conditions of appointment of persons so appointed.

(2) Subject tosubsection (4), the chairperson of the preliminary proceedings committee shall specify the functions to be performed by the persons appointed undersubsection (1).

(3) Without prejudice to the generality ofsubsection (2), the functions specified under that subsection may include one or more than one of the following:

(a) interviewing persons for the purposes of assessing the relevance or evidential value of information or documents they wish to give to the preliminary proceedings committee;

(b) interviewing persons as to the evidence they propose to give to the preliminary proceedings committee;

(c) recording, in writing or otherwise, the statements given and answers made by persons whilst being so interviewed;

(d) reporting to the preliminary proceedings committee on the results of those interviews;

(e) requesting persons to provide the preliminary proceedings committee with statements in writing concerning any matter relevant to the committee’s functions, examining statements given in response to the requests and reporting to the preliminary proceedings committee on the results of the examinations;

(f) providing the preliminary proceedings committee with any other advice or assistance required in relation to the preparation of its reports.

(4) A person appointed undersubsection (1)shall not administer oaths but may, if authorised by the preliminary proceedings committee to do so, request a person interviewed as described insubsection (3)to sign a record of a statement made or answer given by the person during the interview.

(5) A person appointed undersubsection (1)who makes a request referred to insubsection (4)shall inform the person to whom the request is made of the power undersection 59of a committee of inquiry to give a direction in relation to the statement or answer the subject of the request.

(6) The Council shall provide each person appointed undersubsection (1)with a warrant—

(a) identifying the person, and

(b) specifying the functions that the person has the authority to perform by virtue ofsubsection (2)and, if applicable,subsections (4)and(5).

(7) Where a person appointed undersubsection (1)performs a function specified in that person’s warrant provided undersubsection (6), the person shall produce the warrant for inspection at the request of a person in respect of whom the function is performed.]

54. If, in opinion of preliminary proceedings committee, complaint does not warrant further action.

54.—(1) If the preliminary proceedings committee is of the opinion that there is not sufficient cause to warrant further action being taken in relation to a complaint, it shall inform the Council of that opinion.

(2) After being informed of the opinion and considering the matter, the Council may—

(a) decide that no further action is to be taken in relation to the complaint, or

(b) if it considers it necessary to do so, direct that further action be taken under section 56.

(3) On deciding under subsection (2)(a) that no further action is to be taken in relation to a complaint, the Council shall so inform—

(a) the registrant who is the subject of the complaint, and

(b) the registration board concerned.

55. Resolution of complaints by mediation or other informal means.

55.—(1) The Council may develop guidelines for resolving complaints by mediation or other informal means.

(2) The guidelines may include provision for any or all of the following:

(a) a determination to be made about whether a complaint can be resolved by mediation or other informal means or whether it warrants the holding of an inquiry;

(b) the persons who may attempt to mediate or otherwise resolve the complaint;

(c) the recording of the manner in which the complaint was resolved and of the agreement of the complainant and the registrant to the resolution;

(d) the steps to be taken (including notice to the complainant, the registrant and the preliminary proceedings committee that referred the complaint for resolution by mediation or other informal means) if the complaint cannot, in the opinion of the person attempting to do so, be resolved by mediation or other informal means;

(e) any other matters that the Council considers necessary or appropriate for facilitating the resolution of a complaint by mediation or other informal means.

(3) No attempt may be made to resolve a complaint by mediation or other informal means without the consent of the complainant and the registrant against whom the complaint was made.

(4) A consent given by a registrant for the purpose of this section is not to be taken as an admission of any allegation made by the complainant against the registrant.

(5) No answer or statement made, in the course of attempting to resolve a complaint pursuant to the guidelines, by the complainant or by the registrant may—

(a) be communicated to any person other than the persons participating in the attempt to resolve the complaint, or

(b) be used in any disciplinary, civil or criminal proceedings.

(6) The Council may revise any guidelines developed under this section or may withdraw those guidelines and develop new guidelines.

56. Referral of complaint to mediation, etc., or to committee of inquiry.

56.—(1) If a preliminary proceedings committee is of the opinion that there is sufficient cause to warrant further action being taken in relation to a complaint or if the Council decides that such action is necessary, the preliminary proceedings committee shall either—

(a) refer the complaint for resolution by mediation or other informal means, but only if it determines in accordance with the guidelines under section 55 that the complaint is one that could be so resolved, or

(b) refer the complaint to whichever of the following committees of inquiry it considers appropriate:

(i) a professional conduct committee;

(ii) a health committee.

