Medical Practitioners Act 2007

• (ii) refuse to approve a body as a body which may deliver those programmes,

• (b) prepare and publish in the prescribed manner guidelines on curriculum issues and content to be included in programmes approved under paragraph (a),

• (c) prepare and publish in the prescribed manner standards required for the award of a basic medical qualification pursuant to programmes approved under paragraph (a),

• (d) monitor adherence to the criteria referred to in paragraph (a), the guidelines referred to in paragraph (b) and the standards referred to in paragraph (c),

• (e) inspect bodies approved under paragraph (a) in order to ensure ongoing compliance with the criteria referred to in that paragraph, the guidelines referred to in paragraph (b) and the standards referred to in paragraph (c),

• (f) inspect places in the State where training is provided to persons undertaking training for a basic medical qualification, for the purposes of medical education and training standards,

• (g) following inspections under paragraph (f), issue recommendations to the management of any place referred to in that paragraph on any improvements in medical education and training standards which may be required or any other issues arising from such inspections,

• (h) publish in the prescribed manner details of all inspections carried out under this subsection,

• (i) prepare and publish in the prescribed manner guidelines for bodies approved under paragraph (a) on ethical standards and behaviour appropriate for medical students pursuing a course of study leading to a basic medical qualification pursuant to programmes approved under paragraph (a), and

• (j) advise the Minister and the Minister for Education and Science on any issues relating to its functions under this subsection.

• (3) The Council shall, in relation to medical education and training for interns—

• (a) on foot of proposals received from the Health Service Executive under section 86(3)(c), and in accordance with relevant criteria specified in rules made under section 11, specify the number of intern training posts it approves for the purposes of intern training,

• (b) prepare and publish in the prescribed manner guidelines on medical education and training for interns,

• (c) advise the Health Service Executive in regard to the minimum entry criteria for posts approved under paragraph (a) in consultation with bodies approved under section 89(3)(a)(ii),

• (d) specify and publish in the prescribed manner the standards for training and experience required for the granting of a certificate of experience,

• (e) inspect places with posts approved under paragraph (a) for the purposes of monitoring adherence to guidelines referred to in paragraph (b) and the standards referred to in paragraph (d),

• (f) following inspections under paragraph (e), issue recommendations to the management of any place referred to in that paragraph on any improvements which may be required or any other issues arising from such inspections,

• (g) following prior consultation with the Minister, the Health Service Executive and the management of any place referred to in paragraph (e), and having regard to the views expressed in that consultation, remove approval from such place for the purposes of internship training where the Council considers that the guidelines referred to in paragraph (b) or the standards referred to in paragraph (d) are no longer being adhered to in respect of that place,

• (h) publish in the prescribed manner details of all inspections carried out under this subsection, and

• (i) advise the Minister on any issues relating to its functions under this subsection.

• (4) The Council shall, in relation to specialist medical education and training—

• (a) on foot of proposals received from the Health Service Executive under section 86(3)(c), and in accordance with the relevant criteria specified in rules made under section 11, specify the number and type of posts it approves for the purposes of specialist medical education and training,

• (b) prepare and publish in the prescribed manner guidelines on specialist medical education and training,

• (c) advise the Health Service Executive in regard to the minimum entry criteria for posts approved under paragraph (a) in consultation with bodies approved under section 89(3)(a)(ii),

• (d) specify and publish in the prescribed manner the standards for training and experience required for the granting of a specialist medical qualification,

• (e) inspect places with posts approved under paragraph (a) for the purposes of monitoring adherence to guidelines referred to in paragraph (b) and the standards referred to in paragraph (d),

• (f) following inspections under paragraph (e), issue recommendations to the management of any place referred to in that paragraph on any improvements which may be required or any other issues arising from such inspections,

• (g) following prior consultation with the Minister, the Health Service Executive and the management of any place referred to in paragraph (e), and having regard to the views expressed in that consultation, remove approval from such place for the purposes of specialist training where the Council considers that the guidelines referred to in paragraph (b) or the standards referred to in paragraph (d) are no longer being adhered to in respect of that place,

• (h) publish in the prescribed manner details of all inspections carried out under this subsection, and

• (i) advise the Minister on issues relating to its functions under this subsection.

