Health and Social Care Professionals Act 2005

89.—The National Social Work Qualifications Board (Establishment) Order 1997 (S.I. No. 97 of 1997) is revoked on the transfer day.

PART 9 Transitional Provisions

90. Definitions (Part 9)

90.—In this Part—

“corresponding qualification” F133[means a professional qualification that], before or after the passing of this Act, has been recognised by or on behalf of the State pursuant to a directive or other relevant measure as corresponding to—

(a) in the case of a designated profession listed in the second column of Schedule 3, a qualification listed opposite that profession in the third column of that Schedule, and

(b) in the case of any other designated profession, a qualification standing at the time of application for registration prescribed under section 95 for that profession;

F134[…]

F135[“directive”means a directive adopted by an institution of the European Communities or the European Union for the recognition of professional education and training;]

F135[“EEA Agreement”means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol done at Brussels on 17 March 1993;]

“relevant date”, in relation to an application under this Part to the registration board of a designated profession, means the date on which the register of the members of that profession is established;

F134[…]

F135[“relevant measure”means—

(a) a measure or decision taken by the Joint Committee under the EEA Agreement having an effect corresponding to that of a directive, and

(b) a measure that is in force by virtue of the Agreement between the European Community and the Swiss Confederation on the Free Movement of Persons, done at Luxembourg on 21 June 1999;]

“transitional period”, in relation to an application under this Part to the registration board of a designated profession, means the period beginning on the relevant date and ending 2 years after that date.

91. Registration of existing practitioners.

91.—(1) F136[Subject tosubsections (2)and(4A), the registration board of a designated profession] listed in the second column of Schedule 3 shall grant registration to a person who, F137[during the period of 5 years ending on the relevant date, was engaged in the State in the practice of the designated profession, within the meaning, where the registration board concerned has specified such a meaning in bye-laws, of those bye-laws, for a period (or periods which, when taken together, amount to such period) of not less than 2 years or such other period as may be specified in those bye-laws] and who—

(a) applies during the transitional period to that board for registration,

(b) complies with section 37(2) and with any requirement imposed on, or request made to, him or her under section 37(3) as applied by this section,

(c) either—

(i) holds—

(I) a qualification listed opposite that profession in the third column of that Schedule or a corresponding qualification, or

F138[(II) a professional qualification that, in the opinion of the board, is sufficiently relevant to that profession and attests to a standard of proficiency corresponding to a qualification listed opposite the profession in the third column of that Schedule,]

or

(ii) successfully completes an assessment of professional competence set by the board in accordance with any guidelines issued by the Council,

(d) satisfies the board that he or she is a fit and proper person to engage in the practice of that profession, and

(e) pays the required fee to the Council.

F136[(2) The Social Care Workers Registration Board shall grant registration to a person who—

(a) during the period of 5 years ending on the date on which he or she makes an application undersection 37, was engaged in the State, a Member State or the United Kingdom in the practice of the profession of social care worker within the meaning, where the Social Care Workers Registration Board has specified such a meaning in bye-laws, of those bye-laws, for a period (or periods which, when taken together, amount to such period) of not less than 2 years or such other period as may be specified in those bye-laws,

(b) applies during the transitional period to the Social Care Workers Registration Board for registration,

(c) complies withsection 37(2)and with any requirement imposed on, or request made to, the person undersection 37(3)as applied by this section,

(d) meets one or more of the following requirements:

(i) the person holds a qualification listed opposite the profession of social care worker in the third column ofSchedule 3or a corresponding qualification;

(ii) the person holds a professional qualification that, in the opinion of the Social Care Workers Registration Board, is sufficiently relevant to the profession of social care worker and attests to a standard of proficiency corresponding to a qualification listed opposite the profession in the third column ofSchedule 3;

(iii) the person successfully completes an assessment of professional competence set by the Social Care Workers Registration Board in accordance with any guidelines issued by the Council;

(iv) subject tosubsections (2A)and(3), the person’s employer or former employer attests, by written opinion, to the person’s having achieved the standard of proficiency required for the practice of the profession of social care worker,

(e) satisfies the Social Care Workers Registration Board that the person is a fit and proper person to engage in the practice of the profession of social care worker, and

(f) pays the required fee to the Council.]

F139[(2A) Nothing insubsection (2)(d)(iv)shall be construed to prevent or restrict the Social Care Workers Registration Board from refusing to grant registration to a person where it is satisfied that it is in the public interest to do so having regard to the person’s proficiency in the profession of social care worker by reference to—

(a) the competence of the employer or former employer concerned to form an opinion, or

(b) the duration of the employment relationship between the person and the employer or former employer concerned.]

