Regulated Professions (Health and Social Care) (Amendment) Act 2020

Regulated Professions (Health and Social Care) (Amendment) Act 2020 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2020 Regulated Professions (Health and Social Care) (Amendment) Act 2020 Regulated Professions (Health and Social Care) (Amendment) Act 2020 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 16 of 2020 REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2020 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

Amendment of Dentists Act 1985

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

PART 3

Amendment of Health and Social Care Professionals Act 2005

Section 24

Section 25

Section 26

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

Section 41

Section 42

Section 43

Section 44

Section 45

Section 46

Section 47

Section 48

Section 49

Section 50

PART 4

Amendment of Pharmacy Act 2007

Section 51

Section 52

Section 53

Section 54

Section 55

Section 56

Section 57

Section 58

Section 59

Section 60

Section 61

Section 62

Section 63

Section 64

Section 65

Section 66

Section 67

Section 68

Section 69

Section 70

Section 71

Section 72

Section 73

Section 74

Section 75

Section 76

PART 5

Amendment of Medical Practitioners Act 2007

Section 77

Section 78

Section 79

Section 80

Section 81

Section 82

Section 83

Section 84

Section 85

Section 86

Section 87

Section 88

Section 89

Section 90

Section 91

Section 92

Section 93

Section 94

Section 95

Section 96

Section 97

Section 98

Section 99

Section 100

Section 101

Section 102

Section 103

Section 104

Section 105

Section 106

Section 107

Section 108

Section 109

Section 110

Section 111

Section 112

Section 113

Section 114

Section 115

Section 116

Section 117

Section 118

Section 119

Section 120

Section 121

Section 122

Section 123

Section 124

Section 125

Section 126

Section 127

Section 128

Section 129

Section 130

Section 131

Section 132

Section 133

Section 134

Section 135

Section 136

Section 137

Section 138

Section 139

Section 140

Section 141

Section 142

PART 6

Amendment of Nurses and Midwives Act 2011

Section 143

Section 144

Section 145

Section 146

Section 147

Section 148

Section 149

Section 150

Section 151

Section 152

Section 153

Section 154

Section 155

Section 156

Section 157

Section 158

Section 159

Section 160

Section 161

Section 162

Section 163

Section 164

Section 165

Section 166

Section 167

Section 168

Section 169

Section 170

Section 171

Section 172

Section 173

Section 174

Section 175

Section 176

Section 177

Section 178

Section 179

Section 180

Section 181

Section 182

Section 183

Section 184

Section 185

PART 7

Miscellaneous Amendments

Section 186

Section 187

Section 188

PART 1

Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Regulated Professions (Health and Social Care)(Amendment) Act 2020.

Repeals 2. (1) Sections 27 and 30 of the Dentists Act 1985 are repealed.

(2)

Section 65

of the Health and Social Care Professionals Act 2005 is repealed.

(3)

Section 49

of the Medical Practitioners Act 2007 is repealed.

PART 2

Amendment of Dentists Act 1985 Definition 3. In this Part, “Act of 1985” means the Dentists Act 1985 .

Amendment of section 2 of Act of 1985 4. Section 2 of the Act of 1985 is amended— (a) by renumbering the existing section as subsection (1), (b) in subsection (1), by the insertion of the following definitions: “‘appropriate fee’, in relation to a provision of this Act, means the fee (if any) determined under section 25 that is appropriate for the purposes of that provision; ‘condition’ includes a restriction; ‘Council 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; ‘dental practitioner qualification’ shall be construed in accordance with section 26B; ‘dental specialist qualification’ shall be construed in accordance with section 26C; ‘health or social care’, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession; ‘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; ‘restriction’ includes a condition; ‘rules’ means rules made under section 25A or deemed by subsection (7) of that section to be made thereunder;”, and (c) by the insertion of the following subsection after subsection (1): “(2) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Council of its functions under the Regulations of 2017 as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.

Amendment of section 13 of Act of 1985 5. Section 13 of the Act of 1985 is amended, in subsection (7)(b), by the insertion of “under section 25A” after “made by the Council”.

Amendment of section 25 of Act of 1985 6. Section 25 of the Act of 1985 is amended by the insertion of the following paragraphs after paragraph (a): “(aa) the recognition of a qualification (other than a professional qualification referred to in paragraph (ab)) held by a person, (ab) subject to Regulation 90(2) of the Regulations of 2017, the recognition under those Regulations of a professional qualification (within the meaning of Regulation 3 of those Regulations) as a dental practitioner or dental specialist,”.

Council’s power to make rules 7. The Act of 1985 is amended, in Part II, by the insertion of the following section after section 25: “25A. (1) Subject to subsection (3), the Council may make rules— (a) in accordance with which an election referred to in section 13(7)(b) shall be conducted, (b) specifying courses of training and examinations for the purposes of section 26B, or (c) setting criteria to be complied with by persons who wish to— (i) resume practising dentistry after not having practised dentistry for a period specified in the rules, or (ii) commence practising dentistry after not having practised dentistry previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in dentistry pursuant to which they wish to practise dentistry.

Amendment of Act of 1985 - insertion of sections 26A to 26F 8. The Act of 1985 is amended by the insertion of the following sections after section 26: “Recognition of qualification held by person 26A. (1) A person may make an application to the Council, accompanied by the appropriate fee— (a) for the recognition of a qualification, held by that person, as a dental practitioner qualification, or (b) for the recognition of a qualification, held by that person, as a dental specialist qualification.