• (5) Where the Council makes a decision under subsection (2)(a)(i)(II) or (ii), it shall give notice in writing (accompanied by a copy of section 90), as soon as is practicable after making the decision, to the body the subject of the decision of—

• (a) the decision,

• (b) the date on which the decision was made, and

• (c) the reasons for the decision.

• (6) F203[Without prejudice to subsection (2)(a), on the commencement of this subsection]—

• (a) a programme of basic medical education and training leading to the qualification of—

• (i) Bachelor of Medicine and Bachelor of Surgery of the National University of Ireland,

• (ii) Bachelor of Medicine and Bachelor of Surgery of the University of Dublin, or

• (iii) Licentiate of the Royal College of Physicians of Ireland and Licentiate of the Royal College of Surgeons in Ireland,

shall be deemed to be a programme of basic medical education and training approved under subsection (2)(a)(i)(I) as if, F203[on that commencement], the Council had approved such programme under that subsection, and the other provisions of this Act (including subsection (7)) shall be construed accordingly,

• (b) a body which, immediately before F203[the commencement of this subsection], delivered a programme of basic medical education and training leading to a qualification referred to in paragraph (a) shall be deemed to be a body approved under subsection (2)(a)(i)(II) in respect of such programme as if, on that commencement, the Council had so approved the body, and the other provisions of this Act (including section 17(1)(a)) shall be construed accordingly.

• (7) The Council may recognise a degree, diploma or other qualification awarded in a third country to be at least the equivalent of a qualification awarded following the satisfactory completion of a programme of basic medical education and training approved under subsection (2)(a)(i)(I).

• (8) The Council shall prepare and publish in the prescribed manner guidelines on ethical considerations to be taken into account in respect of the acceptance or otherwise of any non-Exchequer funding offered or provided in relation to medical education and training for basic and specialist medical qualifications.

• (9) The Council shall, in consultation with the Dental Council, the Health Service Executive and such other appropriate bodies as the Council thinks fit, arrange for the provision of career information to registered medical practitioners and registered dentists.

89. Training bodies and qualifications for the purposes of the Specialist and Trainee Specialist Divisions.

89.— (1) Subject to subsection (5), the Council may, with the consent of the Minister, determine the medical specialties which it recognises for the purpose of its functions under this Act.

• (2) The Council shall specify, in relation to each medical specialty recognised under subsection (1), the titles and designations of qualifications in specialised medicine granted in the State which may be required to enable a medical practitioner to secure registration in the Specialist Division in respect of that specialty.

• (3) Subject to F207[section 87], the Council shall, in relation to each medical specialty recognised under subsection (1), with the consent of the Minister and in accordance with the relevant criteria specified in rules made under section 11—

• (a) approve, approve subject to conditions attached to the approval of, amend or remove conditions attached to the approval of, or withdraw the approval of—

• (i) programmes of specialist training in relation to that medical specialty, and

• (ii) the bodies which may grant evidence of the satisfactory completion of specialist training in relation to that medical specialty,

• (b) refuse to approve a body as a body which may grant evidence of the satisfactory completion of specialist training in relation to that medical specialty.

• (4) Where the Council withdraws an approval under subsection (3) from a body referred to in that subsection, it shall, where appropriate, make every effort to approve under that subsection an alternate body.

• (5) The medical specialties recognised under subsection (1) shall include such medical specialties as may be designated as applying to the State in any Directive adopted by the Council of the European Communities relating to specialised medicine.

• (6) Where the Council makes a decision under subsection (3)(a) or (b), it shall give notice in writing (accompanied by a copy of section 90), as soon as is practicable after making the decision, to the body the subject of the decision of—

• (a) the decision,

• (b) the date on which the decision was made, and

• (c) the reasons for the decision.

• (7) Notwithstanding the repeal of F208[section 38 of] the Act of 1978 by section 3—

• (a) a specialty which was, F209[immediately before that repeal], recognised under section 38(1) of that Act shall be deemed to be a medical specialty recognised under subsection (1)—

• (i) as if, F209[on that repeal], the Council had recognised it as a medical specialty under that subsection, and

• (ii) on the same conditions as the specialty was recognised under section 38(1) of that Act F209[immediately before that repeal],

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

• (b) a body which was, F209[immediately before the repeal of section 38 of that Act, recognised under subsection (3) of that section] for the purpose of granting evidence of satisfactory completion of specialist training in relation to a specialty recognised under section 38(1) of that Act and which falls within paragraph (a) shall be deemed to be a body approved under subsection (3)(a)(ii) for the purposes of granting evidence of the satisfactory completion of specialist training in relation to that medical specialty—