F136[(3) An opinion is not valid for the purpose ofsubsection (2)(d)(iv)unless the employer or former employer concerned has, in forming the opinion, adhered to any assessment guidelines issued by the Council for that purpose, including on—

(a) an employer’s competence to form an opinion for the purpose ofsubsection (2)(d)(iv), and

(b) the minimum duration of an employment relationship between the applicant and an employer required to form an opinion for the purpose ofsubsection (2)(d)(iv).]

(4) F140[…]

F141[(4A) The Physiotherapists Registration Board (in this subsection andsubsection (4B)referred to as“the Board”) shall grant registration to a person who—

(a) applies on or after the date on which section 7 of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation, and not later than one year after that date, to the Board for registration,

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

(c) demonstrates to the satisfaction of the Board engagement in the State in the assessment, treatment and management of musculoskeletal disorders, under the title of physiotherapist or physical therapist, for a period (or periods which, when taken together, amount to such period) of 2 years during the 5 year period ending on the date on which section 7 of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation, and

(d) either—

(i) holds—

(I) a Diploma in Physical Therapy awarded after 1991 and before 2010 by the Institute of Physical Therapy and Applied Science Dublin, or a Diploma in Physical Therapy and Bachelor of Science in Applied Health Science awarded after 2009 by the Institute of Physical Therapy and Applied Science Dublin, or

(II) a professional qualification that, in the opinion of the Board, is sufficiently relevant to that profession and attests to a standard of proficiency corresponding to a qualification inclause (I),

or

(ii) successfully completes an assessment of professional competence set by the Board in accordance with any guidelines issued by the Council that attests to the standard of proficiency in the assessment, treatment and management of musculoskeletal disorders required for registration in the profession.

(4B) The function of the Board undersubsection (4A)is in addition to, and not in substitution for, its function undersubsection (1)in relation to applicants for registration.]

(5) The registration board of a designated profession (other than a profession listed in the second column of Schedule 3 F142[or the profession of dispensing optician, optometrist or radiation therapist]) shall grant registration to a person who, F138[during the period of 5 years ending on the relevant date, was engaged in the State in the practice of the designated profession, within the meaning, where the board has specified such a meaning in bye-laws, of those bye-laws, for a period (or periods which, when taken together, amount to such a period) of not less than 2 years or such other period as may be specified in those bye-laws] and who—

(a) applies during the transitional period to that board for registration,

(b) complies with section 37(2) and with any requirement imposed on, or request made to, him or her under section 37(3) as applied by this section,

(c) either—

(i) holds—

(I) a qualification prescribed under section 95 for that profession or a corresponding qualification, or

F138[(II) a professional qualification that, in the opinion of the board, is sufficiently relevant to that profession and attests to a standard of proficiency corresponding to a qualification prescribed undersection 95for that profession,]

or

(ii) successfully completes an assessment of professional competence set by the board in accordance with any guidelines issued by the Council,

(d) satisfies the board that he or she is a fit and proper person to engage in the practice of that profession, and

(e) pays the required fee to the Council.

(6) Section 37(3) applies in relation to an application for registration made during the transitional period under this section F143[or during the period referred to insubsection (4A)(a)] and sections 43 and 44 apply in relation to any decision made by a registration board or the Council concerning that application.

F139[(7) In this section—

"Member State" means—

(a) a state, other than the State, which is a member of the European Union,

(b) a state, other than a member of the European Union, which is a party to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by all subsequent amendments to that agreement, and

(c) Switzerland;

"United Kingdom" means—

(a) the United Kingdom of Great Britain and Northern Ireland,

(b) the Channel Islands, and

(c) the Isle of Man.]

91A. F144[Use of professional titles.

91A.—Section 79(4)shall not apply to the use of a title referred to insection 79(1), (2)or(3)for a designated profession—

(a) during the period that begins whensection 79(4)is commenced and ends at the end of the transitional period in relation to the profession concerned, and

(b) where an application is made undersection 91, during any period after the end of the transitional period concernedF145[or, where appropriate, after the end of the period specified insubsection (4A)(a)of that section]during which—

(i) the application is being determined, or

(ii) by virtue ofsection 91(6), an application or appeal relating to the application is being determined.]

F146[Part 9A Dissolution of Opticians Board] Annotations Amendments: F146 Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 36, S.I. No. 588 of 2014.

