Medical Practitioners Act 2007

AN ACT FOR THE PURPOSE OF BETTER PROTECTING AND INFORMING THE PUBLIC IN ITS DEALINGS WITH MEDICAL PRACTITIONERS AND, FOR THAT PURPOSE, TO INTRODUCE MEASURES, IN ADDITION TO MEASURES PROVIDING FOR THE REGISTRATION AND CONTROL OF MEDICAL PRACTITIONERS, TO BETTER ENSURE THE EDUCATION, TRAINING AND COMPETENCE OF MEDICAL PRACTITIONERS, TO AMEND THE MEMBERSHIP AND FUNCTIONS OF THE MEDICAL COUNCIL, TO INVESTIGATE COMPLAINTS AGAINST MEDICAL PRACTITIONERS AND TO INCREASE THE PUBLIC ACCOUNTABILITY OF THE MEDICAL COUNCIL; TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 2005/36/EC; AND, FOR THAT PURPOSE, TO REPEAL AND REPLACE THE MEDICAL PRACTITIONERS ACTS 1978 TO 2002 AND TO PROVIDE FOR RELATED MATTERS.

[7th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the Medical Practitioners Act 2007.

• (2) The collective citation “the Health Acts 1947 to 2007” shall include section 57(9).

• (3) The Minister for Health and Children may, by order or orders, appoint such day or days on which this Act shall come into operation, and different days may be so appointed for different purposes and different provisions.

• F1[(4) An order under subsection (3) may, in respect of the repeal of the Acts specified in Part 1 of Schedule 1 and the revocation of the statutory instruments specified in Part 2 of that Schedule effected by section 3, appoint different days for the repeal of different Acts or different provisions of them and the revocation of different statutory instruments or different provisions of them.]

2. Interpretation.

2.—F2[(1)] In this Act, except where the context otherwise requires—

“Act of 1978” means the Medical Practitioners Act 1978;

“Act of 2002” means the Medical Practitioners (Amendment) Act 2002;

F3[“Agency“ means the National Treasury Management Agency;]

“allegation”, in relation to a complaint, means an allegation—

• (a) arising out of the complaint, and

• (b) which falls within one or more than one of the grounds specified in section 57(1);

“appropriate fee”, in relation to a provision of this Act, means the fee determined under section 36(1) that is appropriate for that provision;

F4[“authorised officer” means a person appointed under section 58(1)(a); ]

“basic medical qualification” means—

• (a) a qualification arising from the satisfactory completion of a programme of basic medical education and training approved under section 88(2)(a)(i)(I),

• (b) a qualification in basic medical training specified in point 5.1.1 of Annex V to Directive 2005/36/EC, or

• (c) a degree, diploma or other qualification recognised under section 88(7) to be at least the equivalent of a qualification referred to in paragraph (a);

“business plan” means a business plan prepared pursuant to section 15(1) ;

“cancel”, in relation to the registration of a medical practitioner, means to delete the practitioner’s name from the register pursuant to a decision referred to in section 78(3) to cancel the registration of the practitioner;

“certificate of experience” means a certificate of experience granted to a medical practitioner pursuant to section 49(2);

“certificate of registration” means a certificate referred to in section 43(5);

“chief executive officer” means the chief executive officer of the Council appointed under section 24(1);

“committee” means a committee established under section 20(1), (2), (3) or (4);

“complainant”, in relation to a complaint, means the person (including the Council) who made the complaint;

“complaint” means a complaint under section 57(1);

“conditions” includes terms;

“Council” means Comhairle na nDochtúirí Leighis or the Medical Council established by the Act of 1978 and continued in being by section 4(1);

“Court” means the High Court;

“decision”, in relation to an appeal under section 54, 75, 83, 90 or 92, includes part of a decision;

“Dental Council” means An Chomhairle Fiaclóireachta or the Dental Council established by the Dentists Act 1985;

F6["Directive 2005/36/EC" has the meaning assigned to “Directive” in Regulation 3(1) of the Regulations of 2017;]

“Fitness to Practise Committee” means the committee established under section 20(2)(b);

“formal qualification” means—

• (a) a basic medical qualification, and

• (b) a certificate of experience;

“General Division” means that division of the register referred to in section 43(2)(a);

“General Register of Medical Practitioners” means the register established under section 26 of the Act of 1978;

“give” includes send, whether by post or electronic or other means, and cognate words shall be construed accordingly;

F5[“health or social care”, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity as a member or former member of a relevant profession;]

“Health Service Executive” means the Health Service Executive established under section 6 of the Health Act 2004;

“Higher Education Authority” means An tÚdarás um Ard-Oideachas established by section 2 of the Higher Education Authority Act 1971;

F3[“indemnity“ means a policy of medical indemnity insurance, or other indemnity arrangement, against losses arising from claims in respect of civil liability incurred by a medical practitioner in respect of any act or omission of that medical practitioner arising from his or her practice as a medical practitioner;]

“inquiry” means an inquiry into a complaint by the Fitness to Practise Committee pursuant to a referral under section 63;

F5[“investigation”, in relation to a complaint, means an investigation referred to in section 58A(1);]

F5[“investigation report”, in relation to a complaint, means a report referred to in section 58A(3) prepared following the investigation of the complaint;]

“local authority” has the same meaning as it has in the Local Government Act 2001;

“material interest” means material interest as construed in accordance with the Ethics in Public Office Act 1995;

“medical practitioner” means a person who holds a basic medical qualification;

“Member State” means a state other than the State which is a member of the European Union and includes states which are parties to 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 and the Swiss Confederation;

F3[“minimum level of indemnity“, in relation to a medical practitioner, means the level of indemnity specified by the Agency, pursuant to section 8A (inserted by section 10 of the Medical Practitioners (Amendment) Act 2017) of the National Treasury Management Agency (Amendment) Act 2000, as being applicable to the class of medical practitioners (if any) into which that practitioner falls;]