• (i) as if, F209[on that repeal], the Council had approved it as such a body under that subsection, and

• (ii) on the same conditions as the body was approved under section 38(3) of that Act F209[immediately before that repeal],

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

90. Appeal to Court against Council’s decision under section 88(2)(a)(i)(II) or (ii) or 89(3)(a)(ii) or (b).

90.— (1) A body the subject of a decision made by the Council under section 88(2)(a)(i)(II) or (ii) or 89(3)(a)(ii) or (b) may, not later than 21 days after the body received notice of the decision under section 88(5) or 89(6), as the case may be, appeal to the Court against the decision.

• (2) The Court may, on the hearing of an appeal under subsection (1) by a body, consider any evidence adduced or argument made, whether adduced or made to the Council.

• (3) The Court may, on the hearing of an appeal under subsection (1) by a body—

• (a) either—

• (i) confirm the decision the subject of the appeal, or

• (ii) cancel that decision and replace it with such other decision as the Court considers appropriate,

and

• (b) give the Council such direction as the Court considers appropriate and direct how the costs of the appeal are to be borne.

• (4) The Council shall, on complying with any direction given by the Court under subsection (3), give notice in writing to the body concerned of the Council’s compliance with the direction.

PART 11 Maintenance of Professional Competence

91. Duty of Council in relation to maintenance of professional competence of registered medical practitioners.

91.— (1) It shall be the duty of the Council to satisfy itself as to the ongoing maintenance of the professional competence of registered medical practitioners.

• (2) The Council shall, not later than the 1st anniversary of the commencement of this section, or such longer period as the Minister permits in writing at the request of the Council, develop, establish and operate one or more than one scheme for the purposes of performing its duty under subsection (1).

• (3) The Council shall, in respect of a professional competence scheme—

• (a) review the operation of the scheme periodically, and

• (b) may, following such a review, make recommendations to the Minister as to the steps that, in the opinion of the Council, may need to be taken to improve the operation of the scheme.

• (4) The Council may, with the consent of the Minister and in accordance with the relevant criteria specified in rules made under section 11—

• (a) recognise, recognise subject to conditions attached to the recognition of, amend or remove conditions attached to the recognition of, or withdraw the recognition of, a body approved under section 88(2)(a)(i)(II) or 89(3)(a)(ii) with which the Council may make and carry out an arrangement with for the purposes of assisting the Council to perform its duty under subsection (1), or

• (b) refuse to recognise a body approved under section 88(2)(a)(i)(II) or 89(3)(a)(ii) as a body with which the Council may make and carry out an arrangement with for those purposes.

• (5) The Council shall monitor and assess the performance of bodies recognised under subsection (4) based on the criteria referred to in that subsection.

• (6) Where, arising from the performance of its duty under subsection (1), the Council considers that a registered medical practitioner—

• (a) who, being required under section 94(2) to co-operate with any requirements imposed on the practitioner in rules made under section 11, has refused to so co-operate, has failed to so co-operate or has ceased to so co-operate,

• (b) has contravened section 94(4),

• (c) may pose an immediate risk of harm to the public, or

• (d) may have committed a serious breach of its guidance on ethical standards and behaviour,

then the Council shall forthwith make a complaint.

• F211[(7) Where, arising from the performance of its duty under subsection (1), the Council considers that a medical practitioner registered in the General Division, the Specialist Division, the Trainee Specialist Division or the Supervised Division has been given every reasonable opportunity by the Council to improve the practitioner’s professional performance but whose professional competence is found by the Council to continue to be below the standards of competence that can reasonably be expected for continued registration in the General Division, the Specialist Division, the Trainee Specialist Division or the Supervised Division, as the case may be, then the Council may make a complaint.]

• (8) Where the Council makes a decision under subsection (4)(a) or (b), it shall give notice in writing (accompanied by a copy of section 92), as soon as is practicable after making the decision, to the body the subject of the decision of—

• (a) the decision,

• (b) the date on which the decision was made, and

• (c) the reasons for the decision.

92. Appeal to Court against Council’s decision under section 91(4)(a) or (b).

92.— (1) A body the subject of a decision made by the Council under section 91(4)(a) or (b) may, not later than 21 days after the body received notice of the decision under section 91(8), appeal to the Court against the decision.