Recognition of qualification for register 26B. (1) Subject to subsection (2), a qualification (in this Act referred to as a ‘dental practitioner qualification’) held by a person meets the requirements for recognition as a qualification for registering the person in the register if the person— (a) was, immediately before the establishment of the register, entitled to be registered in accordance with the Dentists Act 1928 but was not so registered, (b) has been awarded a primary qualification in dentistry specified in the Second Schedule, (c) has a qualification as a dental practitioner recognised under the Regulations of 2017, (d) has a qualification in dentistry from a state other than the State and has passed an examination specified in rules made for the purposes of this paragraph, or (e) has a qualification in dentistry from a state other than the State and is exempted from paragraph (d) by virtue of falling within a ground, specified in rules made for the purposes of this paragraph, for such exemption.

Recognition of qualification for Register of Dental Specialists 26C. (1) Subject to subsection (2), a qualification (in this Act referred to as a ‘dental specialist qualification’) held by a person meets the requirements for recognition as a qualification for registering the person in the Register of Dental Specialists if— (a) the specialty to which the qualification relates is a specialty recognised by the Council under section 37(1), and (b) either— (i) the person— (I) has, in the opinion of the Council, before the establishment of the Register of Dental Specialists, completed his or her training in that specialty, (II) has been granted evidence of the satisfactory completion of specialist training by a body recognised by the Council under section 37(3), or (III) satisfies the Council that he or she has completed a programme of training in specialised dentistry of a standard considered by the Council to be adequate, or (ii) the qualification is a professional qualification as a specialised dental practitioner recognised under the Regulations of 2017.

Application to be registered in register 26D. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in the register.

Application to be registered in Register of Dental Specialists 26E. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in the Register of Dental Specialists.

Notification of relevant decisions under section 26A, 26D or 26E, etc.

26F. (1) In this section, ‘relevant decision’ means a decision of the Council to— (a) refuse to recognise a qualification held by a person as a dental practitioner qualification under section 26A(2), (b) refuse to recognise a qualification held by a person as a dental specialist qualification under section 26A(3), (c) refuse to enter a person’s name in the register under section 26D(2), or (d) refuse to enter a person’s name in the Register of Dental Specialists under section 26E(2).

Amendment of section 32 of Act of 1985 9. Section 32 of the Act of 1985 is amended, in subsection (5), by the deletion of “by pre-paid post”.

Declarations by registered dentists in relation to certain matters in State or other jurisdictions, etc.

Council may request certain information concerning registered dentists from certain bodies in State or other jurisdictions 11. The Act of 1985 is amended, in Part III, by the insertion of the following section after section 33: “33A. (1) Where a registered dentist provides, or has provided, one or more than one kind of health or social care in the State or another jurisdiction, the Council may make a request in writing, accompanied by the relevant statement, to the body, duly authorised in the State or that jurisdiction, as appropriate, to regulate persons who provide that kind of health or social care in the State or that jurisdiction, to provide the Council with any information relevant to either or both of the following: (a) any material matter that has occurred in the State or that jurisdiction in relation to the dentist; (b) the dentist’s qualifications, or registration (or equivalent thereof in that jurisdiction), as a person who provides that kind of health or social care.

Amendment of section 38 of Act of 1985 12. Section 38 of the Act of 1985 is amended— (a) in subsection (1) — (i) in paragraph (b), by the substitution of “disability,” for “disability, or”, and (ii) by the insertion of the following paragraphs after paragraph (c): “(d) his or her alleged failure to comply with section 32A, (e) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or (f) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”, (b) in subsection (3) — (i) in paragraph (b) — (I) in subparagraph (ii), by the substitution of “disability,” for “disability, or”, and (II) by the insertion of the following subparagraphs after subparagraph (iii): “(iv) the alleged failure to comply with section 32A, (v) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or (vi) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”, and (ii) in paragraph (c) — (I) in subparagraph (ii), by the substitution of “disability,” for “disability, or”, and (II) by the insertion of the following subparagraphs after subparagraph (iii): “(iv) the alleged failure to comply with section 32A, (v) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, (vi) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”, (c) in subsection (4), by the deletion of “sent by pre-paid post to the address of that person as stated in the register”, and (d) in subsection (5) — (i) by the substitution of “Subject to sections 47(4) and 47A, the findings” for “The findings”, (ii) by the deletion of “, to be”, (iii) in paragraph (a), by the insertion of “to be” before “guilty”, (iv) in paragraph (b) — (I) by the insertion of “to be” before “unfit”, and (II) by the substitution of “disability,” for “disability, or”, (v) by the substitution of the following paragraph for paragraph (c): “(c) to be guilty of a failure to comply with regulations referred to in subsection (1)(c),”, and (vi) by the insertion of the following paragraphs after paragraph (c): “(d) to have failed to comply with section 32A, (e) to have a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or

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

Amendment of section 39 of Act of 1985 13. Section 39 of the Act of 1985 is amended— (a) in subsection (1) — (i) in paragraph (a) — (I) in subparagraph (ii), by the substitution of “disability,” for “disability, or”, and (II) by the insertion of the following subparagraphs after subparagraph (iii): “(iv) to be guilty of a failure to comply with section 32A, (v) to have a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or (vi) to have a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”, and (ii) in paragraph (b), by the substitution of “to the person” for “by pre-paid post sent to the person, at his address as stated in the register,”, (b) in subsection (2), by the substitution of “to the person to whom the decision relates” for “by pre-paid post to the person to whom the decision relates, at his address as stated in the register,”, (c) by the substitution of the following subsection for subsection (5): “(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.”, and (d) in subsection (6), by the substitution of “to such person” for “by pre-paid post to such person, at his address as stated in the register,” in both places that it occurs.