(2) On being informed pursuant to the guidelines under section 55 that a complaint referred for resolution by mediation or other informal means cannot be so resolved (whether because of the failure of the parties to consent to any attempt to resolve the complaint or for any other reason), a preliminary proceedings committee shall refer the complaint to a committee of inquiry.

57. Duty to notify registrant of referral to, and hearing by, committee of inquiry.

57.—(1) As soon as practicable after a complaint is referred under section 56(1)(b) or (2) to a committee of inquiry, the registrar shall notify the registrant to whom the complaint relates of the following:

(a) the referral of the complaint to a committee of inquiry and the name of the committee;

(b) the nature of the matter that is to be the subject of the inquiry, including the particulars of any evidence in support of the complaint;

(c) the opportunity of the registrant, or his or her representative, to be present and to defend the registrant at the hearing.

(2) Not later than 30 days before the date of the hearing before the committee of inquiry, the registrar shall notify the registrant of the date, time and place of the hearing.

58. Conduct of hearing.

58.—(1) A committee of inquiry shall, subject to subsection (6) and sections 61 and 62, hear a complaint referred to it under section 56(1)(b) or (2).

(2) A hearing before a professional conduct committee must be held in public, unless—

(a) the registrant or the complainant requests the committee to hold all or part of the hearing otherwise than in public, and

(b) the committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing otherwise than in public.

(3) A hearing before a health committee shall be held otherwise than in public, unless—

(a) the registrant or the complainant requests that all or part of the hearing be held in public, and

(b) the committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing in public.

(4) At the hearing before the committee of inquiry—

(a) the registrar, or any other person with leave of the committee, shall present the evidence in support of the complaint,

(b) the testimony of witnesses attending the hearing shall be given on oath, and

(c) there shall be a full right to cross-examine witnesses and call evidence in defence and reply.

(5) Any member of a committee of inquiry may administer oaths required for the purposes of an inquiry.

(6) A committee to which a complaint is referred under section 56(1)(b) or (2) may transfer the complaint to another committee of inquiry before or after hearing any evidence relating to the complaint, but only if it is satisfied that—

(a) in view of the nature of the complaint, it is appropriate to do so, and

(b) the legal rights of the registrant will not be prejudiced by doing so.

(7) A committee of inquiry to which a complaint is transferred under subsection (6) shall, subject to sections 61 and 62, hear the complaint and, for that purpose—

(a) may receive in evidence a transcript or part of a transcript of evidence taken before the committee that transferred the complaint and draw any conclusions of fact from the evidence that it considers appropriate, or

(b) if satisfied that it is necessary in the interests of fair procedures to do so, may rehear any evidence taken before the committee that transferred the complaint.

59. Powers and protections relating to witnesses and evidence.

59.—(1) For the purposes of an inquiry under this Part, a committee of inquiry has all the powers, rights and privileges that are vested in the Court or a judge of the Court on the occasion of an action and that relate to—

(a) enforcing the attendance of witnesses,

(b) examining witnesses on oath or otherwise, and

(c) compelling the production of records.

(2) A summons issued by the chairperson of a committee of inquiry or by such other member of that committee as may be authorised by it for the purpose of the inquiry may be substituted for and is the equivalent of any formal process capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of records.

(3) Subsection (2) is not to be taken to limit the generality of subsection (1).

(4) Subject to any rules in force under section 22 and to the necessity of observing fair procedures, a committee of inquiry may receive evidence given—

(a) orally before the committee,

(b) by affidavit, or

(c) as otherwise allowed by those rules, including by means of a live-video link, a video recording, a sound recording or any other mode of transmission.

(5) A witness before a committee of inquiry is entitled to the same immunities and privileges as a witness before the Court.

(6) A person is guilty of an offence if he or she—

(a) having been duly summoned to attend before a committee of inquiry fails without reasonable excuse to attend at the time and place indicated on the summons,

(b) while attending as a witness before a committee of inquiry refuses to—

(i) take an oath lawfully required by the committee to be taken,

(ii) produce any record in the person's power or control that he or she is lawfully required by the committee to produce, or

(iii) answer any question that he or she is lawfully required by the committee to answer,

or

(c) while attending before a committee of inquiry does anything that, if the committee were a court of law having power to punish for contempt, would be contempt of court.