• (2) The Court may, on the hearing of an appeal under subsection (1) by a body, consider any evidence adduced or argument made, whether adduced or made to the Council.

• (3) The Court may, on the hearing of an appeal under subsection (1) by a body—

• (a) either—

• (i) confirm the decision the subject of the appeal, or

• (ii) cancel that decision and replace it with such other decision as the Court considers appropriate,

and

• (b) give the Council such direction as the Court considers appropriate and direct how the costs of the appeal are to be borne.

• (4) The Council shall, on complying with any direction given by the Court under subsection (3), give notice in writing to the body concerned of the Council’s compliance with the direction.

93. Duty of Health Service Executive and other employers in relation to the maintenance of professional competence of registered medical practitioners.

93.— (1) The Health Service Executive shall facilitate the maintenance of professional competence of registered medical practitioners pursuant to a professional competence scheme applicable to the practitioners concerned.

• (2) An employer of a registered medical practitioner, not being the Health Service Executive, shall facilitate the maintenance of professional competence of registered medical practitioners pursuant to a professional competence scheme applicable to the practitioners concerned.

94. Duty of registered medical practitioners to maintain professional competence.

94.— (1) A registered medical practitioner shall maintain the practitioner’s professional competence on an ongoing basis pursuant to a professional competence scheme applicable to that practitioner.

• (2) A registered medical practitioner shall co-operate with any requirements imposed on the practitioner in rules made under section 11.

• (3) The Council may, by notice in writing given to a registered medical practitioner whose registration does not fall within subsection (2) but who has given an undertaking pursuant to F212[section 59A(1) or 67(1)], require the practitioner to co-operate with such an undertaking to the satisfaction of the Council.

• (4) A medical practitioner shall comply with a notice under subsection (3) given to the practitioner.

95. Confidentiality.

95.— (1) Subject to subsections (2) and (4), a person who acquires any information by virtue of the person’s performance or assistance in the performance of functions under this Act relating to any professional competence scheme shall preserve confidentiality with regard to the information and, without prejudice to the foregoing, shall not—

• (a) disclose the information to another person except where the disclosure is necessary for such performance or assistance, or

• (b) cause or permit any other person to have access to the information except where the access is necessary for that other person to perform or assist in the performance of functions under this Act (including the functions of any section 20(2) committee).

• (2) Notwithstanding subsection (1), the Council may disclose information—

• (a) in the form of a summary compiled from information provided in relation to registered medical practitioners participating in a competence scheme if the summary is so compiled as to prevent particulars relating to the identity of any such practitioners being ascertained from it,

• (b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings or any investigation in the State, or

• (c) in connection with any civil proceedings to which the Council is a party.

• (3) F213[…]

• (4) Nothing in this section shall be construed as prohibiting a disclosure of information pursuant to a court order.

• (5) A person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or both.

PART 12 Dissolution of Postgraduate Medical and Dental Board

96. Interpretation of Part 12.

96.— In this Part—

“Postgraduate Medical and Dental Board” means the board established under section 39 of the Act of 1978;

“transfer day” means the day appointed by the Minister under section 97(1) as the transfer day.

97. Transfer day and dissolution of Board.

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

• (2) The Postgraduate Medical and Dental Board is, by this Act, dissolved on the transfer day.

• (3) References to the Postgraduate Medical and Dental Board in any Act of the Oireachtas passed before the transfer day or in any instrument made before the transfer day under an Act of the Oireachtas are to be read on and after that day as references to the Health Service Executive.

98. Minister may require information from Board.

98.— (1) The Minister, may, by notice in writing given to the Postgraduate Medical and Dental Board, require the Board to provide to the Minister, either on or before the transfer day, such information in relation to the performance of the Board’s functions as is specified in the notice.

• (2) The Postgraduate Medical and Dental Board shall comply with a notice given to it under subsection (1) except to the extent that it is prohibited from doing so by another provision of the Act of 1978.

99. Transfer of staff.

99.— (1) Every person who, immediately before the transfer day, was an officer or servant of the Postgraduate Medical and Dental Board is transferred to, and becomes a member of, the Health Service Executive’s staff on the transfer day.