Amendment of section 40 of Act of 1985 14. Section 40 of the Act of 1985 is amended— (a) by the insertion of the following subsection after subsection (1): “(1A) The powers conferred by subsection (1) may be exercised in substitution for any of the powers conferred by section 42 as if the words ‘where section 42 would otherwise apply’ were substituted for the words ‘following an inquiry and report by the Fitness to Practise Committee under section 38 of this Act’ appearing in that subsection.”, (b) in subsection (2), by the substitution of “to the person to whom the decision relates” for “by pre-paid post to the person to whom the decision relates, at his address as stated in the register,”, and (c) by the substitution of the following subsection for subsection (5): “(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.”.

Amendment of section 41 of Act of 1985 15. Section 41 of the Act of 1985 is amended— (a) in subsection (1) — (i) by the substitution of “Subject to subsection (1A), the Council” for “The Council”, and (ii) by the insertion of “decide to” after “thinks fit,”, (b) by the insertion of the following subsection after subsection (1): “(1A) A decision under subsection (1) to advise, admonish or censure a person shall not take effect unless— (a) the decision is confirmed by the High Court on an application under subsection (4), or (b) the 21 days referred to in subsection (4) within which the person may apply to the High Court for the cancellation of the decision expires without the person making such application.”, and (c) by the insertion of the following subsections after subsection (2): “(3) On making a decision to exercise a power under subsection (1), the Council shall forthwith send to the person to whom the decision relates a notice in writing stating the decision, the date on which the decision was made and the reasons for the decision.

Amendment of section 42 of Act of 1985 16. Section 42 of the Act of 1985 is amended— (a) in subsection (2), by the substitution of “to the person to whom the decision relates” for “by pre-paid post to the person to whom the decision relates, at his address as stated in the register,”, (b) by the substitution of the following subsection for subsection (5): “(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.”, (c) in subsection (6), by the substitution of “to such person” for “by pre-paid post to such person, at his address as stated in the register,”, and (d) by the insertion of the following subsection after subsection (7): “(8) (a) The Registrar may, whenever he or she considers it necessary to do so for the purposes of this section, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the registered dentist the subject of the request. (b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request under paragraph (a) as soon as is practicable after receiving the request. (c) The Registrar may, whenever he or she considers it necessary to do so for the purposes of this section, request in writing that the registrar or clerk of a court which has convicted a registered dentist of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the Registrar or Council (including any committee thereof), or both, may reasonably require for the performance of his, her or its functions under this Act in relation to that dentist. (d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request. (e) In this subsection, ‘criminal record’, in relation to a registered dentist, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) of the dentist for offences (if any).”.

Amendment of section 44 of Act of 1985 17. Section 44 of the Act of 1985 is amended by the insertion of the following subsection after subsection (3): “(4) (a) Paragraph (b) applies where— (i) a registered dentist becomes the subject of an order under subsection (3), and (ii) the Council has reason to believe that— (I) the dentist is registered in another jurisdiction as a dentist, or has made an application to be registered as a dentist in another jurisdiction which has not yet been determined, and (II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council. (b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with a copy of the order and copies of other documents relevant to that order.”.

Amendment of section 47 of Act of 1985 18. Section 47 of the Act of 1985 is amended— (a) by renumbering the existing section as subsection (1), (b) in subsection (1) — (i) by the substitution of “Health Service Executive and such other persons as it thinks fit” for “Minister”, (ii) in paragraph (d), by the substitution of “this Act,” for “this Act, or”, (iii) in paragraph (e), by the substitution of “this Act, or” for “this Act,”, (iv) by the insertion of the following paragraph after paragraph (e): “(f) the advisement, admonishment or censure under section 41 of a person whose name is entered in a register maintained under this Act,”, and (v) by the substitution of “, attachment of conditions or advisement, admonishment or censure,” for “or attachment of conditions,”, and (c) by the insertion of the following subsections after subsection (1): “(2) Where it comes to the Council’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of paragraphs (a) to (f) of subsection (1) has been taken in relation to a person whose name is entered in a register maintained under this Act, the Council shall, if satisfied that it is in the public interest to do so and as soon as is practicable, give notice in writing to the Health Service Executive of the measure.

Information Council may publish in public interest 19. The Act of 1985 is amended by the insertion of the following section after section 47: “47A. (1) Subject to subsection (2), the Council shall— (a) advise the public— (i) when any measure referred to in section 47(1)(a) to (e) takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act, and (ii) if satisfied that it is in the public interest to do so, when any measure referred to in section 47(1)(f) takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act, (b) if satisfied that it is in the public interest to do so, advise the public when any measure referred to in section 47(2) in respect of a person whose name is entered in a register maintained under this Act comes to the knowledge of the Council, and (c) if satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of the Fitness to Practise Committee at an inquiry or, subject to section 38(5), publish all or any part of a report referred to in section 38(3)(c) of the Fitness to Practise Committee (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings to be identified).

Amendment of section 53 of Act of 1985 20. Section 53 of the Act of 1985 is amended, in subsection (6), by the substitution of “to the person” for “by pre-paid post to the person, at his address as stated in any register maintained by the Council under this section,”.

Amendment of section 58 of Act of 1985 21. Section 58 of the Act of 1985 is amended by the insertion of the following subsection after subsection (2): “(3) The Council may publish any register maintained by it on the Council website.”.