F101[(7) A person guilty of an offence under this section is liable on summary conviction to a class A fine.]

(8) If a person fails to comply with a summons to attend before a committee of inquiry or refuses, while attending as a witness before a committee of inquiry, to do any thing referred to in subsection (6)(b) that he or she is lawfully required by the committee to do, the Court, on application by the Council, may—

(a) by order require the person to attend before the committee or to do the thing that he or she refused to do, as the case may be, and

(b) make such interim or interlocutory orders as it considers necessary for that purpose.

(9) Neither an application for an order under subsection (8) nor the making of such order precludes proceedings being brought for an offence under subsection (6)(a) or (b) in relation to a person on whose failure or refusal the application or order was based.

60. If immediate suspension of registration is necessary to protect the public.

60.—(1) F102[The Council may make anex parteapplication to the Court for an order directing a registration board to suspend the registration of a registrant, whether or not the registrant 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.

(2) An application under this section shall be heard otherwise than in public unless the Court considers it appropriate to hear the application in public.]

(3) After hearing the application, the Court may, in relation to the registrant—

(a) make any order it considers appropriate, including an order directing the registration board concerned to suspend his or her registration for a period specified in the order, and

(b) give to the Council or the registration board concerned any direction that the Court considers appropriate.

F103[(4) (a)Paragraph (b)applies where—

(i) a registrant becomes the subject of an order undersubsection (3)(a), and

(ii) the Council has reason to believe that—

(I) the registrant is registered in another jurisdiction in a designated profession or has made an application to be registered in a designated profession 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 Professional Qualifications Regulations, provide that body with a copy of that order and copies of other documents relevant to that order.]

61. If registrant consents to censure or remedial action, etc.

61.—(1) A committee of inquiry may, at any time after a complaint is referred to it, request the registrant concerned to do one or more of the following:

(a) undertake to not repeat the conduct to which the complaint relates;

(b) undertake to take such educational courses, training or other means of improving the registrant's competence to practise as may be specified by the registration board concerned;

(c) consent to undergo medical treatment;

(d) consent to being admonished or censured by the Council.

(2) If a registrant refuses to give an undertaking or consent requested under this section, the committee of inquiry may proceed as if the request had not been made.

62. If complaint is withdrawn.

62.—If a complaint is withdrawn while it is being considered by a preliminary proceedings committee or a committee of inquiry, the committee considering the complaint may, with the Council's agreement—

(a) decide that no further action is to be taken in relation to the matter raised by the complaint, or

(b) proceed as if the complaint had not been withdrawn.

63. Report to Council by committee of inquiry.

63.—(1) On completing an inquiry into a complaint, a committee of inquiry shall make a written report on its findings to the Council.

(2) The report of the committee of inquiry must specify the following:

(a) the nature of the complaint that resulted in the inquiry;

(b) the evidence presented to the committee;

(c) the committee's findings as to whether any allegation made by a complainant against the registrant is substantiated.

(3) In addition to the matters specified under subsection (2), the report of the committee of inquiry may include such other matters relating to the registrant as the committee considers appropriate.

64. Steps to be taken by Council after receiving report.

F104[64.On receiving the report of a committee of inquiry concerning a complaint against a registrant, the Council shall do one of the following:

(a) if the committee finds that no allegation made by the complainant is substantiated, dismiss the complaint;

(b) if the committee finds that any allegation made by the complainant against the registrant is substantiated, perform its functions undersection 66in relation to the complaint as soon as practicable.]

65. Duty of registration board to recommend appropriate disciplinary sanction.

65.—F105[…]

66. Direction by Council to impose disciplinary sanction.

F106[66.—(1) Subject tosection 53(1A), if a committee of inquiry finds that an allegation made by a complainant against a registrant is substantiated, the Council shall, after considering the committee’s report, direct the board to impose on the registrant, as specified in the direction, one or more than one of the following disciplinary sanctions:

(a) an admonishment or a censure;

(b) the attachment of conditions to his or her registration, including restrictions on the practice of the designated profession by the registrant;

(c) the suspension of his or her registration for a specified period;

(d) the cancellation of his or her registration;

(e) a prohibition from applying for a specified period for restoration to the register.