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

• (3) The previous service of a person transferred under this section with the Postgraduate Medical and Dental Board is to be counted as service for the purposes of, but subject to any exceptions or exclusions in—

• (a) the Redundancy Payments Acts 1967 to 2003,

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

• (c) the Organisation of Working Time Act 1997,

• (d) the Minimum Notice and Terms of Employment Acts 1973 to 2005,

• (e) the Unfair Dismissals Acts 1977 to 2005,

• (f) the Carer’s Leave Act 2001,

• (g) the Parental Leave Acts 1998 and 2006.

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

• (5) In this section—

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

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

100. Transfer of property and liabilities to Health Service Executive.

100.— (1) With effect from the transfer day, the following are transferred to the Health Service Executive:

• (a) all property (real and personal) and rights held or enjoyed immediately before that day by the Postgraduate Medical and Dental Board;

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

• (2) Without any further conveyance, transfer or assignment—

• (a) property which falls within subsection (1) vests, on the transfer day, in the Health Service Executive for all the estate, term or interest for which, immediately before that day, it was vested in the Postgraduate Medical and Dental Board, but subject to all trusts and equities affecting the property and capable of being performed,

• (b) rights which fall within subsection (1) are, on and after the transfer day, rights of the Health Service Executive, and

• (c) liabilities which fall within subsection (1) are, on and after the transfer day, liabilities of the Health Service Executive.

• (3) All monies, stocks, shares and securities transferred to the Health Service Executive by this section that, immediately before the transfer day, are in the name of the Postgraduate Medical and Dental Board, shall, at the request of the Executive, be transferred into its name.

• (4) Every right and liability transferred to the Health Service Executive by this section may, on and after the transfer day, be sued on, recovered or enforced by or against the Executive 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.

101. Preservation of certain contracts and adaptation of references.

101.— Every contract or agreement made between the Postgraduate Medical and Dental Board (or any trustee or agent acting on its behalf) and any other person, and in force immediately before the transfer day—

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

• (b) is to be read and have effect as if the name of the Health Service Executive were substituted in the contract or agreement, as the case may be, for that of the Postgraduate Medical and Dental Board or, as the case may be, any trustee or agent acting on its behalf, and

• (c) is enforceable against the Health Service Executive.

102. Pending legal proceedings.

102.— If, immediately before the transfer day, any legal proceedings to which the Postgraduate Medical and Dental Board is a party are pending, the Health Service Executive’s name shall be substituted in the proceedings for the name of that Board, and the proceedings shall not abate because of the substitution.

103. Preparation of accounts.

103.— (1) The Health Service Executive shall, as soon as is practicable after the transfer day, prepare, in such form as may be approved by the Minister, all proper and usual accounts of money received or expended by the Postgraduate Medical and Dental Board in the accounting year, or the part of an accounting year, of that Board ending immediately before the transfer day.

• (2) The Health Service Executive shall submit accounts prepared under subsection (1) to the Comptroller and Auditor General for audit.

• (3) The Health Service Executive shall, after the audit by the Comptroller and Auditor General of the accounts prepared under subsection (1), present to the Minister the audited accounts together with the Comptroller and Auditor General’s report.

• (4) The Minister shall ensure that, as soon as possible after the audited accounts and the report referred to in subsection (3) are presented to the Minister, copies of them are laid before each House of the Oireachtas.

PART 13 Miscellaneous

104. Privilege.

104.— (1) In any action for defamation, the following proceedings, reports and communications are absolutely privileged—

• (a) proceedings of a Preliminary Proceedings Committee or of the Fitness to Practise Committee under any of Parts 7, 8 and 9,

• (b) communications by the Fitness to Practise Committee under section 67,

• (c) reports of the Fitness to Practise Committee under section 69,

• (d) communications by the Council under section 70, and

• (e) any other communication made by—

• (i) a committee pursuant to any of Parts 7, 8 and 9 in performing a function of the committee, or

• (ii) the Council pursuant to any of Parts 7, 8 and 9 in performing a function of the Council.

• F214[(1A) In any action for defamation, the proceedings, reports and communications of the chief executive officer under any of Parts 7, 8 and 9 are absolutely privileged.]

• (2) Subject to subsection (4), a document which relates to a medical practitioner’s participation in a professional competence scheme, to the extent that it does so relate, shall not be admitted in evidence (whether by discovery or otherwise) in any civil proceedings except with the consent of the medical practitioner (in this section referred to as the “relevant consent”).