“Minister” means the Minister for Health and Children;

“poor professional performance”, in relation to a medical practitioner, means a failure by the practitioner to meet the standards of competence (whether in knowledge and skill or the application of knowledge and skill or both) that can reasonably be expected of medical practitioners practising medicine of the kind practised by the practitioner;

“practice of medicine” includes practice of surgery and other disciplines of medicine;

“practise medicine” means to engage in the practice of medicine;

“Preliminary Proceedings Committee” means the committee established under section 20(2)(a);

“professional competence scheme” means a scheme established under section 91(2);

“published in the prescribed manner”, in relation to any document or information (howsoever described), means the document or information, as the case may be—

• (a) is published on a relevant Internet website, and

• (b) is available for inspection, at the offices of the Council and at all reasonable times, by members of the public;

“register” means the register of medical practitioners established under section 43(1);

F7[“registered”, in relation to a medical practitioner, means registered under section 44, 46, 47, 48, 49, 50 or 50A;]

“registered dentist” means a person whose name is entered in the Register of Dentists established under the Dentists Act 1985;

F7[“registered medical practitioner”, subject to section 56A, means a medical practitioner whose name is for the time being entered in the register;]

“register establishment day” means the date specified in the notice referred to in section 44(3) published in Iris Oifigiúil as the date on which the register comes into operation;

“Register of Medical Specialists” means the register established under section 30 of the Act of 1978;

F8["Regulations of 2017" means the European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017);]

“relevant conditions”, in relation to a registered medical practitioner, means any conditions attached to the registration of the practitioner pursuant to—

• (a) section 53(3),

• (b) a decision confirmed or given under section 54(4),

• (c) a decision referred to in section 78(1),

• (d) section 81(3), or

• (e) a decision confirmed or given under section 83(3);

“relevant Internet website” means an Internet website of the Council (including part of such a website)—

• (a) to which access is readily available by members of the public, and

• (b) where anything published on the website is readily available for inspection by members of the public;

“relevant medical disability”, in relation to a medical practitioner, means a physical or mental disability of the practitioner (including addiction to alcohol or drugs) which may impair the practitioner’s ability to practise medicine or a particular aspect thereof;

F5[“relevant profession” means any of the following professions:

• (a) dentist;

• (b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 ;

• (c) medical practitioner;

• (d) midwife;

• (e) nurse;

• (f) pharmacist;]

“remove”, in relation to the registration of a medical practitioner, means to delete the practitioner’s name from the register pursuant to section 52(2) or (6), 55(1) or 79(1);

“restore”, in relation to the registration of a medical practitioner, means to re-enter the practitioner’s name in the register pursuant to section 52(5), 80 or 81(2) or a decision confirmed or given under section 54(4) or 83(3);

F5[“restriction” includes a condition;]

“committee” means a committee established under section 20(2)(a) or (b);

“Specialist Division” means that division of the register referred to in section 43(2)(b);

“statement of strategy” means a statement of strategy prepared pursuant to section 13(1);

F9[“Supervised Division” means that division of the register referred to in section 43(2)(e);]

“third country” means a state other than the State or a Member State;

“Trainee Specialist Division” means that division of the register referred to in section 43(2)(c);

“unregistered medical practitioner” means a medical practitioner who is not registered;

“visiting EEA practitioner” means a medical practitioner who falls within section 50(1);

“Visiting EEA Practitioners Division” means that division of the register referred to in section 43(2)(d).

3. Repeals and revocations.

3.— (1) The Acts specified in Part 1 of Schedule 1 are repealed.

• (2) The statutory instruments specified in Part 2 of Schedule 1 are revoked.

PART 2 Continuance in being of Council and object and functions of Council, etc.

4. Continuance in being of Council.

4.— F15[(1) Notwithstanding the repeal of section 6 of the Act of 1978 by section 3, the body known as Comhairle na nDochtúirí Leighis, or in the English language as the Medical Council, established by that section of that Act shall continue in being.]

• F16[(1A) Subject to subsections (5) to (7), anything commenced but not completed by the Council, or the committee established under section 13(2)(b) of the Act of 1978, before the commencement of this subsection may be carried on and completed by the Council (with its membership as constituted under this Act) or that committee (with its membership as constituted under section 13 of the Act of 1978), as the case requires, after such commencement in accordance with the Acts specified in Part 1 of Schedule 1 and the statutory instruments specified in Part 2 of that Schedule notwithstanding the repeal and revocation of those Acts and those statutory instruments or any provisions of them by section 3.]

• (2) The Council is a body corporate with perpetual succession and an official seal and with power—

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

• (b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

• (3) The Council may, subject to the provisions of this Act, regulate its own procedure.

• (4) Schedule 2 applies to the Council.

• F17[(5) A person who is a member of the committee referred to in subsection (1A) but who ceases to be a member of the Council under section 17(9)(b) shall, notwithstanding that cesser of membership of the Council, be deemed for the purposes of subsection (1A) to satisfy the requirements of section 13 of the Act of 1978 relating to the membership of that committee.]

• F18[(5A) The committee referred to in subsection (1A) shall be deemed, for the purposes of that subsection, to satisfy the requirements of paragraphs (a) and (b) of section 13(6) of the Act of 1978 relating to its membership even if it ceases to satisfy those requirements by reason of the cesser of membership of one or more of its members.]