(2) However, the Council may not direct a registration board to cancel the registration of a registrant on the grounds of a conviction for an offence referred to insection 52(1)(g)unless—

(a) in the Council’s opinion, the nature of the offence or the circumstances in which it was committed ought to disqualify the registrant from practising the designated profession, or

(b) a conviction for such offence would render a person ineligible for registration as a registrant of the designated profession.

(3) On giving a direction to a registration board to impose on a registrant a disciplinary sanction referred to insubsection (1)(b),(c)or(e), the Council shall specify in the direction—

(a) in the case of a disciplinary sanction referred to insubsection (1)(b), the nature of the conditions to be attached to his or her registration,

(b) in the case of a disciplinary sanction referred to insubsection (1)(c), the period of suspension of his or her registration, and

(c) in the case of a disciplinary sanction referred to insubsection (1)(e), the period for which he or she is prohibited from applying for restoration to the register.]

67. Duty to notify registrant of Council's directions.

67.—(1) As soon as practicable after directing a registration board under section 66 to impose a disciplinary sanction on a registrant, the Council shall notify the registrant and the complainant of the following:

(a) the nature of the disciplinary sanction that the board has been directed to impose;

(b) the date on which the direction was given;

(c) the reasons for the imposition of the sanction.

F107[(2) If the registration board was directed to impose a disciplinary sanction, the notification undersubsection (1)must also specify—

(a) the time allowed to the registrant for bringing an application to the Court for cancellation of the direction, and

(b) in the case of a disciplinary sanction other than an admonishment or a censure, the time allowed to the Council for bringing an application to the Court for confirmation of the direction.]

68. Confirmation by High Court required before certain directions become effective.

68.—F108[(1)] A direction under section 66 to impose a disciplinary sanction (F109[not being] an admonishment or a censure) on a registrant does not take effect unless the direction is confirmed by the Court on application under section 69 or 70.

F108[(2) A direction undersection 66to impose a disciplinary sanction (being an admonishment or a censure) on the registrant does not take effect unless—

(a) the direction is confirmed by the Court on application undersection 69, or

(b) the 30 days referred to insection 69(2)within which the registrant may apply to the Court for an order cancelling the direction expires without the registrant making such application.]

69. Application to High Court for cancellation of Council's direction.

69.—(1) A registrant affected by a direction to impose a disciplinary sanction F110[…] may apply to the Court for an order cancelling the direction.

(2) An application for an order under this section must be made within 30 days after the registrant receives from the Council notification of the direction.

(3) At the hearing of the application, the Court may consider any evidence adduced or argument made, whether or not adduced or made to a committee of inquiry.

(4) After hearing the application, the Court may—

(a) make any order that it considers appropriate, including an order cancelling, confirming or modifying the F111[direction,]

(b) give to the Council or the registration board concerned any direction that the Court considers F111[appropriate, and]

F112[(c) direct how the costs of the application are to be borne.]

70. Application to High Court for confirmation of Council's direction.

70.—(1) If a registrant does not, within the time allowed under section 69(2), apply to the Court for an order cancelling a direction by the Council to impose a disciplinary sanction (F113[not being] an admonishment or a censure) on the registrant, the Council shall apply to the Court for an order confirming the direction.

(2) An application for an order under this section must be made within 60 days after the registrant receives from the Council notification of the direction.

(3) After hearing the application, the Court shall, by order, confirm the Council's direction relating to the registrant, unless the Court sees good reason not to do so F114[and direct how the costs of the application are to be borne].

71. Evidence relating to application to High Court and right of appeal from decision under section 69 or 70.

71.—(1) At the hearing of an application under section 69 or 70, the Court may admit and have regard to evidence of any person of good standing in the designated profession concerned as to what constitutes poor professional performance or professional misconduct in relation to the practice of that profession.

(2) The decision of the High Court on an application under section 69 or 70 is final except that, by leave of that Court or the Supreme Court, the Council or the person to whom the decision of the High Court relates may appeal against that decision to the Supreme Court on a specified question of law.

72. Duty to notify registrant of compliance with directions confirmed or given by High Court.

72.—(1) On complying with a direction confirmed or given by the Court to attach conditions to a registration, the registration board concerned shall notify the registrant of the conditions.