Admissibility of certain documents relating to proceedings in State or other jurisdictions 22. The Act of 1985 is amended by the insertion of the following sections after section 67: “67A. (1) In any proceedings under this Act concerning a registered dentist, 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.

(b) in another jurisdiction which may result in the dentist 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 dentist being convicted, in the State, for an offence triable on indictment; ‘sanction’ includes any restriction or measure.”.

Amendment of Act of 1985 - insertion of sections 70 and 71 23. The Act of 1985 is amended by the insertion of the following sections after section 69: “Power to specify form of documents 70. (1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

Notifications under Act 71. (1) Where the Council, the Fitness to Practise Committee or the Registrar is required or authorised under this Act to notify a registered dentist or former registered dentist, or an auxiliary dental worker or former auxiliary dental worker, 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 any register maintained under this Act in which his or her name is or was (as the case may be) entered.

PART 3

Amendment of Health and Social Care Professionals Act 2005 Definition 24. In this Part, “Act of 2005” means the Health and Social Care Professionals Act 2005 .

Amendment of section 3 of Act of 2005 25. Section 3 of the Act of 2005 is amended— (a) in subsection (1), by the insertion of the following definitions: “ ‘condition’ includes a restriction; ‘health or social care’, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession; ‘material matter’, in relation to a person (howsoever described), means— (a) any of the following taken by any regulatory body (whether in or outside the State) in relation to the provision of one or more than one kind of health or social care by the person— (i) the imposition of conditions on any registration or licence, (ii) the suspension, withdrawal or removal of any registration or licence, or (iii) the refusal to grant registration or a licence, or (b) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment; ‘relevant profession’ means any of the following professions: (a) dentist; (b) a designated profession; (c) medical practitioner; (d) midwife; (e) nurse; (f) pharmacist; ‘restriction’ includes a condition;”, and (b) by the insertion of the following subsection after subsection (3): “(3A) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by a registration board of its functions under the Professional Qualifications Regulations as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.

Amendment of section 10 of Act of 2005 26. Section 10 of the Act of 2005 is amended, in subsection (1), by the substitution of “otherwise” for “othereise”.

Amendment of section 27 of Act of 2005 27. Section 27 of the Act of 2005 is amended, in subsection (3), by the deletion of paragraph (e).

Amendment of section 31 of Act of 2005 28. Section 31 of the Act of 2005 is amended, in subsection (1)(fa)(i), by the substitution of the following clause for clause (II) : “(II) was awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that Institute,”.

Amendment of section 38 of Act of 2005 29. Section 38 of the Act of 2005 is amended— (a) in subsection (1), by the substitution of the following paragraph for paragraph (ca): “(ca) where the board has made a bye-law under subparagraph (i) or (ii) of section 31(1)(fa) in respect of persons who hold an approved qualification (within the meaning of section 38), satisfies the board, if the bye-law applies to him or her, that he or she has met the criteria and fulfilled the conditions specified in that bye-law,”, and (b) by the substitution of the following subsections for subsection (2F): “(2F) The Physiotherapists Registration Board shall grant registration to a person who— (a) subject to subsection (2FA), applies on or after the date on which section 6 (b) of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation and not later than 30 June 2022, to the Physiotherapists Registration Board for registration, (b) meets the requirements of paragraphs (a), (c), (d) and (e) of subsection (1), (c) where the Physiotherapists Registration Board has made a bye-law under section 31(1)(fa) in respect of persons who were awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that Institute, satisfies that Board, if the bye-law applies to him or her, that he or she has met the criteria and fulfilled the conditions specified in that bye-law, and (d) was awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that institute. (2FA) (a) Paragraph (b) applies to a person who has made an application— (i) referred to in subsection (2F)(a), as in force before the relevant commencement, on or before 31 December 2019, and (ii) which has not, before the relevant commencement, been determined by the Physiotherapists Registration Board. (b) The Physiotherapists Registration Board may, on or after the relevant commencement, determine the application without the person having to make a further application referred to in subsection (2F)(a). (c) Paragraph (d) applies to a person who has made an application referred to in subsection (2F)(a), as in force before the relevant commencement, on or after 1 January 2020 but before the relevant commencement. (d) The Physiotherapists Registration Board may not, on or after the relevant commencement, determine that application but without prejudice to the person’s right to make a further application referred to in subsection (2F)(a).

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

Amendment of section 40 of Act of 2005 30. Section 40 of the Act of 2005 is amended by the insertion of the following subsections after subsection (2): “(3) Subsection (4) applies where a registration board has— (a) removed from its register the name of a registrant pursuant to a direction under subsection (1), or (b) restored the name of a person to its register pursuant to subsection (2).

Amendment of section 40A of Act of 2005 31. Section 40A of the Act of 2005 is amended— (a) by the substitution of the following subsection for subsection (1): “(1) A person making an application for registration as a member of a designated profession shall declare in the application— (a) whether he or she has a relevant medical disability, and (b) whether any material matter has occurred in relation to the person.”, and (b) in subsection (2) — (i) in paragraph (a), by the insertion of “or a material matter has occurred in relation to him or her” after “disability”, and (ii) in paragraph (b), by the insertion of “or material matter” after “disability”.

Declarations by registrants in relation to certain matters in State or other jurisdictions, etc.