• (6) F19[Where pursuant to subsection (1A)] the Council may take any relevant action in respect of the registration of a medical practitioner, then the Council may take the equivalent action under this Act and—

• (a) in the case of equivalent action falling within paragraph (a) of the definition of “equivalent action”, section 81 shall apply to the equivalent action accordingly,

• (b) in the case of equivalent action falling within paragraph (c) of the definition of “equivalent action”—

• (i) paragraph (c) of the definition of “relevant conditions” in section 2 shall be construed to include the equivalent action accordingly, and

• (ii) sections 43(6) and 82 shall apply to the equivalent action accordingly.

• (7) In subsection (6)—

“equivalent action”, in relation to the registration of a medical practitioner, means—

• (a) in the case of paragraph (a) of the definition of “relevant action”, the cancellation of the registration pursuant to a decision referred to in section 78(3),

• (b) in the case of paragraph (b) of the definition of “relevant action”, the suspension of the registration pursuant to a decision referred to in section 78(3),

• (c) in the case of paragraph (c) of the definition of “relevant action”, the attachment of conditions to the registration pursuant to a decision referred to in section 78(1);

“relevant action”, in relation to the registration of a medical practitioner, means any action under Part V of the Act of 1978 pursuant to which the Council may—

• (a) erase the practitioner’s name from the General Register of Medical Practitioners or the Register of Medical Specialists,

• (b) give effect to a decision of the Council that during a period of specified duration the registration of the practitioner’s name in a register referred to in paragraph (a) shall not have effect, or

• (c) attach conditions to the retention of the practitioner’s name in a register referred to in paragraph (a).

5. Seal of Council.

5.— (1) The seal of the Council shall be authenticated by—

• (a) the signature of the President of the Council or another member of the Council authorised by the Council to act in that behalf, and

• (b) the signature of a member of the staff of the Council authorised by the Council to act in that behalf.

• (2) Judicial notice shall be taken of the seal of the Council and, accordingly, every document—

• (a) purporting to be an instrument made by the Council, and

• (b) purporting to be sealed with the seal of the Council authenticated in accordance with subsection (1),

shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is proved.

6. Object of Council.

6.— The object of the Council is to protect the public by promoting and better ensuring high standards of professional conduct and professional education, training and competence among registered medical practitioners.

7. Functions of Council.

7.— (1) The Council shall—

• (a) do all things necessary and reasonable to further its object, and

• (b) perform its functions in the public interest.

• (2) Without prejudice to the generality of subsection (1), the Council shall—

• (a) establish and maintain the register,

• (b) establish procedures and criteria for registration including the issue of certificates of registration and renewal of registration,

• F20[(ba) approve posts for the purposes of section 50A, ]

• (c) approve programmes of education and further education necessary for the purposes of registration and continued registration,

• (d) keep the programmes referred to in paragraph (c) under review,

• (e) specify the standards required for the purposes of the maintenance of the professional competence of registered medical practitioners,

• (f) keep the standards referred to in paragraph (e) under review,

• (g) act as the competent authority for the purposes of—

• (i) the mutual recognition of medical qualifications F21[under the Regulations of 2017],

• (ii) all matters referred to in Directive 2005/36/EC which relate to the role of a competent authority for the purposes of the recognition of professional qualifications of medical practitioners,

• (h) enter into agreements, with bodies in third countries that are duly authorised to perform functions in third countries that correspond to the functions of the Council, in relation to—

• (i) the recognition by the Council, for the purposes of registration, of degrees, diplomas and other qualifications relating to the practice of medicine awarded in third countries,

• (ii) the recognition by such bodies, for the purposes of authorisation to practise medicine in third countries, of degrees, diplomas and other qualifications relating to the practice of medicine awarded in the State,

• (i) specify standards of practice for registered medical practitioners, including the establishment, publication, maintenance and review of appropriate guidance on all matters related to professional conduct and ethics for registered medical practitioners,

• (j) establish committees to inquire into complaints,

• (k) make decisions and give directions under Part 9 relating to the imposition of sanctions on registered medical practitioners,

• (l) advise the public on all matters of general interest relating to the functions of the Council, its area of expertise and other matters of interest to the public relating to the practice of medicine and medical practitioners, including public advertisement of the object, functions and contact details of the Council from time to time, and

• (m) perform any other function conferred on it by any other provision of this Act or of any other enactment.

• (3) Without prejudice to the generality of subsection (2)(i), the Council’s function under that subsection shall include standards of practice relating to advertising by registered medical practitioners, or classes of registered medical practitioners, and, in connection therewith, the disclosure of appropriate information relating to the fees to be charged for the medical services the subject of such advertising.

• (4) The Council shall, in performing its functions, have regard to—

• (a) functions performed by other bodies that are similar or ancillary to the functions that the Council performs,

• (b) the need to co-operate with and co-ordinate its activities with those of other public authorities or bodies (in particular, the Health Service Executive) if the performance of their functions affects or could affect the health of the public,

• (c) the need to promote efficiencies in the delivery of specialist training and intern training through the development of standard practices,

• (d) the policies and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the Council,

• (e) the resources, wherever originating, that are available to it for the purpose of performing its functions, and

• (f) the need to secure the most beneficial, effective and efficient use of those resources.

• (5) The Council has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions F22[, including the making of arrangements with any person to assist the Council or a committee in the proper discharge of any of the Council’s or committee’s (as the case may be) functions].

• (6) The Minister, or a person authorised by the Minister to give a notice under this subsection, may by notice in writing given to the Council require the Council to provide the Minister or that person, as the case may be, with such information in relation to the performance of the Council’s functions as is specified in the notice and within the period specified in the notice (being a period reasonable in the circumstances).

• (7) The Council shall comply with a notice given to it under subsection (6) except to the extent that it is prohibited from doing so by another provision of this Act.

• (8) Nothing in this section shall be construed as restricting the power of any Minister of the Government to make regulations under section 3 of the European Communities Act 1972.