(2) On complying with a direction confirmed or given by the Court to suspend for a specified period or to cancel a registration, the registration board concerned shall notify the registrant of—

(a) the suspension or cancellation, as the case may be, and

(b) in the case of a suspension, the period, beginning not earlier than 7 days after the date of the Court's decision, during which the registration is to be suspended.

73. Restoration to register.

73.—(1) The name of any person whose registration has been cancelled under this Part may not be restored to a register except in accordance with this section.

(2) The Council may at any time direct a registration board to restore to its register the name of any person whose registration has been cancelled under this Part if—

(a) the person has requested the Council to make the direction and has paid the fee required at the time of the request for restoration,

(b) the person is not prohibited under this Part from applying for restoration to the register,

(c) the person has been given an opportunity to make an oral or written submission to the Council,

(d) the Council has considered any submission made under paragraph (c) and the criteria established by bye-law for restoration to the register, and

(e) after consulting the registration board, the Council considers it appropriate to make the direction.

(3) On directing a registration board to restore a person's name to its register, the Council may also direct the board to attach to the registration any conditions that, after consulting the board, the Council considers appropriate.

(4) On complying with a direction to restore a person's name to its register or to attach conditions to a registration, the registration board concerned shall notify the registrant of the restoration and, if applicable, of the attachment of the conditions.

(5) On deciding to refuse to direct a registration board to restore a person's name to its register, the Council shall, as soon as practicable, notify the person of—

(a) the decision,

(b) the date on which it was made,

(c) the reasons for the decision, and

(d) the time allowed under section 75 for bringing an appeal to the Court for cancellation of the decision.

74. Removal of conditions of registration.

74.—(1) The Council may at any time direct a registration board to remove all or any conditions attached under this Part to a registration if—

(a) the registrant has requested the Council to make the direction,

(b) the registrant has been given an opportunity to make an oral or written submission to the Council,

(c) the Council has considered any submission made under paragraph (b) and any other relevant information that has come to its attention, and

(d) after consulting the registration board, the Council considers it appropriate to make the direction.

(2) On complying with a direction to remove any or all conditions attached under this Part to a registration, the registration board concerned shall notify the registrant of their removal.

(3) On deciding to refuse to direct a registration board to remove any condition attached under this Part to a registration, the Council shall, as soon as practicable, notify the registrant of—

(a) the decision,

(b) the date on which it was made,

(c) the reasons for the decision, and

(d) the time allowed under section 75 for bringing an appeal to the Court for cancellation of the decision.

75. Appeal to High Court from Council's decision under section 73 or 74.

75.—(1) A person may appeal to the Court against a decision made by the Council—

(a) under section 73 refusing to direct a registration board to restore the person's name to its register or directing a registration board to attach conditions to his or her registration, or

(b) under section 74 refusing to direct a registration board to remove a condition attached under this Part to his or her registration.

(2) The appeal must be brought within 30 days after the person receives from the Council notification of the decision.

(3) In an appeal under this section, the Court may consider any evidence adduced or argument made, whether or not adduced or made to the Council.

(4) On the hearing of the appeal, the Court may—

(a) make any order that it considers appropriate, including an order cancelling, confirming or modifying the decision, and

(b) give to the Council or the registration board concerned any direction that the Court considers appropriate.

(5) On complying with any direction given by the Court, the registration board concerned shall notify the person who brought the appeal of the board's compliance with the direction.

76. Notification to Minister and employer of certain disciplinary matters.

76.—(1) The Council shall F115[notify the Health Service Executive and such other persons as the Council thinks fit] as soon as practicable after any of the following measures take effect under this Part:

(a) the cancellation of a person's registration;

(b) the restoration of a person's name to a register;

(c) the suspension of a person's registration;

(d) the termination of the period during which a person's registration is suspended;

(e) the attachment of conditions to a person's registration;

(f) the removal of conditions attached under this Part to a person's registration;

(g) the prohibiting of a person from applying for a specified period for restoration to the register;

(h) the admonishment or censuring of a person.

(2) If it comes to the Council's attention that, under the law of a state other than the State, an action corresponding to one referred to in any of paragraphs (a) to (h) of subsection (1) has been taken in relation to a registrant, the Council shall F115[, if satisfied that it is in the public interest to do so, notify the Health Service Executive] of the matter.

(3) The Council shall F116[(if satisfied that, in the case of an action referred to insubsection (2), it is in the public interest to do so)] notify an employer if—

(a) it comes to the Council's attention that any action referred to in subsection (1) or (2) has been taken in relation to a registrant employed by the employer, and

(b) the employer's name is known to the Council.