• (3) No witness in any civil proceedings shall be obliged or permitted to disclose, in the absence of the relevant consent—

• (a) subject to subsection (4), the contents of a document which relates to a medical practitioner’s participation in a professional competence scheme to the extent that it does so relate, or

• (b) subject to subsection (5), any deliberation, in relation to a medical practitioner’s participation in a professional competence scheme, of a person.

• (4) Neither subsection (1) nor subsection (3)(a) shall apply in the case of a document the subject of an allegation that it has not been made in good faith.

• (5) Subsection (3)(b) shall not apply in the case of a deliberation the subject of an allegation that it has not been made in good faith.

105. Investigation.

105.— (1) F215[The chief executive officer shall, at the request of the Minister, or may, of his or her] own initiative or upon a complaint made by a member of the public, investigate any case of an individual—

• (a) who, not being a registered medical practitioner, is suspected of practising or having practised medicine in contravention of a provision of this Act, or

• (b) who, not being a registered medical practitioner, is suspected of claiming or having claimed to be a registered medical practitioner in contravention of a provision of this Act.

• (2) Where the F215[chief executive officer has carried out an investigation under subsection (1), the chief executive officer shall, if he or she] has reasonable grounds to believe that the individual the subject of the investigation—

• (a) is not a registered medical practitioner, and

• (b) either—

• (i) is practising or has practised medicine in contravention of a provision of this Act, or

• (ii) is claiming or has claimed to be a registered medical practitioner,

F215[then the chief executive officer] shall report the matter forthwith to the Garda Síochána and the Minister and may seek an injunction in the High Court requiring the person to cease the activities F215[the chief executive officer reasonably] believes to be in contravention of this Act.

105A. F216[Admissibility of certain documents relating to proceedings in State or other jurisdictions.

105A.— (1) In any proceedings under this Act concerning a medical practitioner, intern or adapter, 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 medical practitioner, intern or adapter, 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—

"adapter" includes—

• (a) a person who has made an application under section 36M for registration which has not yet been determined by the Council, and

• (b) a former adapter;

"final determination", in relation to any relevant proceedings and a medical practitioner, intern or adapter, 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 practitioner, intern or adapter, 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;

"intern" includes—

• (a) a person who has made an application under section 36E for registration which has not yet been determined by the Council, and

• (b) a former intern;

"registered medical practitioner" includes—

• (a) a person who has made an application under section 45 or 50A for registration which has not yet been determined by the Council, and

• (b) a former registered medical practitioner;

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

• (a) in the State or another jurisdiction which may directly or indirectly result in the practitioner, intern or adapter—

• (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 practitioner, intern or adapter 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 practitioner, intern or adapter being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

105B. F217[Prosecution of summary proceedings.

105B.— ...]

106. Council to be licensing authority, etc., under Anatomy Act 1832.

106.— The Council—

• (a) is, by virtue of this section, authorised to—

• (i) grant a licence to practise anatomy in the State,

• (ii) appoint inspectors of places in the State where anatomy is carried on, and

• (iii) be the person to whom such inspectors shall make returns,

under and in accordance with the Anatomy Act 1832, and

• (b) shall, at the request of the Minister and as soon as is practicable after it receives the request, provide the Minister with such information concerning its functions under the Anatomy Act 1832 as the Minister specifies in the request.

107. Power to specify forms.

107.— (1) 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 under subsection (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 two 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) 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.

• (4) Without prejudice to the generality of subsection (1), the Council may—

• (a) specify a form to be completed by a registered medical practitioner in connection with the payment by the practitioner of any fee determined under section 36(1)(b),

• (b) in that form, require the practitioner to supply the Council with such information that the practitioner would have to supply the Council if the practitioner were not registered but were seeking registration (including information about any relevant medical disability).

• (5) In this section, “ relevant body ” means—

• (a) subject to paragraph (b), the Council,

• (b) in relation to a function under this Act performed by a section 20(2) committee, that committee.

108. Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

• (2) Every reference to the General Register of Medical Practitioners contained in any other enactment or statutory instrument shall F220[, on and after the register establishment day,] be construed as a reference to F221[…] the register.

• (3) Every reference to—

• (a) the Medical Council, or

• (b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2.