8. Conferral of additional functions on Council.

8.— (1) The Minister may by order—

• (a) confer on the Council such additional functions connected with—

• (i) registered medical practitioners, their education and training and the practice of medicine by medical practitioners, or

• (ii) the implementation of any directive or regulation of the European Union concerning the practice of medicine, medical practitioners who practise medicine and the recognition of qualifications of medical practitioners exercising their right to freedom of movement within the European Union,

as the Minister thinks fit, and

• (b) make such provisions as the Minister considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of additional functions on the Council.

• (2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

• (3) Nothing in this section shall be construed as restricting the power of any Minister of the Government to make regulations under section 3 of the European Communities Act 1972.

9. Ministerial directions to Council.

9.— (1) The Minister may give general policy directions in writing to the Council in relation to the performance by the Council of its functions except any such functions—

• (a) relating to the professional conduct and ethics of registered medical practitioners, or

• (b) under any of Parts 7, 8 and 9.

• (2) Nothing in directions given under subsection (1) is to be construed to prevent the Council from, or to limit the Council in, performing its functions.

10. Immunity.

10.— (1) No person to whom this subsection applies, acting in good faith, shall be personally liable in any civil proceedings for any act done or default made in the performance or purported performance of any function under this Act.

• (2) The persons to whom subsection (1) applies are—

• (a) the members and former members of the Council,

• (b) the members and former members of any committee,

• (c) the chief executive officer and any former chief executive officer,

• F26[(d) the staff and former staff of the Council,

• (e) the persons who, before the commencement of section 6 of the Regulated Professions (Health and Social Care) (Amendment) Act 2023, had been previously appointed under section 58(1),]

• F27[(f) the persons with whom the Council has made an arrangement under section 7(5),

• (g) the authorised officers and former authorised officers, and

• (h) the persons appointed or formerly appointed under section 58(1)(b).]

11. Council’s power to make rules.

11.— (1) Subject to subsections (3), (4) and (5), the Council—

• (a) may make rules for the purposes of the better operation of any provision of this Act, or

• (b) at the request in writing of the Minister and in accordance with the request, shall make rules for the purposes of the better operation of any provision of this Act.

• (2) Without prejudice to the generality of subsection (1), the Council may make rules under this section in relation to—

• (a) the establishment, membership, functions and procedures of committees,

• (b) the form and manner in which the register and its divisions are to be maintained,

• (c) the details relating to medical practitioners that, in addition to their names, are to be entered in the register or their certificates of registration or both,

• F28[(ce) permits for the purposes of section 38B(3),]

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

• (e) the receiving and recording of evidence by section 20(2) committees,

• (f) the receiving of submissions by section 20(2) committees,

• F29[(g) subject to subsection (3A), the establishment, membership, functions and procedures of subcommittees of committees, including—

• (i) in the case of the Pre liminary Proceedings Committee, subcommittees to give initial consideration to complaints on behalf of that Committee, and

• (ii) in the case of the Fitness to Practise Committee, subcommittees inquiring, on behalf of that Committee, into complaints referred to that Committee,]

• (h) the setting of criteria for assessing applications for registration in the Specialist Division,

• (i) the specification of examinations for the purposes of subparagraph (i) of section 46(b),

• (j) the specification of grounds for the purposes of subparagraph (ii) of section 46(b),

• (k) the grounds on which subparagraph (iv) of section 46(b) shall not apply to a medical practitioner due to the unfeasibility of a document referred to in that subparagraph being produced in respect of that practitioner,

• (l) the grounds on which paragraph (c) of section 48(2) or (3) shall not apply to a medical practitioner due to the unfeasibility of a document referred to in that paragraph being produced in respect of that practitioner,

• (m) the specification of examinations for the purpose of subparagraph (i) of section 48(3)(a),

• (n) the specification of grounds for the purposes of subparagraph (ii) of section 48(3)(a),

• (o) the specification of examinations for the purposes of subparagraph (i) of section 48(4)(a),

• (p) the specification of grounds for the purposes of subparagraph (ii) of section 48(4)(a),

• (q) the specification of requirements for the purposes of paragraph (c) of section 48(4),

• (r) the specification of—

• (i) a period or periods,

• (ii) a hospital, health institution, clinic, general medical practice, or other health service setting,

for the purposes of subsection (3) of section 49,

• F30[(ra) the setting of criteria for assessing applications for registration, in the Supervised Division, in respect of which different criteria shall be set in relation to different classes of posts,

• (rb) the specification of examinations and assessments for the purposes of enabling a practitioner who has applied or intends to apply for registration in the Supervised Division to satisfy the Council that the criteria set in rules made under paragraph (ra) have been met, ]

• (s) the setting of criteria that the Council shall consider under section 81 for the restoration of a medical practitioner’s registration,

• (t) the setting of criteria for the purposes of section 88(2)(a),

• (u) the setting of criteria for the purposes of section 88(3)(a) or (4)(a),

• (v) the setting of criteria, in relation to each medical specialty recognised under section 89(1), for the purposes of section 89(3),

• F31[(va) the evidence to be submitted to the Council by a medical practitioner to satisfy the Council that the minimum level of indemnity (if any) applicable to him or her is in place and the manner in which all or part of that evidence may be displayed for the purposes of section 43(7A),]

• (w) the setting of criteria for the purposes of section 91(4),

• (x) any professional competence scheme,

• (y) any other matter relating to the Council’s functions.

• (3) Without prejudice to the generality of subsection (2)(e) and (f), rules made under this section may specify—

• (a) the form in which and the means by which evidence or submissions may be received by section 20(2) committees, and

• (b) the conditions subject to which evidence or submissions may be received by section 20(2) committees by means of a live video link, a video recording, a sound recording or any other mode of transmission.