F116[(4) (a)Paragraph (b)applies where—

(i) it comes to the Council’s attention that any action referred to insubsection (1)has been taken in relation to a registrant, and

(ii) the Council has reason to believe that—

(I) the registrant is registered in another jurisdiction in any designated profession, and

(II) that action 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 in so far as that profession is concerned.

(b) If the registration board concerned has not already done so, the Council shall give notice in writing to that body of that action and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with copies of documents relevant to that action (including a copy of the report concerned referred to insection 63(1)).

(5) (a)Paragraph (b)applies where—

(i) it comes to the Council’s attention that any action referred to insubsection (2)has been taken in relation to a registrant, and

(ii) the Council has reason to believe that—

(I) the registrant is registered in another jurisdiction in any designated profession, and

(II) that action 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 in so far as that profession is concerned.

(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 action.]

77. Disciplinary information may be published in public interest.

77.—F117[(1)] The Council F118[shall (if satisfied that, in the case of an action referred to inparagraph(h) or (i), it is in the public interest to do so)] advise the public when any of the following measures take effect under this Part:

(a) the cancellation of a person's registration;

(b) the restoration of a person's name to a register;

(c) the suspension of a person's registration;

(d) the termination of the period during which a person's registration is suspended;

(e) the attachment of conditions to a person's registration;

(f) the removal of conditions attached to a person's registration;

(g) the prohibiting of a person from applying for a specified period for restoration to the register;

(h) the admonishment or censuring of a person;

(i) any action in respect of which the F118[Health Service Executive] is required to be notified under section 76(2).

F117[(2) The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the Court arising from the performance of a function undersection 69or70.]

78. Privilege relating to disciplinary proceedings.

78.—In any action for defamation, the following proceedings, reports and communications are absolutely privileged:

(a) proceedings of a preliminary proceedings committee or of a committee of inquiry under this Part;

(b) communications by a committee of inquiry under section 61;

(c) reports of a committee of inquiry under section 63;

(d) F119[…]

(e) any other communication made by a committee established under this Part, the Council or a registration board in performing a function or exercising a power of the committee, Council or board, as the case may be.

78A. F120[Information Council may publish in public interest

78A.—The Council shall, if it is satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of a committee of inquiry at an inquiry or publish all or any part of a report referred to insection 63(1)of that committee (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings concerned to be identified).]

PART 7 Professional Titles and Offences

79. Use of professional titles.

79.—(1) A registrant of a profession designated in section 4(1) is entitled to use the title specified in the applicable paragraph of that section for that profession.

(2) In addition, a registrant of a profession designated in section 4(1) is entitled to use any title for the time being prescribed under section 95(3) for that profession.

(3) A registrant of a profession designated by regulation under section 4(2) is entitled to use any title for the time being prescribed under section 4(6) for that profession.

F121[(4) A person shall not use a title referred to in any ofsubsections (1)to(3)unless—

(a) the person is entitled by virtue of this section to use that title, or

(b) the person is a service provider who is pursuing, on a temporary and occasional basis, the profession concernedF122[pursuant to Part 4 of the Professional Qualifications Regulations]]

(5) F123[…]

80. Offences.

80.—(1) A person is guilty of an offence if F124[…] he or she—

(a) contravenes section 79(4),

(b) falsely represents himself or herself to be registered in a register maintained by a registration board under this Act, or

(c) being registered in a division of a register maintained by a registration board under this Act, falsely represents himself or herself to be registered in a division of that register other than the division in which he or she is registered.

(2) A person is guilty of an offence if he or she F124[…] causes or permits another person to make representations about the first mentioned person that, if made by himself or herself F124[…], would be an offence under subsection (1).

(3) A person is guilty of an offence if he or she, with intent to deceive, makes with regard to another person any representation that—

(a) he or she knows to be false, and

(b) if made by the other person would be an offence by the other person under subsection (1).

(4) A person is guilty of an offence if he or she makes or causes to be made any false declaration or misrepresentation for the purpose of obtaining registration under this Act.

F125[(5) A person guilty of an offence under this section is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both.]

F126[(6) It shall be a defence in proceedings for an offence undersubsection (1)(a)or(2)for the person charged with the offence to prove that the person took all reasonable steps to avoid the commission of the offence.