91B. F147[Definition of "Opticians Board"

91B.—In this Part "Opticians Board" means Bord na Radharcmhastóirí.]

91C. F148[Dissolution of Opticians Board

91C.—(1) The Opticians Board is, by this Act, dissolved on the relevant day.

(2) References to the Opticians Board in any Act of the Oireachtas passed before the relevant day or in any instrument made before the relevant day under an Act of the Oireachtas are to be read on and after that day as references to the Council.]

91D. F149[Transfer of staff

91D.—(1) Every person who, immediately before the relevant day, was a member of the staff of the Opticians Board is, on the relevant day, transferred to, and becomes a member of, the Council’s staff.

(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 relevant day.

(3) The previous service of a person transferred under this section with the Opticians 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 2007;

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

(c) theProtection of Employees (Fixed-Term Work) Act 2003;

(d) theOrganisation of Working Time Act 1997;

(e) the Terms of Employment (Information) Acts 1994 and 2001;

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

(g) the Unfair Dismissals Acts 1977 to 2001;

(h) the Maternity Protection Acts 1994 and 2004;

(i) theCarer’s Leave Act 2001;

(j) the Parental Leave Acts 1998 and 2006;

(k) the Adoptive Leave Acts 1995 and 2005.

(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 relevant 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.]

91E. F150[Transfer of property and liabilities to Council

91E.—(1) With effect from the relevant 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 Opticians Board;

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

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

(a) such property vests, on the relevant day, in the Council for all the estate, term or interest for which, immediately before that day, it was vested in the Opticians 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 relevant day, are in the name of the Opticians 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 relevant 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.]

91F. F151[Preservation of certain contracts, etc., and adaptation of references

91F.—Every contract or agreement made between the Opticians Board (or any trustee or agent acting on its behalf) and any other person, and in force immediately before the relevant 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, as the case may be, for that of the Opticians Board or, as the case may be, any trustee or agent acting on its behalf, and

(c) is enforceable against the Council.]

91G. F152[Pending legal proceedings

91G.—If, immediately before the relevant day, any legal proceedings to which the Opticians Board is a party are pending, the Council’s name shall be substituted in the proceedings for the name of the Opticians Board, and the proceedings shall not abate because of the substitution.]

91H. F153[Preparation of accounts

91H.—(1) As soon as practicable after the relevant 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 Opticians Board in the accounting year, or the part of an accounting year, of that Board ending immediately before the relevant day.

(2) The Council shall submit accounts prepared under this section to the Comptroller and Auditor General for audit andsubsections (3)to(5)ofsection 21apply in relation to those accounts.]

91I. F154[Transfer of records

91I.—(1) Each record held by the Opticians Board immediately before the relevant day—

(a) shall, on that day, stand transferred to the Council, and

(b) shall, on and from that day, be deemed to be held by the Council.

(2) Any right of access, under the Freedom of Information Acts 1997 and 2003, to records that before the relevant day were held by the Opticians Board and that are transferred undersubsection (1)is not affected by the transfer of those records.

(3) For the purposes ofsection 18of theFreedom of Information Act 1997, any act done by the Opticians Board before the relevant day is deemed to have been done by the Council.]

91J. F155[Liability of Opticians Board for acts or omissions

91J.—(1) Neither the Opticians Board nor any person who is or was a member, officer or employee of the Opticians Board or a committee of the Opticians Board is liable for damages for anything done or omitted to be done by the Opticians Board or that person in good faith and without negligence under the Act of 1956.

(2) Subject to any enactment or rule of law, the Council may indemnify any person who is or was a member of the Opticians Board or a committee of the Opticians Board in respect of anything done or omitted to be done by that person in performing his or her functions under the Act of 1956.]

PART 10 Miscellaneous Matters

92. Liability of Council and registration boards for acts or omissions.

92.—(1) Neither the Council nor any person who is or was a member, officer or employee of the Council or a committee of the Council is liable for damages for anything done or omitted to be done by the Council or that person in good faith and without negligence under this Act.

(2) Neither a registration board nor any person who is or was a member of a registration board or a committee of such board is liable for damages for anything done or omitted to be done by the board or that person in good faith and without negligence under this Act.

(3) Subject to any enactment or rule of law, the Council may indemnify any person who is or was a member of—

(a) the Council,

(b) a registration board, or

(c) a committee of the Council or of a registration board,

in respect of anything done or omitted to be done by that person in performing their functions under this Act.

93. Judicial notice of seals and admissibility of sealed instruments.

93.—(1) Judicial notice shall be taken of the seal of the Council and the seal of each registration board.