• F32[(3A) Without prejudice to the generality of subsection (2)(g), rules made under that subsection may provide that—

• (a) the chairperson of the Preliminary Proceedings Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(i), or

• (b) the chairperson of the Fitness to Practise Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(ii).]

• (4) Without prejudice to the generality of subsection (2)(x), rules made under this section may specify—

• (a) categories of registered medical practitioners to which a professional competence scheme applies,

• (b) definitions and descriptions of categories or ranges of activities which fall within a professional competence scheme,

• (c) obligations to be placed on medical practitioners or categories of medical practitioners specified under paragraph (a) by virtue of a professional competence scheme,

• (d) procedures to be followed by the Council and by registered medical practitioners for the purposes of a professional competence scheme (including, in the case of the Council, procedures to be followed for the purposes of the operation, administration and supervision of the professional competence scheme).

• (5) The Council shall ensure that—

• (a) a draft of any rule (including a rule revoking or amending any other rule) that it proposes to make under this section is published in the prescribed manner,

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

• (c) without prejudice to the generality of paragraph (b), a copy of the draft of the rule is given to—

• (i) the Minister,

• (ii) the Health Service Executive, and

• (iii) if the draft relates to a competence scheme, the Minister for Finance,

not later than the date on which the Council complies with paragraph (a) in respect of that draft.

• (6) Subject to subsection (7), the Council, after considering any comments on a draft of a rule published pursuant to subsection (5)(a) received before the date specified in the invitation referred to in subsection (5)(b) which relates to the draft, may—

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

• (b) decide not to make the rule.

• (7) The Council shall not make rules under this section relating to a professional competence scheme except with the consent of the Minister and the Minister for Finance.

• (8) The Council shall ensure that, as soon as is practicable after a rule is made under this section, the rule—

• (a) is published in the prescribed manner, and

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

• (9) Every rule made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which the House has sat after that rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

12. Council’s power to issue guidelines.

12.— (1) Without prejudice to the operation of section 62 or 88(2)(b) or (i), (3)(b), (4)(b) or (8), the Council may from time to time prepare, for the guidance of medical practitioners and the public, guidelines not inconsistent with this Act (including any regulations or rules made under this Act) indicating the manner in which the Council proposes to perform its functions.

• (2) The Council shall ensure that guidelines prepared by it under this section are published in the prescribed manner as soon as is practicable after the guidelines have been prepared.

PART 3 Statement of Strategy, Business Plan and Annual Report of Council

13. Council to prepare and submit statement of strategy.

13.— (1) Subject to subsections (2) to (5), the Council shall—

• (a) prepare and adopt a statement of strategy for the term of office of the Council (or, as the case requires, the remaining term of office of the Council), and

• (b) submit the statement to the Minister—

• (i) within 6 months after the commencement of this section,

• (ii) within 6 months after the appointment of a new Minister having charge of the Department of Health and Children if that Minister requests that a statement of strategy be submitted,

• (iii) within 6 months of the beginning of the term of office of each new Council appointed under section 17.

• (2) The Council shall prepare a statement of strategy in a form and manner in accordance with any directions issued by the Minister and shall ensure that the statement specifies—

• (a) the key objectives of the Council for the period to which the statement relates and the strategies for achieving those objectives,

• (b) the manner in which the Council proposes to measure its achievement of those objectives, and

• (c) the uses for which the Council proposes to apply its resources.

• (3) The Council shall, in preparing the statement of strategy, have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Council.

• (4) The Minister may direct the Council to amend a statement of strategy submitted to the Minister if, in the Minister’s opinion, the statement—

• (a) does not contain any information required under subsection (2),

• (b) does not comply in any other respect with subsection (2), or

• (c) has been prepared without regard to the policies referred to in subsection (3).

• (5) The Council shall comply with a direction given to it under subsection (4) within the period, if any, specified in the direction, being a period reasonable in the circumstances.

• (6) The Council may amend an adopted statement of strategy and, in any such case—

• (a) subsections (2) to (5) shall, with all necessary modifications, apply to the preparation of the amended statement as they apply to a statement of strategy prepared under subsection (1), and

• (b) the Council shall adopt the amended statement and submit it to the Minister within 3 weeks of the date on which the Council adopted the amended statement.

• (7) Nothing in a statement of strategy is to be construed to prevent the Council from, or to limit the Council in, performing its functions.

14. Publication and implementation of statement of strategy.

14.— (1) The Minister shall ensure that a copy of a statement of strategy or an amended statement of strategy is laid before each House of the Oireachtas within 21 days after the statement is received by the Minister.

• (2) The Council shall ensure that, as soon as is practicable after copies of a statement of strategy or of an amended statement of strategy are laid before the Houses of the Oireachtas, the statement is published in the prescribed manner.

• (3) The Council shall submit progress reports to the Minister on the implementation of a statement of strategy or an amended statement of strategy, as the case requires—

• (a) in its annual report, and

• (b) in such other manner and at such intervals as the Minister may direct.

• (4) F39[…]

• (5) F39[…]

15. Council to prepare and forward business plan to Minister.

15.— (1) Subject to subsections (2) to (5), the Council shall—

• (a) prepare and adopt a business plan for the calendar year or other period as may be determined by the Minister, and

• (b) submit the plan to the Minister.

• (2) The Council shall prepare a business plan in a form and manner in accordance with any directions issued by the Minister (including any timescale in which the plan must be submitted to the Minister) and shall ensure that the plan—

• (a) indicates the type and volume of business to be undertaken by the Council during the period to which the plan relates,

• (b) indicates any capital plans proposed by the Council,

• (c) contains estimates of the number of staff of the Council for the period and the business to which the plan relates, and

• (d) contains any other information specified by the Minister.