(7) Where a person is convicted of an offence under this section, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence.]

81. Prosecution of offences.

81.—(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Council.

(2) Despite section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within 2 years after the date of the alleged commission of the offence.

F127[Part 7A Prescription and Sale of Spectacles] Annotations Amendments: F127 Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 34, S.I. No. 588 of 2014.

81A. F128[Restriction on prescribing spectacles and dispensing prescriptions for spectacles

81A.—(1) A person shall not, on or after the relevant day, issue a prescription for spectacles unless he or she is a registered medical practitioner or a registrant of the designated profession of optometrist.

(2) A person shall not, on or after the relevant day, dispense prescriptions of registered medical practitioners or registrants of the designated profession of optometrist for spectacles unless he or she is a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician.

(3) A person who contravenessubsection (1)or(2)is guilty of an offence and is liable on summary conviction to a class D fine in the case of a first offence and, in the case of a second or any subsequent offence, a class B fine.]

81B. F129[Restriction on selling spectacles

81B.—(1) Subject tosubsection (2), a person shall not, on or after the relevant day, sell spectacles unless—

(a) if the person is not a body corporate, the person is a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician or, if the sale is conducted on behalf of the person by another person, that other person is a registered medical practitioner or such a registrant, or

(b) if the person is a body corporate, the sale is conducted by a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician.

(2) A person, other than a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician, may assist in a sale or in the conduct of a sale of spectacles where such assistance is provided in relation to the sale by a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician of spectacles in accordance withsubsection (1).

(3) A person who contravenessubsection (1)is guilty of an offence and is liable on summary conviction to a class E fine in the case of a first offence and, in the case of a second or any subsequent offence, a class C fine.]

81C. F130[Bye-laws for regulation and control of prescribing, dispensing of prescriptions or sales

81C.—(1) The Optical Registration Board may, by bye-laws, make provision for the regulation and control of—

(a) the prescribing of spectacles by registrants of the designated profession of optometrist,

(b) the dispensing of prescriptions of registered medical practitioners or registrants of the designated profession of optometrist for spectacles by registrants of the designated profession of optometrist or dispensing optician, or

(c) sales of spectacles, being sales by or conducted by registrants of the designated profession of optometrist or dispensing optician, including sales assisted by persons referred to insection 81B(2).

(2) A registrant of the designated profession of optometrist or dispensing optician who contravenes a bye-law which is made for the purposes of this section and which is stated to be a penal bye-law is guilty of an offence and is liable on summary conviction to a class E fine in the case of a first offence and, in the case of a second or any subsequent offence, a class C fine.]

81D. F131[Bye-laws for control of advertising

81D.—(1) The Optical Registration Board may, by bye-laws, make provision for the control of advertising (including advertising by way of canvassing) which advertises—

(a) a registrant of the designated profession of optometrist or dispensing optician,

(b) the prescribing of spectacles or the provision of orthoptic treatment by a registrant of the designated profession of optometrist,

(c) the dispensing of prescriptions for spectacles by registrants of the designated profession of optometrist or dispensing optician, or

(d) sales of spectacles, being sales by or conducted by a registrant of the designated profession of optometrist or dispensing optician.

(2) Where, as respects any advertising to which bye-laws made for the purposes of this section relate, there is a contravention of any of the bye-laws which is stated to be a penal bye-law, the responsible person is guilty of an offence and is liable on summary conviction to a class D fine in the case of a first offence and, in the case of a second or any subsequent offence, a class B fine.

(3) Insubsection (2)“responsible person”means—

(a) in the case of advertising which advertises a registrant of the designated profession of optometrist or dispensing optician, the dispensing of prescriptions for spectacles by such a registrant or sales of spectacles by such a registrant - that registrant,

(b) in the case of advertising which advertises the prescribing of spectacles or the provision of orthoptic treatment by a registrant of the designated profession of optometrist - that registrant, and

(c) in the case of advertising which advertises sales of spectacles conducted by a registrant of the designated profession of optometrist or dispensing optician - that person (including a body corporate) on whose behalf the sales are to be conducted.]

81E. F132[Saver for manufacture of spectacles, etc.