Amendment of section 45 of Act of 2005 33. Section 45 of the Act of 2005 is amended, in subsection (1) — (a) in paragraph (e), by the insertion of “(including any material matter)” after “any matter”, and (b) in paragraph (f), by the insertion of “(including any material matter)” after “any matter”.

Council may request certain information concerning registrant from certain bodies in State or other jurisdictions 34. The Act of 2005 is amended by the insertion of the following section after section 45: “45A. (1) Where a registrant provides, or has provided, one or more than one kind of health or social care in the State or another jurisdiction, the Council or a registration board may make a request in writing, accompanied by the relevant statement, to the body, duly authorised in the State or that jurisdiction, as appropriate, to regulate persons who provide that kind of health or social care in the State or that jurisdiction, to provide the Council or registration board, as appropriate, with any information relevant to either or both of the following: (a) any material matter that has occurred in the State or that jurisdiction in relation to the registrant; (b) the registrant’s qualifications, or registration (or equivalent thereof in that jurisdiction), as a person who provides that kind of health or social care.

Amendment of section 50 of Act of 2005 35. Section 50 of the Act of 2005 is amended, in the definition of “disciplinary sanction”, by the substitution of “section 66(1)” for “section 65(1)”.

Amendment of section 52 of Act of 2005 36. Section 52 of the Act of 2005 is amended— (a) in subsection (1) — (i) in paragraph (d), by the substitution of “this Act” for “this Part”, and (ii) by the insertion of the following paragraph after paragraph (e): “(ea) the imposition on the registrant of— (i) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or (ii) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”, and (b) by the insertion of the following subsection after subsection (2): “(2A) (a) The chief executive officer (whether in his or her capacity as such or in his or her capacity as the registrar of a registration board) may, in relation to a complaint heard, being heard or to be heard by a committee of inquiry, whenever he or she considers it necessary to do so, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the registrant the subject of the complaint that the committee may reasonably require for the performance of its functions. (b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request under paragraph (a) as soon as is practicable after receiving the request. (c) The chief executive officer (whether in his or her capacity as such or in his or her capacity as the registrar of a registration board) may, whenever he or she considers it necessary to do so, request in writing that the registrar or clerk of a court which has convicted a registrant of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the chief executive officer or Council (including any committee thereof), or both, may reasonably require for the performance of his or her or its functions under this Act in relation to that registrant. (d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request. (e) In this subsection, ‘criminal record’, in relation to a registrant, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

) of the registrant for offences (if any).”.

Amendment of section 53 of Act of 2005 37. Section 53 of the Act of 2005 is amended— (a) in subsection (1B), by the deletion of paragraph (b), and (b) by the insertion of the following subsection after subsection (5): “(5A) Subsections (1)(c) and (2) (in so far as the last-mentioned subsection relates to the production of records) of section 59 shall apply to and in relation to the preliminary proceedings committee and the chairperson of that committee as those subsections apply to and in relation to a committee of inquiry and the chairperson of the committee of inquiry and the other provisions of section 59 (including subsections (5) to (7)) shall, with all necessary modifications, be construed accordingly.”.

Amendment of section 60 of Act of 2005 38. Section 60 of the Act of 2005 is amended by the insertion of the following subsection after subsection (3): “(4) (a) Paragraph (b) applies where— (i) a registrant becomes the subject of an order under subsection (3)(a), and (ii) the Council has reason to believe that— (I) the registrant is registered in another jurisdiction in a designated profession or has made an application to be registered in a designated profession in another jurisdiction which has not yet been determined, and (II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council. (b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with a copy of that order and copies of other documents relevant to that order.”.

Steps to be taken by Council after receiving report 39. The Act of 2005 is amended by the substitution of the following section for section 64: “64. On receiving the report of a committee of inquiry concerning a complaint against a registrant, the Council shall do one of the following: (a) if the committee finds that no allegation made by the complainant is substantiated, dismiss the complaint; (b) if the committee finds that any allegation made by the complainant against the registrant is substantiated, perform its functions under section 66 in relation to the complaint as soon as practicable.”.

Direction by Council to impose disciplinary sanction 40. The Act of 2005 is amended by the substitution of the following section for section 66: “66. (1) Subject to section 53(1A), if a committee of inquiry finds that an allegation made by a complainant against a registrant is substantiated, the Council shall, after considering the committee’s report, direct the board to impose on the registrant, as specified in the direction, one or more than one of the following disciplinary sanctions: (a) an admonishment or a censure; (b) the attachment of conditions to his or her registration, including restrictions on the practice of the designated profession by the registrant; (c) the suspension of his or her registration for a specified period; (d) the cancellation of his or her registration; (e) a prohibition from applying for a specified period for restoration to the register.

Amendment of section 67 of Act of 2005 41. Section 67 of the Act of 2005 is amended by the substitution of the following subsection for subsection (2): “(2) If the registration board was directed to impose a disciplinary sanction, the notification under subsection (1) must also specify— (a) the time allowed to the registrant for bringing an application to the Court for cancellation of the direction, and (b) in the case of a disciplinary sanction other than an admonishment or a censure, the time allowed to the Council for bringing an application to the Court for confirmation of the direction.”.

Amendment of section 68 of Act of 2005 42. Section 68 of the Act of 2005 is amended— (a) by renumbering the existing section as subsection (1), (b) in subsection (1), by the substitution of “not being” for “other than”, and (c) by the insertion of the following subsection after subsection (1): “(2) A direction under section 66 to impose a disciplinary sanction (being an admonishment or a censure) on the registrant does not take effect unless— (a) the direction is confirmed by the Court on application under section 69, or (b) the 30 days referred to in section 69(2) within which the registrant may apply to the Court for an order cancelling the direction expires without the registrant making such application.”.