• (3) The Council shall, in preparing a business plan, have regard to—

• (a) the statement of strategy in operation at that time,

• (b) any direction issued by the Minister under section 9(1), and

• (c) the policies and objectives of the Minister and the Government as they relate to the functions of the Council.

• (4) The Minister may direct the Council to amend a business plan submitted to the Minister if, in the Minister’s opinion, the plan—

• (a) does not contain any information required under subsection (2),

• (b) does not comply in any other respect with subsection (2), or

• (c) has been prepared without regard to a matter specified in subsection (3).

• (5) The Council shall comply with a direction given to it under subsection (4) within the period, if any, specified in the direction, being a period reasonable in the circumstances.

• (6) The Council shall submit to the Minister with a business plan a statement of its estimate of the income and expenditure relating to the plan that is consistent with the monies estimated to be available to the Council for the period to which the business plan relates.

• (7) The Minister shall ensure that copies of a business plan submitted to the Minister are laid before each House of the Oireachtas within 21 days after the plan is so submitted.

• (8) The Council shall ensure that, as soon as is practicable after copies of a business plan are laid before the Houses of the Oireachtas, the plan is published in the prescribed manner.

• (9) The Council may amend an adopted business plan and, in any such case—

• (a) subsections (2) to (8) shall, with all necessary modifications, apply to the preparation of the amended plan as they apply to a business plan prepared under subsection (1), and

• (b) the Council shall adopt the amended plan and submit it to the Minister within 3 weeks of the date on which the Council adopted the amended plan.

16. Council to submit annual report to Minister.

16.— (1) Subject to subsection (3), the Council shall, not later than 3 months after the end of each financial year or such further period, not exceeding 3 months, as the Minister permits, submit to the Minister a report (in this section referred to as the “annual report”) of the activities of the Council in the immediately preceding financial year.

• (2) The Minister may specify, by direction in writing to the Council, any information which is required to be included in the annual report.

• (3) The Council shall comply with a direction given to it under subsection (2).

• (4) The Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas as soon as may be after the report is received by the Minister.

PART 4 Members, Committees and Staff of Council

17. Members of Council.

17.— (1) Subject to subsections (2) to (9), the members of the Council shall be appointed by the Minister and shall consist of the following 25 persons:

• (a) 2 persons jointly nominated by the bodies approved under section 88(2)(a)(i)(II) to deliver programmes of basic medical education and training;

• (b) one registered medical practitioner nominated by the Royal College of Physicians of Ireland in relation to medical specialties;

• (c) one registered medical practitioner nominated by the Royal College of Surgeons in Ireland in relation to surgical specialties;

• (d) one registered medical practitioner nominated by the Irish College of General Practitioners in relation to general practice;

• (e) one registered medical practitioner nominated by—

• (i) subject to subparagraph (ii), the Irish Psychiatric Training Committee in relation to psychiatry,

• (ii) if a body other than that Committee is approved under section 89(3)(a)(ii) to grant evidence of the satisfactory completion of specialist training in relation to psychiatry, that body;

• (f) 6 registered medical practitioners practising medicine in the State (but excluding any visiting EEA practitioner) following their election, in accordance with regulations made under section 18, by registered medical practitioners;

• (g) one person nominated by the Royal Irish Academy who is not and never has been a medical practitioner in the State or in another jurisdiction;

• (h) 2 persons nominated by the Health Service Executive who are representative of the management of the public health sector;

• (i) one person nominated by the Minister for Education and Science, after consultation with the Higher Education Authority, who is not and never has been a medical practitioner in the State or in another jurisdiction;

• (j) one person nominated by An Bord Altranais whose name is entered in the register of nurses and midwives maintained under the Nurses Act 1985;

• (k) one person nominated by the Health and Social Care Professionals Council—

• (i) subject to subparagraph (ii), who is a registrant within the meaning of section 3 of the Health and Social Care Professionals Act 2005,

• (ii) in the absence of any such registrant, a person who is a member of a designated profession within the meaning of that section;

• (l) one person nominated by the Health Information and Quality Authority who is not and never has been a medical practitioner in the State or in another jurisdiction;

• (m) one person nominated by the Independent Hospitals Association of Ireland who is not and never has been a medical practitioner in the State or in another jurisdiction; and

• (n) 5 persons who—

• (i) are not and never have been medical practitioners in the State or in another jurisdiction, and

• (ii) have such qualifications, expertise, interests or experience as, in the opinion of the Minister, would enable them to make a contribution to the performance of the Council’s functions.

• (2) Members of the Council shall perform their functions as such in the public interest.

• (3) Only registered medical practitioners are eligible for election as the President or Vice-President of the Council in accordance with Schedule 2.

• (4) The persons appointed under subsection (1)(n) may include members of advocacy groups and users of services provided by registered medical practitioners.

• (5) The Minister shall, to the extent practicable, endeavour to ensure that there is an equitable balance between men and women in the membership of the Council.

• (6) The Minister shall ensure that, as soon as is practicable after a person is appointed as a member of the Council, a notice to that effect that includes the person’s name is published in Iris Oifigiúil.

• (7) A person is not eligible for appointment as a member of the Council, or of a committee, if the person is—

• (a) a member of either House of the Oireachtas or of the European Parliament,

• (b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

• (c) a member of a local authority.

• (8) F40[Subject to subsection (8A), the 6 registered medical practitioners] appointed under subsection (1)(f) shall consist of—

• (a) one medical practitioner registered, or able to be registered, in the Specialist Division in relation to obstetrics and gynaecology,

• (b) one medical practitioner registered, or able to be registered, in the Specialist Division in relation to anaesthesia,

• (c) one medical practitioner registered, or able to be registered, in the Specialist Division in relation to public health medicine,

• (d) one medical practitioner registered, or able to be registered, in the Specialist Division in relation to pathology or radiology,

• (e) one registered medical practitioner, not being a consultant, practising medicine in a hospital, and

• (f) one registered medical practitioner not falling within any of paragraphs (a) to (e).