109. Persons entitled to sign medical certificates.

109.— (1) Subject to subsection (2), every certificate which is required for any purpose by or under any enactment or any statutory instrument to be signed by any physician, surgeon, licentiate in medicine and surgery or other medical practitioner shall, F222[on and after the repeal of section 59 of the Act of 1978], be signed by a registered medical practitioner and no such certificate signed F222[on or after that repeal] by a person who is not a registered medical practitioner shall be of any validity or effect.

• (2) Subsection (1) shall not operate to prevent a person who is not a registered medical practitioner from signing a certificate if any enactment or any statutory instrument requires or permits the person to sign the certificate in a capacity other than the capacity of physician, surgeon, licentiate in medicine and surgery or other medical practitioner and that person is of that other capacity.

• (3) In this section, “certificate” includes a prescription.

110. F223[Special measures registration having regard to Covid-19

110.— (1) A previous registrant may make an application to the Council to be registered pursuant to this section.

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

• (a) a section 110 registration as they apply to a registration in the register effected by another section of this Act, and

• (b) a section 110 registrant as they apply to a registered medical practitioner who is not a section 110 registrant.

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

• (a) a section 110 application, or

• (b) a section 110 registration or the retention of such registration.

• (4) Where a previous registrant’s name is entered in the register pursuant to a section 110 registration, the Council shall enter in the register, or cause to be entered in the register, the term ‘(section 110 registration)’ immediately after that name to indicate that his or her registration 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 pursuant to the operation of another section of this Act, whether or not his or her name is already entered in the register pursuant to a section 110 registration.

• (b) Where a previous registrant’s name is entered in the register pursuant to the operation of this Act (other than this section) when his or her name is already entered in the register pursuant to a section 110 registration, the Council shall remove from the register, or cause to be removed from the register, the latter entry at the same time as the first-mentioned entry is made.

• (c) The refusal of a section 110 registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered.

• (6)
• (a) Subject to subsection (7), each section 110 registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

• (b) The Council shall remove from the register, or cause to be removed from the register, on the date referred to in paragraph (a), or as soon as is practicable thereafter, each name that was entered in the register pursuant to a section 110 registration.

• (7)
• (a) The Minister may, by order, specify a different date for the purposes of subsection (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 and section 111(2) shall be construed, with all necessary modifications, to take account of that first-mentioned date.

• (b) Section 8(2) shall, with all necessary modifications, apply to an order made under paragraph (a) as that section applies to an order made under section 8.

• (8) In this section—

"previous registrant" means a former registered medical practitioner whose name was removed from the register;

"section 110 application" means an application under subsection (1);

"section 110 registrant" means a registered medical practitioner who is such pursuant to—

• (a) the Council’s determination of a section 110 application, or

• (b) a decision (howsoever called) of the Court arising from the Council’s determination of a section 110 application;

"section 110 registration" means a registration effected pursuant to—

• (a) the Council’s determination of a section 110 application, or

• (b) a decision (howsoever called) of the Court arising from the Council’s determination of a section 110 application.]

111. F224[Modification of operation of section 105(1)(a)

111.— (1) Subject to subsection (2), a relevant individual is not, for the purposes of section 105(1)(a), practising medicine in contravention of a provision of this Act if he or she is acting—

• (a) under the direction and control of a registered medical practitioner, or

• (b) in accordance with a direction in writing given by a registered medical practitioner to that relevant individual.

• (2) This section shall cease to have effect on the date on which a section 110 registration (within the meaning of section 110(8)) ceases to have effect pursuant to section 110(6).

• (3) In this section, "relevant individual" means—

• (a) a dentist registered under the Dentists Act 1985,

• (b) a person registered under the Health and Social Care Professionals Act 2005 to practise a profession designated under that Act,

• (c) a pharmacist or a pharmaceutical assistant registered under the Pharmacy Act 2007,

• (d) a nurse or midwife registered under the Nurses and Midwives Act 2011, or

• (e) a person registered in the register under the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000).]

112. F225[Notifications under Act

112.— (1) Where the Council, a section 20(2) committee or the chief executive officer is required or authorised under this Act to notify a registered medical practitioner, former registered medical practitioner, intern, former intern, adapter or former adapter 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 of medical practitioners, register of interns or register of adapters (as the case may be) in which his or her name is or was (as the case may be) entered.