Amendment of section 69 of Act of 2005 43. Section 69 of the Act of 2005 is amended— (a) in subsection (1), by the deletion of “(other than an admonishment or a censure)”, and (b) in subsection (4) — (i) in paragraph (a), by the substitution of “direction,” for “direction, and”, (ii) in paragraph (b), by the substitution of “appropriate, and” for “appropriate.”, and (iii) by the insertion of the following paragraph after paragraph (b): “(c) direct how the costs of the application are to be borne.”.

Amendment of section 70 of Act of 2005 44. Section 70 of the Act of 2005 is amended— (a) in subsection (1), by the substitution of “not being” for “other than”, and (b) in subsection (3), by the insertion of “and direct how the costs of the application are to be borne” after “to do so”.

Amendment of section 76 of Act of 2005 45. Section 76 of the Act of 2005 is amended— (a) in subsection (1), by the substitution of “notify the Health Service Executive and such other persons as the Council thinks fit” for “notify the Minister”, (b) in subsection (2), by the substitution of “, if satisfied that it is in the public interest to do so, notify the Health Service Executive” for “notify the Minister”, (c) in subsection (3), by the insertion of “(if satisfied that, in the case of an action referred to in subsection (2), it is in the public interest to do so)” after “The Council shall”, and (d) by the insertion of the following subsections after subsection (3): “(4) (a) Paragraph (b) applies where— (i) it comes to the Council’s attention that any action referred to in subsection (1) has been taken in relation to a registrant, and (ii) the Council has reason to believe that— (I) the registrant is registered in another jurisdiction in any designated profession, and (II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council in so far as that profession is concerned. (b) If the registration board concerned has not already done so, the Council shall give notice in writing to that body of that action and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with copies of documents relevant to that action (including a copy of the report concerned referred to in section 63(1) ).

Amendment of section 77 of Act of 2005 46. Section 77 of the Act of 2005 is amended— (a) by renumbering the existing section as subsection (1), (b) in subsection (1) — (i) by the substitution of “shall (if satisfied that, in the case of an action referred to in paragraph (h) or (i), it is in the public interest to do so)” for “may, if satisfied that it is in the public interest to do so,”, and (ii) in paragraph (i), by the substitution of “Health Service Executive” for “Minister”, and (c) by the insertion of the following subsection after subsection (1): “(2) The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the Court arising from the performance of a function under section 69 or 70.”.

Amendment of section 78 of Act of 2005 47. Section 78 of the Act of 2005 is amended by the deletion of paragraph (d).

Information Council may publish in public interest 48. The Act of 2005 is amended by the substitution of the following section for section 78A: “78A. The Council shall, if it is satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of a committee of inquiry at an inquiry or publish all or any part of a report referred to in section 63(1) of that committee (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings concerned to be identified).”.

Notifications under Act 49. The Act of 2005 is amended by the substitution of the following section for section 94: “94. (1) Where the Council, a registration board, a preliminary proceedings committee, a committee of inquiry or the chief executive officer is required or authorised under this Act to notify a person (being a registrant or former registrant) of a decision or other matter concerning the person, the notification shall be sent by pre-paid post or electronically to him or her at the address stated in the register in which his or her name is or was (as the case may be) entered.

Amendment of Act of 2005 - insertion of sections 99 and 100 50. The Act of 2005 is amended by the insertion of the following sections after section 98: “Admissibility of certain documents relating to proceedings in State or other jurisdictions 99. (1) In any proceedings under this Act concerning a relevant person, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

(b) in another jurisdiction which may result in the relevant person being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or (c) in the State which may result in the relevant person being convicted, in the State, for an offence triable on indictment; ‘sanction’ includes any restriction or measure.

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

PART 4

Amendment of Pharmacy Act 2007 Definition 51. In this Part, “Act of 2007” means the Pharmacy Act 2007 .

Amendment of section 2 of Act of 2007 52. Section 2 of the Act of 2007 is amended— (a) in subsection (1), by the insertion of the following definitions: “‘condition’ includes a restriction; ‘health or social care’, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession; ‘inspect’ includes search; ‘partner’ shall be construed in accordance with the Partnership Act 1890 ; ‘record’ includes, in addition to a record in writing— (a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form, (b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and (c) a photograph, and any reference to a copy of a record includes— (i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein, (ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied therein, and (iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction; ‘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; ‘restriction’ includes a condition; ‘this Act’ includes a statutory instrument made under this Act;”, and (b) by the insertion of the following subsection after subsection (5): “(6) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Council of its functions under the Professional Qualifications Regulations as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.

Amendment of section 7 of Act of 2007 53.Section 7 of the Act of 2007 is amended in subsection (1) — (a) by the insertion of “and pharmaceutical assistants” after “pharmacists” in paragraph (d), and (b) by the substitution of the following paragraph for paragraph (e): “(e) to— (i) supervise compliance with this Act, and (ii) supervise compliance by pharmacists, pharmaceutical assistants and pharmacy owners in their respective capacities as such, with— (I) the Poisons Acts 1961 and 1977, (II) the Misuse of Drugs Acts 1977 to 2017, (III) the Animal Remedies Acts 1993 and 2006, (IV) the Irish Medicines Boards Acts 1995 and 2006, (V) the Health (Pricing and Supply of Medical Goods) Act 2013 , (VI) any statutory instrument made under any of those Acts, and (VII) the European Communities (Animal Remedies) (No. 2) Regulations 2007 ( S.I. No. 786 of 2007 ), and”.