81E.—Nothing in this Part shall operate to prevent or restrict—

(a) the manufacture of spectacles,

(b) the sale by wholesale of spectacles,

(c) the sale to hospitals of spectacles,

(d) the employment of persons to carry out work on spectacles under the supervision of a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician, or

(e) the repair of the frames of spectacles.]

PART 8 Dissolution of National Social Work Qualifications Board

82. Definitions (Part 8).

82.—In this Part—

“National Social Work Qualifications Board” means the board established by the National Social Work Qualifications Board (Establishment Order) 1997 (S.I. No. 97 of 1997);

“transfer day” means the day appointed by the Minister under section 83 as the transfer day.

83. Transfer day and dissolution of Board.

83.—(1) The Minister shall, by order, appoint a day as the transfer day for the purposes of this Part.

(2) The National Social Work Qualifications Board is, by this Act, dissolved on the transfer day.

(3) References to the National Social Work Qualifications Board in any Act of the Oireachtas passed before the transfer day or in any instrument made before the transfer day under an Act of the Oireachtas are to be read on and after that day as references to the Council.

84. Transfer of staff.

84.—(1) Every person who, immediately before the transfer day, was a member of the staff of the National Social Work Qualifications Board is transferred to, and becomes a member of, the Council's staff on the transfer day.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person transferred under this section is entitled, while in the Council's service, to be employed on conditions of employment no less favourable than those to which that person was entitled immediately before the transfer day.

(3) The previous service of a person transferred under this section with the National Social Work Qualifications Board is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2003;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Organisation of Working Time Act 1997;

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2001;

(e) the Unfair Dismissals Acts 1977 to 2001;

(f) the Carer's Leave Act 2001;

(g) the Parental Leave Act 1998.

(4) Any superannuation benefits awarded by the Council to or in respect of a person transferred under this section, and the conditions relating to those benefits, are to be no less favourable than those applicable to or in respect of that person immediately before the transfer day.

(5) In this section—

“conditions of employment” includes conditions in respect of remuneration and related matters;

“recognised trade union or staff association” means a trade union or staff association recognised by the Council for the purposes of negotiations that are concerned with the conditions of employment or working conditions of employees.

85. Transfer of property and liabilities to Council.

85.—(1) With effect from the transfer day, the following are transferred to the Council:

(a) all property (real and personal) and rights held or enjoyed immediately before that day by the National Social Work Qualifications Board;

(b) all liabilities incurred before that day by that Board that had not been discharged before that day.

(2) Accordingly, without any further conveyance, transfer or assignment—

(a) such property vests, on the transfer day, in the Council for all the estate, term or interest for which, immediately before that day, it was vested in the National Social Work Qualifications Board, but subject to all trusts and equities affecting the property and capable of being performed,

(b) such rights are, on and from that day, rights of the Council, and

(c) such liabilities are, on and from that day, liabilities of the Council.

(3) All moneys, stocks, shares and securities transferred to the Council by this section that, immediately before the transfer day, are in the name of the National Social Work Qualifications Board, shall, at the request of the Council, be transferred into its name.

(4) Every right and liability transferred to the Council by this section may, on and after the transfer day, be sued on, recovered or enforced by or against the Council in its own name and it shall not be necessary for it to give notice of the transfer to the person whose right or liability is transferred by this section.

86. Preservation of certain contrancts and adaptation of references.

86.—Every contract or agreement made between the National Social Work Qualifications Board (or any trustee or agent acting on its behalf) and any other person, and in force immediately before the transfer day—

(a) continues in force on and after that day,

(b) is to be read and have effect as if the name of the Council were substituted in the contract or agreement for that of the National Social Work Qualifications Board or, as the case may be, any trustee or agent acting on its behalf, and

(c) is enforceable against the Council.

87. Pending legal proceedings.

87.—If, immediately before the transfer day, any legal proceedings to which the National Social Work Qualifications Board is a party are pending, the Council's name shall be substituted in the proceedings for the name of that Board, and the proceedings shall not abate because of the substitution.

88. Preparation of accounts.

88.—(1) As soon as practicable after the transfer day, the Council shall prepare, in such form as may be approved by the Minister, all proper and usual accounts of money received or expended by the National Social Work Qualifications Board in the accounting year, or the part of an accounting year, of that Board ending immediately before the transfer day.

(2) The Council shall submit accounts prepared under this section to the Comptroller and Auditor General for audit and subsections (3) and (4) of section 21 apply in relation to those accounts.

89. Revocation of order.