• (2) Where the Council or the chief executive officer is required or authorised under this Act to notify a person (not being a registered medical practitioner, former registered medical practitioner, intern, former intern, adapter or former adapter) 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 with subsection (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.]

SCHEDULE 1 Repeals and Revocations

Section 3.

PART 1 Acts Repealed

PART 2 Statutory Instruments Revoked

SCHEDULE 2 Council: Membership and Meetings

Section 4(4).

Tenure of Office

F226[2. No person shall hold office as a member of the Council for more than 2 consecutive terms irrespective of the period of each of those terms (for which purpose membership of the Council which occurred before the commencement of this paragraph shall be taken into account).]

Resignations and Termination of Membership

• (a) the request is accompanied by evidence which satisfies the Minister that—

• (i) the member has been given a reasonable opportunity to make representations in writing to the Council to explain the reasons why the member has failed to comply with paragraph 12, and

• (ii) the member has failed or refused to make those representations,

or

• (b) the request is accompanied by—

• (i) evidence which satisfies the Minister that the member has been given a reasonable opportunity to make representations in writing to the Council to explain the reasons why the member has failed to comply with paragraph 12,

• (ii) copies of the representations in writing made by the member to the Council, and

• (iii) a statement by the Council that it has given due regard to those representations in writing but has reached the conclusion that they do not afford a reasonable excuse for the member’s failure to comply with paragraph 12,

and

• (c) where subparagraph (b) is applicable, the Minister is satisfied that the conclusion referred to in clause (iii) of that subparagraph is reasonable in the circumstances of the case.

Casual Vacancies

• (2) Where a casual vacancy occurs among the members of the Council appointed under section 17(1)(f), the Council, after consultation with the Minister, shall co-opt a registered medical practitioner who would, pursuant to the provisions of this Act, be eligible for election to fill such vacancy and any practitioner so co-opted shall, subject to the provisions of this Act, serve as a member of the Council for such period as is unexpired of the term of office of the person whom the practitioner so appointed replaces.

• (3) Where F227[a casual vacancy occurs among the members of the Council appointed under section 17(1)(n)], the Minister may appoint a person who would, pursuant to the provisions of this Act, be eligible to fill such vacancy and any person so appointed shall, subject to the provisions of this Act, serve as a member of the Council for such period as is unexpired of the term of office of the person whom the person so appointed replaces.

Quorum

Meetings

President and Vice-President

• (2) The President and Vice-President of the Council shall each hold office as such for such term as may be specified by the Council at the time of their respective appointments unless—

• (a) the President or Vice-President, as the case may be, ceases to be, or becomes disqualified from being, a member of the Council,

• (b) the President or Vice-President, as the case may be, resigns that office and the resignation becomes effective under this paragraph, or

• (c) the Council by a resolution, for which not less than two-thirds of the members of the Council vote, and of the intention to propose which not less than 7 days notice is given to every member of the Council, terminates the appointment of the President or Vice-President.

• (3) The President or Vice-President of the Council may at any time resign from that office by giving notice in writing signed by the President or Vice-President, as the case may be, to the Council, but the resignation shall not become effective until the meeting of the Council next held after the receipt by the Council of the notice of resignation.

• (4) Where, at an election of the President or Vice-President of the Council, there is an equality of votes for 2 or more registered medical practitioners, it shall be determined by lot which of those practitioners shall be President or Vice-President, as the case may be.

Proceedings at Meetings

• (a) may convene a meeting of the Council,

• (b) shall convene a meeting of the Council when requested to do so by a requisition signed by not less that 6 members of the Council.

• (2) Where the President or, in the absence of the President, the Vice-President of the Council, without so refusing, does not, within 7 days after the presentation of a requisition for that purpose signed by not less than 6 members of the Council, convene a meeting of the Council, any 3 members of the Council may, on the expiration of those 7 days, convene a meeting of the Council.

• (a) the President of the Council shall, if present, be the chairperson,

• (b) if and so long as the President of the Council is not present, or if the office of President is vacant, the Vice-President of the Council shall, if present, be the chairperson,

• (c) if and so long as the President of the Council is not present or the office of President is vacant and the Vice-President is not present or the office of Vice-President is vacant, the members of the Council who are present shall elect one of their number to be chairperson of that meeting.

• (2) The minutes of a meeting shall be submitted for confirmation as an accurate record at the next meeting of the Council.

• (3) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting at which they were submitted for confirmation.