Amendment of section 11 of Act of 2007 54. Section 11 of the Act of 2007 is amended— (a) by the insertion of the following subsections after subsection (2): “(2A) The Council may make rules in relation to the specification of grounds for the purposes of section 16(2)(c) after having regard to— (a) the standard of education and training required to obtain recognition as a pharmacist in the State referred to in that section for persons seeking to become pharmacists, (b) the practical experience of such persons, and (c) the continued professional development for such pharmacists. (2B) Subject to subsection (2C), the Council may, for the purposes of section 14(1)(a) (including that section as read with section 14(5)) make rules for the purposes of setting criteria to be complied with by persons who wish to— (a) resume practice as a registered pharmacist after not having so practised for a period specified in the rules, or (b) commence practice as a registered pharmacist after not having so practised previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in pharmacy pursuant to which they wish to so practise. (2C) Criteria to be complied with by persons referred to in subsection (2B) may include criteria in relation to— (a) the education or training of those persons, (b) the manner of verifying that those persons possess the relevant competencies, or (c) any other matter where, in the opinion of the Council, the specification in rules of criteria in relation to that matter is necessary or desirable for the protection of the public.”, (b) in subsection (4), by the substitution of “subsection (2), (2A), (2B) or (3)” for “subsection (2) or (3)”, and (c) in subsection (5), by the substitution of “subsection (2), (2A), (2B) or (3)” for “subsection (2) or (3)”.

Amendment of section 14 of Act of 2007 55. Section 14 of the Act of 2007 is amended, in subsection (1), by the deletion of paragraph (f).

Amendment of section 16 of Act of 2007 56. Section 16 of the Act of 2007 is amended— (a) in subsection (2) — (i) in paragraph (a), by the substitution of “Regulations,” for “Regulations, or”, (ii) in paragraph (b), by the substitution of “the State, or” for “the State.”, and (iii) by the insertion of the following paragraph after paragraph (b): “(c) he or she has a qualification in pharmacy from a state other than the State which— (i) falls within a ground prescribed for the purposes of this paragraph, and (ii) in the opinion of the Council, is of a standard not lower than the standard of that necessary for practice in the State.”, and (b) in subsection (3)(a), by the substitution of “subsection (2)(b) or (c)” for “subsection (2)(b)”.

Amendment of section 19 of Act of 2007 57. Section 19 of the Act of 2007 is amended— (a) in subsection (1) — (i) by the insertion of “(within the meaning of section 66)” after “authorised officer”, and (ii) by the insertion of “, and the provisions of Part 7 shall apply accordingly for the purposes of such inspection” after “section 18”, and (b) in subsection (2), by the insertion of “(within the meaning of section 66)” after “authorised officer”.

Amendment of Act of 2007 - insertion of sections 21B and 21C 58. The Act of 2007 is amended by the insertion of the following sections before section 22: “Declarations by registered pharmacists in relation to certain matters in State or other jurisdictions, etc.

21B. (1) Subject to subsections (2) to (4), a registered pharmacist shall, in each year, give to the Council a declaration in writing in the specified form providing particulars of any relevant proceedings that are pending or in progress.

Declarations by pharmacy owner 21C. (1) Subject to subsections (2) to (4), a pharmacy owner shall, in each year, give to the Council a declaration in writing in the specified form providing particulars of any relevant proceedings that are pending or in progress.

Council may request certain information concerning registered pharmacists from certain bodies in State or other jurisdictions 59. The Act of 2007 is amended by the insertion of the following section after section 23: “23A. (1) Where a registered pharmacist provides, or has provided, one or more than one kind of health or social care in the State or another jurisdiction, the Council may make a request in writing, accompanied by the relevant statement, to the body, duly authorised in the State or that jurisdiction, as appropriate, to regulate persons who provide that kind of health or social care in the State or that jurisdiction, to provide the Council with any information relevant to either or both of the following: (a) any material matter that has occurred in the State or that jurisdiction in relation to the pharmacist; (b) the pharmacist’s qualifications, or registration (or equivalent thereof in that jurisdiction), as a person who provides that kind of health or social care.

Amendment of section 34 of Act of 2007 60. Section 34 of the Act of 2007 is amended by the insertion of the following subsection after subsection (11): “(12) In this section, references to a pharmacy owner include references to a registered pharmacist who is a director of, or a shareholder in, a corporate body which carries on a retail pharmacy business.”.

Amendment of section 35 of Act of 2007 61. Section 35 of the Act of 2007 is amended— (a) in subsection (1) — (i) by the insertion of the following paragraphs after paragraph (eb): “(ec) a failure to comply, in his or her capacity as a registered pharmacist, with a provision of an Act or statutory instrument referred to in section 7(1)(e)(ii), (ed) the imposition on the pharmacist of— (i) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or (ii) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”, and (ii) in paragraph (f), by the deletion of “or rules made by the Council under this Act”, and (b) by the insertion of the following subsection before subsection (4): “(3B) (a) The registrar may, in relation to a complaint heard, being heard or to be heard by a committee of inquiry, whenever he or she considers it necessary to do so, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the registered pharmacist the subject of the complaint that the committee may reasonably require for the performance of its functions. (b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request under paragraph (a) as soon as is practicable after receiving the request. (c) The registrar may, whenever he or she considers it necessary to do so, request in writing that the registrar or clerk of a court which has convicted a registered pharmacist of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the registrar or Council (including any committee thereof), or both, may reasonably require for the performance of his or her or its functions under this Act in relation to that pharmacist. (d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request. (e) In this subsection, ‘criminal record’, in relation to a registered pharmacist, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) of the pharmacist for offences (if any).”.