• F41[(8A) The references in subsection (8) to the Specialist Division shall, for the purposes of the first election and appointment of medical practitioners under subsection (1)(f), be construed as references to the Register of Medical Specialists.]

• (9) Without prejudice to the generality of the other provisions of this Act relating to the membership of the Council—

• (a) the Minister may not refuse to appoint as a member of the Council a person nominated under subsection (1)(a), (b), (c), (d), (e), (g), (h), (i), (j), (k), (l) or (m) or elected as referred to in subsection (1)(f), and

• F42[(b) a person appointed to be a member of the Council pursuant to section 9 of the Act of 1978 shall, subject to that Act, continue to be a member of the Council until the first appointment of persons to be members of the Council pursuant to subsection (1) whereupon the person shall cease to be a member of the Council unless he or she is one of those persons so first appointed. ]

• F43[(10) Notwithstanding the appointment of persons to be members of the Council pursuant to this section, the Council may, without prejudice to section 4, perform any function assigned to it by any provision of the Act of 1978 until such provision is repealed.]

18. Elections.

18.— (1) The Minister may make regulations to specify the procedures to be followed for the purposes of an election referred to in section 17(1)(f) (including procedures preparatory to, or subsequent to, such an election).

• (2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after that regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

19. First meeting of Council under this Act.

19.— (1) The chief executive officer shall give notice in writing to the members of the Council of the time and place of the first meeting of the Council F45[following the first appointment of such members pursuant to section 17].

• (2) The Council shall meet at the time and place notified by the chief executive officer under subsection (1) for its first meeting F45[following the first appointment of members of the Council pursuant to section 17] and shall thereupon enter on its functions under this Act.

20. Committees of Council.

20.— (1) Subject to subsections (2) to (13), the Council may establish committees of the Council to perform any functions that, in the opinion of the Council, may be better or more conveniently performed by a committee and that are assigned by the Council to a committee.

• (2) Without prejudice to the generality of subsection (1), the Council shall establish—

• (a) a committee, to be known as the Preliminary Proceedings Committee, to give initial consideration to complaints, and

• (b) a committee, to be known as the Fitness to Practise Committee, to inquire into complaints,

to perform the functions under Parts 7, 8 and 9 that are respectively assigned to the committees.

• (3) Without prejudice to the generality of subsection (1), the Council may establish a committee, to be known as the Education and Training Committee, to perform such of the Council’s functions under Part 10 or section 106 as are assigned by the Council to the Committee.

• (4) Without prejudice to the generality of subsection (1), the Council may establish a committee, to be known as the Health Committee, to perform such functions as are specified by the Council in support of—

• (a) medical practitioners with relevant medical disabilities, and

• (b) medical practitioners who have given consents under F47[section 59A(1)(c) or 67(1)(c)].

• (5) Subject to subsections (7) and (8), a committee may include in its membership persons who are not members of the Council.

• (6) F46[…]

• (7) No person shall be a member of more than one section 20(2) committee.

• (8) At least one third of the members of a section 20(2) committee F46[…] shall be members of the Council.

• (9) Subject to subsection (10), at least one third of the membership of the Fitness to Practise Committee shall consist of medical practitioners.

• (10) The majority of the membership of the Fitness to Practise Committee shall consist of persons who are not medical practitioners.

• (11) The majority of the membership of a committee (except the Fitness to Practise Committee) shall consist of medical practitioners.

• (12) The acts of a committee (except a section 20(2) committee) shall be subject to confirmation by the Council unless the Council dispenses with the necessity for such confirmation.

• (13) The Council may, subject to the provisions of this Act, regulate the procedure of a committee but, subject to any such regulation, the committee may regulate its own procedure.

• (14) The members of a section 20(2) committee, in performing the functions under this Act respectively conferred on—

• (a) the members in their capacity as such members, or

• (b) the section 20(2) committee of which they are members,

shall have the same protection and immunity as a judge of the Court performing the functions of a judge.

• F48[(15)
• (a) Where the Council establishes a subcommittee of a committee, that subcommittee may perform any of the functions of that committee as if it were that committee, and every reference in this Act to that committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

• (b) Subject to paragraph (d), where a subcommittee of the Preliminary Proceedings Committee is established pursuant to rules made under section 11, that subcommittee may perform any of the functions of that Committee as if it were the Preliminary Proceedings Committee, and every reference in this Act to the Preliminary Proceedings Committee shall, unless the context otherwise requires, be construed as including a reference to the subcommittee.

• (c) Subject to paragraph (d), where a subcommittee of the Fitness to Practise Committee is established pursuant to rules made under section 11, that subcommittee may perform any of the functions of that Committee as if it were the Fitness to Practise Committee, and every reference in this Act to the Fitness to Practise Committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

• (d) Neither paragraph (b) nor (c) shall be construed as entitling a subcommittee referred to in that paragraph to itself establish a subcommittee.

• (16) Where the term of office of one or more members of a committee ends during the consideration of a matter, including the consideration of a complaint under Part 7 or 8, the Council shall decide—

• (a) that the member or members may continue in office beyond the expiration of his or her term, or their terms, for so long as is required for the committee to finish consideration of the matter,

• (b) that the committee, as constituted without that member or those members, shall continue to consider that matter provided that the committee can achieve a quorum, or

• (c) that the consideration of that matter be stopped and that a new constituted committee begin to consider the matter once the vacancy or vacancies created by the expiration of the term or terms has or have been filled,

and any decision of the committee on that matter following the Council’s decision shall be valid as if no term of office had so expired.

