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

In short

This law, the Regulated Professions (Health and Social Care) (Amendment) Act 2020, updates existing laws concerning various health and social care professions. It primarily focuses on amending previous Acts related to dentists, health and social care professionals, pharmacists, medical practitioners, and nurses and midwives.

What it regulates

Who it concerns

Key points

Legal text

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.

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  3. 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 1. Short title and commencement 2. Repeals PART 2 Amendment of Dentists Act 1985 3. Definition 4. Amendment of section 2 of Act of 1985 5. Amendment of section 13 of Act of 1985 6. Amendment of section 25 of Act of 1985 7. Council’s power to make rules 8. Amendment of Act of 1985 - insertion of sections 26A to 26F 9. Amendment of section 32 of Act of 1985 10. Declarations by registered dentists in relation to certain matters in State or other jurisdictions, etc. 11. Council may request certain information concerning registered dentists from certain bodies in State or other jurisdictions 12. Amendment of section 38 of Act of 1985 13. Amendment of section 39 of Act of 1985 14. Amendment of section 40 of Act of 1985 15. Amendment of section 41 of Act of 1985 16. Amendment of section 42 of Act of 1985 17. Amendment of section 44 of Act of 1985 18. Amendment of section 47 of Act of 1985 19. Information Council may publish in public interest 20. Amendment of section 53 of Act of 1985 21. Amendment of section 58 of Act of 1985 22. Admissibility of certain documents relating to proceedings in State or other jurisdictions 23. Amendment of Act of 1985 - insertion of sections 70 and 71 PART 3 Amendment of Health and Social Care Professionals Act 2005 24. Definition 25. Amendment of section 3 of Act of 2005 26. Amendment of section 10 of Act of 2005 27. Amendment of section 27 of Act of 2005 28. Amendment of section 31 of Act of 2005 29. Amendment of section 38 of Act of 2005 30. Amendment of section 40 of Act of 2005 31. Amendment of section 40A of Act of 2005 32. Declarations by registrants in relation to certain matters in State or other jurisdictions, etc. 33. Amendment of section 45 of Act of 2005 34. Council may request certain information concerning registrant from certain bodies in State or other jurisdictions 35. Amendment of section 50 of Act of 2005 36. Amendment of section 52 of Act of 2005 37. Amendment of section 53 of Act of 2005 38. Amendment of section 60 of Act of 2005 39. Steps to be taken by Council after receiving report 40. Direction by Council to impose disciplinary sanction 41. Amendment of section 67 of Act of 2005 42. Amendment of section 68 of Act of 2005 43. Amendment of section 69 of Act of 2005 44. Amendment of section 70 of Act of 2005 45. Amendment of section 76 of Act of 2005 46. Amendment of section 77 of Act of 2005 47. Amendment of section 78 of Act of 2005 48. Information Council may publish in public interest 49. Notifications under Act 50. Amendment of Act of 2005 - insertion of sections 99 and 100 PART 4 Amendment of Pharmacy Act 2007 51. Definition 52. Amendment of section 2 of Act of 2007 53. Amendment of section 7 of Act of 2007 54. Amendment of section 11 of Act of 2007 55. Amendment of section 14 of Act of 2007 56. Amendment of section 16 of Act of 2007 57. Amendment of section 19 of Act of 2007 58. Amendment of Act of 2007 - insertion of sections 21B and 21C 59. Council may request certain information concerning registered pharmacists from certain bodies in State or other jurisdictions 60. Amendment of section 34 of Act of 2007 61. Amendment of section 35 of Act of 2007 62. Amendment of section 36 of Act of 2007 63. Amendment of section 45 of Act of 2007 64. Amendment of section 46 of Act of 2007 65. Amendment of section 48 of Act of 2007 66. Amendment of section 49 of Act of 2007 67. Amendment of section 50 of Act of 2007 68. Amendment of section 51 of Act of 2007 69. Amendment of section 52 of Act of 2007 70. Amendment of section 56 of Act of 2007 71. Amendment of section 57 of Act of 2007 72. Amendment of section 63 of Act of 2007 73. Amendment of section 66 of Act of 2007 74. Amendment of section 67 of Act of 2007 75. Amendment of section 70 of Act of 2007 76. Amendment of Act of 2007 - insertion of sections 78 and 79 PART 5 Amendment of Medical Practitioners Act 2007 77. Definition 78. Amendment of section 2 of Act of 2007 79. Amendment of section 7 of Act of 2007 80. Amendment of section 8 of Act of 2007 81. Amendment of section 11 of Act of 2007 82. Amendment of section 12 of Act of 2007 83. Amendment of section 17 of Act of 2007 84. Amendment of section 20 of Act of 2007 85. Amendment of section 23 of Act of 2007 86. Amendment of section 24 of Act of 2007 87. Amendment of section 36 of Act of 2007 88. Registration of interns 89. Registration of adapters 90. Prohibition against practice of medicine by persons other than registered medical practitioners, etc. 91. Amendment of section 38 of Act of 2007 92. Circumstances in which persons may practise medicine 93. Amendment of section 41 of Act of 2007 94. Amendment of section 42 of Act of 2007 95. Amendment of section 43 of Act of 2007 96. Amendment of Act of 2007 - insertion of sections 44A to 44C 97. Application for registration (other than in Supervised Division) 98. Medical practitioners to be registered in General Division 99. Medical practitioners to be registered in Specialist Division 100. Medical practitioners to be registered in Trainee Specialist Division 101. Application for and registration of medical practitioners in Supervised Division 102. Amendment of section 52 of Act of 2007 103. Conditions attached to registration 104. Appeal to Court against certain decisions of Council 105. Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc. 106. Amendment of section 55 of Act of 2007 107. Council may request certain information concerning medical practitioners, etc., from certain bodies in State or other jurisdictions 108. Application of Parts 7, 8 and 9 to interns and adapters 109. Amendment of section 57 of Act of 2007 110. Amendment of section 58 of Act of 2007 111. Investigation of complaints 112. Amendment of section 59 of Act of 2007 113. Undertakings and consents 114. Amendment of section 60 of Act of 2007 115. Amendment of section 61 of Act of 2007 116. Amendment of section 63 of Act of 2007 117. Fitness to Practise Committee may order that certain information not be published 118. Amendment of section 67 of Act of 2007 119. Amendment of section 68 of Act of 2007 120. Amendment of section 69 of Act of 2007 121. Steps to be taken by Council after receiving report 122. Measures to be taken by Council after receiving report referred to in section 59A