(2) Any record that appears to be an instrument made by the Council and to be sealed with its seal apparently authenticated in accordance with Schedule 1 is admissible in evidence and is deemed, in the absence of evidence to the contrary, to be such instrument without proof.

(3) Subsection (2) applies also in respect of any record that appears to be an instrument made by a registration board and to be sealed with its seal apparently authenticated in accordance with Schedule 2.

94. How registrants, former registrants and applicants are to be notified.

F156[94.—(1) Where the Council, a registration board, a preliminary proceedings committee, a committee of inquiry or the chief executive officer is required or authorised under this Act to notify a person (being a registrant or former registrant) of a decision or other matter concerning the person, the notification shall be sent by pre-paid post or electronically to him or her at the address stated in the register in which his or her name is or was (as the case may be) entered.

(2) Where the Council, a registration board, a preliminary proceedings committee, a committee of inquiry or the chief executive officer is required or authorised under this Act to notify a person (not being a registrant or former registrant) who has made an application under this Act of a decision or other matter concerning the application, the notification shall be sent by pre-paid post or electronically to the person at the address stated in the application.

(3) Where a notification under this Act has been sent to a person in accordance withsubsection (1)or(2), the notification shall be deemed, in the absence of evidence to the contrary, to have been duly delivered to the person on the 3rd working day after the day on which it was so sent.]

95. Minister’s power to make regulations.

95.—(1) The Minister may—

(a) by regulation provide for any matter referred to in this Act as prescribed or to be prescribed, and

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally F157[…] for the purposes of giving full effect to this Act.

(2) Regulations under this Act may contain any transitional and other supplementary and incidental provisions that appear to the Minister to be necessary or expedient for the purposes of the regulations.

F158[(3) After consulting the registration board of a designated profession and any organisations that he or she considers appropriate, the Minister may, by regulation—

(a) prescribe one or more than one title that is a variant of the title specified insection 4(1), or for the time being prescribed undersection 4(6), for the profession and that, in addition to the title specified insection 4(1), or for the time being prescribed undersection 4(6), may be used by registrants of that profession, or

(b) if the register for the profession has been divided into divisions for different categories of registrants, prescribe one or more than one title that, in addition to the title specified insection 4(1), or for the time being prescribed undersection 4(6)orparagraph (a), for that profession, may be used by registrants of that profession who fall within the category of registrants specified in the regulations as the category of registrants who may use that additional title.]

F159[(3A) After consulting the registration board of a designated profession and any organisations that he or she considers appropriate, the Minister may, by regulation—

(a) prescribe an additional qualification for the purposes of the third column ofSchedule 3that, in the opinion of the Minister, is sufficiently relevant to the corresponding profession listed in the second column of that Schedule and attests to a standard of proficiency corresponding to a qualification specified for that profession in the third column of that Schedule, and

(b) vary a reference to a qualification specified in the third column ofSchedule 3, where, in the opinion of the Minister, the reference to the qualification concerned is no longer accurate, due to—

(i) a change in the title of the qualification concerned,

(ii) a change in the name of the institution that awarded the qualification concerned, or

(iii) a change in the period specified for the awarding of a specific qualification.]

(4) The Minister shall ensure that every regulation made under a provision of this Act (other than section 4 or F160[subsection (3)or(3A)] of this section) is laid before each House of the Oireachtas as soon as practicable after it is made.

(5) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation is laid before it under subsection (4), annul the regulation.

(6) The annulment of a regulation under subsection (5) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation before the passing of the resolution.

(7) A regulation may be made under F160[subsection(3)or(3A)] 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.

96. Minister's power to amend or revoke certain orders.

96.—The Minister may, by order, amend or revoke an order made under section 24 or 34 or this section.

97. F161[Investigations

97.—(1) The Council shall, at the request of the Minister, or may, of its own initiative or upon a complaint made by a member of the public, investigate any case of an individual who, not being a registrant of a designated profession, is suspected of being guilty of an offence under this Act.

(2) Where the Council has carried out an investigation undersubsection (1), the Council may, if it has reasonable grounds to believe that the individual the subject of the investigation is or has been guilty of an offence under this Act, seek an injunction in the Court requiring the person to cease the activities the Council reasonably believes to be in contravention of this Act.]

98. F162[Special measures registration having regard to Covid-19

98.—(1) (a) A previous registrant of a designated profession (in this section referred to as the "relevant designated profession") may make an application to the registration board of that profession (in this section referred to as the "relevant board") to again become a member of that profession.