Amendment of section 36 of Act of 2007 62. Section 36 of the Act of 2007 is amended— (a) in subsection (1) — (i) in paragraph (b), by the substitution of “(whether in the State or another jurisdiction) or has committed misconduct (whether in the State or another jurisdiction)” for “or has committed misconduct”, (ii) by the insertion of the following paragraph after paragraph (b): “(ba) the pharmacy owner— (i) has failed to comply, in his or her capacity as a pharmacy owner, with a provision of an Act or statutory instrument referred to in section 7(1)(e)(ii), or (ii) has contravened section 21C(7)(a),”, (iii) by the deletion of “or” immediately preceding paragraph (d), (iv) in paragraph (d), by the substitution of “under section 18, or” for “under section 18.”, and (v) by the insertion of the following paragraph after paragraph (d): “(e) the pharmacy owner or an employee or partner of the pharmacy owner has contravened a provision of this Act not otherwise referred to in this subsection.”, and (b) by the insertion of the following subsection after subsection (3): “(4) Section 35(3B) shall, with all necessary modifications, apply to a pharmacy owner as that section applies to a registered pharmacist within the meaning of that section.”.

Amendment of section 45 of Act of 2007 63. Section 45 of the Act of 2007 is amended by the insertion of the following subsection after subsection (5): “(6) (a) Paragraph (b) applies where— (i) a registered pharmacist becomes the subject of an order under subsection (1), and (ii) the Council has reason to believe that— (I) the pharmacist is registered in another jurisdiction as a pharmacist or has made an application to be registered as a pharmacist in another jurisdiction which has not yet been determined, and (II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council. (b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with a copy of that order and copies of other documents relevant to that order.”.

Amendment of section 46 of Act of 2007 64. Section 46 of the Act of 2007 is amended by the insertion of the following subsection after subsection (1): “(1A) If a registered pharmacist or pharmacy owner gives an undertaking or consent the subject of a request under subsection (1) by the committee of inquiry, the inquiry into the complaint shall be considered to be completed.”.

Amendment of section 48 of Act of 2007 65. Section 48 of the Act of 2007 is amended by the insertion of the following subsection after subsection (2): “(3) If the report referred to in section 47(1) follows an undertaking or consent under section 46(1), then the measures to be taken in respect of the registered pharmacist or the pharmacy owner shall be those contained in the report.”.

Amendment of section 49 of Act of 2007 66. Section 49 of the Act of 2007 is amended by the substitution of the following subsection for subsection (2): “(2) If the Council has imposed a disciplinary sanction other than a disciplinary sanction arising out of measures referred to in section 48(3), the notification under subsection (1) must also specify— (a) the time within which the registered pharmacist or pharmacy owner may apply to the High Court for cancellation of the decision, and (b) in the case of a disciplinary sanction other than an admonishment or a censure, the time within which the Council may apply to the High Court for confirmation of the decision.”.

Amendment of section 50 of Act of 2007 67. Section 50 of the Act of 2007 is amended— (a) by renumbering the existing section as subsection (1), (b) in subsection (1), by the substitution of “not being” for “other than”, and (c) by the insertion of the following subsection after subsection (1): “(2) A decision under section 48 to impose a disciplinary sanction (being an admonishment or a censure) does not take effect unless— (a) the decision is confirmed by the High Court on application under section 51, or (b) the 30 days referred to in section 51(2) within which the registered pharmacist or pharmacy owner concerned may make an application to the High Court for an order cancelling the decision expires without the registered pharmacist or pharmacy owner making such application.”.

Amendment of section 51 of Act of 2007 68. Section 51 of the Act of 2007 is amended— (a) in subsection (1), by the substitution of “a disciplinary sanction arising out of measures referred to in section 48(3)” for “an admonishment or a censure”, and (b) by the substitution of the following subsection for subsection (4): “(4) The High Court may, on an application for an order under subsection (1) — (a) make any other order it considers just, including an order confirming or modifying the decision, and (b) give the Council any direction, and direct how the costs of the application are to be borne.”.

Amendment of section 52 of Act of 2007 69. Section 52 of the Act of 2007 is amended— (a) in subsection (1), by the insertion of “(not being a decision to impose the disciplinary sanction of an admonishment or a censure)” after “decision”, and (b) by the insertion of the following subsection after subsection (4): “(5) The High Court may direct how the costs of an application under this section are to be borne.”.

Amendment of section 56 of Act of 2007 70. Section 56 of the Act of 2007 is amended— (a) in subsection (1), by the substitution of “Health Service Executive and such other persons as it thinks fit” for “Minister”, (b) in subsection (2), by the substitution of “, if satisfied that it is in the public interest to do so, notify the Health Service Executive” for “notify the Minister”, (c) in subsection (3), by the insertion of “(if satisfied that, in the case of an action referred to in subsection (2), it is in the public interest to do so)” after “shall”, and (d) by the insertion of the following subsections after subsection (3): “(4) (a) Paragraph (b) applies where— (i) it comes to the Council’s attention that any action referred to in subsection (1) has been taken in relation to a registered pharmacist, and (ii) the Council has reason to believe that— (I) the pharmacist is registered in another jurisdiction, and