• (17) On the expiration of the term of office as a Council member of a person who is a member of a section 20(2) committee, that member may continue in office as a member of that committee beyond the expiration of the term so long as it is required for the committee to finish the consideration of a matter being considered by it on the date of that expiration, and the decision of the committee on that matter concerned shall be as valid as if the term of office as a member of the Council had not expired.

• (18) The Council may dissolve a committee other than a section 20(2) committee.]

21. Expenses of members of Council and committees.

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

22. Payment of allowances.

22.— (1) The Minister may, with the consent of the Minister for Finance, from time to time determine the amount of an allowance that may by paid by the Council to—

• (a) the President of the Council in respect of the President’s role as President,

• (b) a member of the Council in respect of such membership, or

• (c) a member of a committee in respect of such membership.

• (2) An allowance referred to in subsection (1) shall be paid out of the funds at the disposal of the Council.

23. Removal of members of Council from office.

23.— (1) The Minister may at any time remove a member of the Council from office if F49[, in the Minister’s opinion]—

• (a) the member has become incapable through illness of performing the functions of the office,

• (b) the member has committed stated misbehaviour,

• (c) whether or not following a review under subsection (9), F50[…] the member’s behaviour prevents the Council from, or unnecessarily hinders the Council in, performing its functions in an effective manner,

• (d) the member has contravened—

• (i) section 30, or

• (ii) an applicable provision of the Ethics in Public Office Act 1995,

or

• (e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the member.

• (2) A member of the Council ceases to hold office if the member—

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with creditors,

• (c) is convicted of an indictable offence,

• (d) is convicted of an offence involving fraud or dishonesty,

• (e) is the subject of an order under section 160 of the Companies Act 1990,

• (f) is sentenced to a term of imprisonment by a court of competent jurisdiction, or

• (g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or in another jurisdiction.

• (3) A member of the Council who does not, for a consecutive period of 6 months, attend a meeting of the Council ceases at the end of that period to hold office unless the member demonstrates to the Minister’s satisfaction that the failure to attend was due to illness.

• (4) Where the Council does not perform any function conferred on it under this Act, the Minister may, by order, direct the Council to perform that function and for that purpose to do such other things ancillary or incidental thereto as may be specified in the order.

• (5) Subject to subsection (7), where the Council fails to comply with any direction of the Minister contained in an order under subsection (4), the Minister may, by order, remove from office the members of the Council.

• (6) Subject to subsection (7), the Minister may, by order, remove all the members of the Council from office if—

• (a) the Council fails to achieve a quorum for 3 consecutive meetings,

• (b) the Council does not comply with a judgment, order or decree of any court,

• (c) the Council does not comply with a direction of the Minister or any other requirement imposed on it by or under any enactment including this Act, or

• (d) whether or not following a review under subsection (9), the Minister is satisfied that the members’ behaviour prevents the Council from, or unnecessarily hinders the Council in, performing its functions in an effective manner.

• (7) An order under subsection (5) or (6) removing the members of the Council from office shall not have effect unless—

• (a) a draft of the proposed order and a statement of the reasons for the order have been laid before the Houses of the Oireachtas, and

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

• (8) Where the Council fails to achieve a quorum for 3 consecutive meetings, the chief executive officer shall, forthwith upon the occurrence of that failure, give the Minister notice in writing of that failure.

• (9) The Minister may, if of the opinion that the Council’s functions are not being performed in an effective manner, appoint a person to—

• (a) conduct an independent review of any matter giving rise to that opinion, and

• (b) submit a report to the Minister on the results of the review.

• (10) For the purposes of a review referred to in subsection (9), the Council shall give the person conducting the review all reasonable assistance, including access to such premises, equipment and records, as the person may require for the purposes of the review.

• (11) The removal of the members of the Council from office does not revoke or otherwise affect any delegation of the Council’s functions to the chief executive officer under section 24.

• (12) An order under subsection (5) or (6) may contain such provisions as the Minister considers necessary to enable the functions of the Council to be performed notwithstanding the removal from office of its members, and any such order may, in particular, appoint a person or persons to discharge all or any of the functions of the Council.

• (13) In this section “applicable provision of the Ethics in Public Office Act 1995”, in relation to a member of the Council, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member.

24. Chief executive officer.

24.— (1) Subject to subsection (4)(a), the Council shall appoint a chief executive officer to—

• (a) carry on and manage and control generally the administration of the Council and the F53[business of the Council,]

• F54[(aa) investigate complaints, and]

• (b) perform any other functions that may be delegated by the Council.

• (2) Subject to subsection (4)(b), the chief executive officer holds office on the conditions (including those relating to remuneration, allowances and superannuation) that are determined by the Council with the prior approval of the Minister given with the consent of the Minister for Finance.

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

• (4) Notwithstanding the repeal of F51[section 16 of] the Act of 1978 by section 3, the person who was the Registrar, within the meaning of that Act, F52[immediately before that repeal] shall be deemed to be the chief executive officer of the Council—

• (a) as if, F52[on that repeal], the Council had appointed under subsection (1) the person to be the chief executive officer of the Council for the remaining period, if any, that was left to run for the person to hold the office of such Registrar F52[immediately before that repeal], and

• (b) on the same conditions (including those relating to the termination of appointment) as the person held office as such Registrar F52[immediately before that repeal],

and the other provisions of this Act shall be construed accordingly.

• F54[(5) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer may be performed, by an employee of the Council designated by the Council, for a period of not more than 6 months in any year as specified by the Council or such further period as specified by the Council with the consent of the Minister.

• (6) The chief executive officer may delegate in writing any of his or her functions to a specified member of staff of the Council, and that member of staff shall be accountable to the chief executive officer for the performance of the functions so delegated.

• (7) The chief executive officer may revoke in writing a delegation made in accordance with this section.]

25. Staff of Council.