(b) Thesection 98application must be in the form and contain the information required by the chief executive officer.

(2) Subject tosubsections (3)to(7), the provisions of this Act shall, with all necessary modifications, apply to—

(a) asection 98registration as they apply to registration in the relevant designated profession effected by another section of this Act, and

(b) asection 98registrant as they apply to a registrant in the relevant designated profession who is not a section 98 registrant.

(3) No fee shall be charged for, or relating to—

(a) asection 98application, or

(b) asection 98registration or the retention of such registration.

(4) Where a previous registrant’s name is entered in the register for the relevant designated profession pursuant to asection 98registration, the chief executive officer shall enter in that register, or cause to be entered in that register, the term "(section 98registration)" immediately after that name to indicate that his or her registration in that register arises from the operation of this section.

(5) (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register for the relevant designated profession pursuant to the operation of another section of this Act, whether or not his or her name is already entered in that register pursuant to asection 98registration.

(b) Where a previous registrant’s name is entered in the register for the relevant designated profession pursuant to the operation of this Act (other than this section) when his or her name is already entered in that register pursuant to asection 98registration, the chief executive officer shall remove from that register, or cause to be removed from that register, the latter entry at the same time as the first-mentioned entry is made.

(c) The refusal of asection 98registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered in the register for the relevant designated profession.

(6) (a) Subject tosubsection (7), eachsection 98registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

(b) The chief executive officer shall remove from the register for the relevant designated profession, or cause to be removed from that register, on the date referred to inparagraph (a), or as soon as is practicable thereafter, each name that was entered in that register pursuant to asection 98registration.

(7) (a) The Minister may, by order, specify a different date for the purposes ofsubsection (6)(including a different date for a previous different date specified in an order made under this paragraph) and, if the Minister so specifies, that subsection shall be construed, with all necessary modifications, to take account of that first-mentioned date.

(b)Section 95(4)to(6)shall, with all necessary modifications, apply to an order made underparagraph (a)as that section applies to a regulation made under a provision of this Act.

(8) In this section—

"previous registrant" means a former registrant whose name was removed from the register for the relevant designated profession pursuant tosection 39(1)or40(1);

"section 98application" means an application under subsection (1);

"section 98registrant" means a registrant who is such pursuant to—

(a) the chief executive officer’s determination of asection 98application, or

(b) a decision (howsoever called) of the Court arising from the chief executive officer’s determination of asection 98application;

"section 98registration" means a registration effected in the register for the relevant designated profession pursuant to—

(a) the chief executive officer’s determination of asection 98application, or

(b) a decision (howsoever called) of the Court arising from the chief executive officer’s determination of asection 98application.]

99. F163[Admissibility of certain documents relating to proceedings in State or other jurisdictions

99.—(1) In any proceedings under this Act concerning a relevant person, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

(2) In any proceedings under this Act concerning a relevant person, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

(3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

(4) In this section—

"final determination", in relation to any relevant proceedings and a relevant person, 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 relevant person, 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 document", in relation to a relevant person, means any of the following:

(a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

(b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

(c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the relevant person after the final determination of the proceedings;

(d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

"relevant person" means—

(a) an applicant for registration, or

(b) a registrant or former registrant;

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

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

(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 relevant person 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 relevant person being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

100. F164[Power to specify form of documents

100.—(1) Subject tosection 37(2), the relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

(2) The relevant body’s power undersubsection (1)may be exercised in such a way as to—

(a) include in the specified form of any document referred to in that subsection a statutory declaration—

(i) to be made by the person completing the form, and

(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

(3) The relevant body’s power undersubsection (1)may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

(4) A form specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) accompanied by such documents as are specified in the form, and

(c) if the completed form is required to be provided to—

(i) the relevant body,

(ii) another person on behalf of the relevant body, or

(iii) any other person,

so provided in the manner, if any, specified in the form.

(5) Without prejudice to the generality ofsubsection (1), the registration board of a designated profession may—

(a) specify a form to be completed by a registrant in connection with the payment by the registrant of any fee charged undersection 18(1)(b), and

(b) in that form, require the registrant to supply the registration board with such information that the registrant would have to supply the board if the registrant were not registered but were seeking registration.

(6) In this section, "relevant body" means—

(a) subject toparagraphs (b)to(d), the Council,

(b) in relation to a function under this Act performed by a registration board, that board,

(c) in relation to a function under this Act performed by the preliminary proceedings committee, that committee, or

(d) in relation to a function under this Act performed by a committee of inquiry, that committee.]