(2)(c)
  1. Duty of Council to decide on appropriate measures to be taken
  2. Amendment of section 71A of Act of 2007
  3. Amendment of section 72 of Act of 2007
  4. Amendment of section 72A of Act of 2007
  5. Amendment of section 73 of Act of 2007
  6. Amendment of section 74 of Act of 2007
  7. Amendment of section 75 of Act of 2007
  8. Amendment of section 76 of Act of 2007
  9. Amendment of section 84 of Act of 2007
  10. Amendment of section 85 of Act of 2007
  11. Amendment of section 86 of Act of 2007
  12. Amendment of section 88 of Act of 2007
  13. Amendment of section 89 of Act of 2007
  14. Amendment of section 91 of Act of 2007
  15. Amendment of section 94 of Act of 2007
  16. Amendment of section 104 of Act of 2007
  17. Amendment of section 105 of Act of 2007
  18. Amendment of Act of 2007 - insertion of sections 105A and 105B
  19. Amendment of section 107 of Act of 2007
  20. Notifications under Act PART 6 Amendment of Nurses and Midwives Act 2011
  21. Definition
  22. Amendment of section 2 of Act of 2011
  23. Amendment of section 13 of Act of 2011
  24. Amendment of section 24 of Act of 2011
  25. Amendment of section 28 of Act of 2011
  26. Amendment of section 38 of Act of 2011
  27. Amendment of section 44 of Act of 2011
  28. Amendment of section 48 of Act of 2011
  29. Amendment of section 50 of Act of 2011
  30. Conditions attached to registration
  31. Board may refuse to register on ground that nurse, etc., is not fit and proper person to practise nursing, etc.
  32. Appeal to Court against certain decisions of Board - nurses and midwives
  33. Appeal to Court against certain decisions of Board - candidates
  34. Declarations by registered nurses, etc., in relation to certain matters in State or other jurisdictions, etc.
  35. Amendment of section 53 of Act of 2011
  36. Board may request certain information concerning registered nurses, etc., from certain bodies in State or other jurisdictions
  37. Amendment of section 55 of Act of 2011
  38. Amendment of section 56 of Act of 2011
  39. Investigation of complaints
  40. Amendment of section 57 of Act of 2011
  41. Undertakings and consents
  42. Amendment of section 58 of Act of 2011
  43. Amendment of section 59 of Act of 2011
  44. Amendment of section 61 of Act of 2011
  45. Fitness to Practise Committee may order that certain information not be published
  46. Amendment of section 65 of Act of 2011
  47. Amendment of section 66 of Act of 2011
  48. Measures to be taken by Board after receiving report referred to in section 57A
(2)(c)
  1. Amendment of section 70 of Act of 2011
  2. Amendment of section 71 of Act of 2011
  3. Amendment of section 72 of Act of 2011
  4. Amendment of section 73 of Act of 2011
  5. Amendment of section 74 of Act of 2011
  6. Amendment of section 77 of Act of 2011
  7. Amendment of section 82 of Act of 2011
  8. Amendment of section 83 of Act of 2011
  9. Amendment of section 85 of Act of 2011
  10. Amendment of section 87 of Act of 2011
  11. Amendment of section 102 of Act of 2011
  12. Amendment of section 103 of Act of 2011
  13. Admissibility of certain documents relating to proceedings in other jurisdictions
  14. Amendment of section 105 of Act of 2011
  15. Notifications under Act PART 7 Miscellaneous Amendments
  16. Amendment of section 62 of Health Act 1953
  17. Amendment of section 35 of Health Identifiers Act 2014
  18. Amendment of Children and Family Relationships Act 2015 Acts Referred to Animal Remedies Acts 1993 and 2006 Children and Family Relationships Act 2015 (No. 9) Companies Act 2014 (No. 38) Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4) Data Protection Act 2018 (No. 7) Dentists Act 1928 (No. 25) Dentists Act 1985 (No. 9) Health (Pricing and Supply of Medical Goods) Act 2013 (No. 14) Health Act 1953 (No. 26) Health Act 2004 (No. 42) Health and Social Care Professionals (Amendment) Act 2017 (No. 32) Health and Social Care Professionals Act 2005 (No. 27) Health Identifiers Act 2014 (No. 15) Irish Medicines Boards Acts 1995 and 2006 Medical Practitioners Act 2007 (No. 25) Misuse of Drugs Acts 1977 to 2017 Nurses and Midwives Act 2011 (No. 41) Partnership Act 1890 (53 & 54 Vict., c. 39) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93) Pharmacy Act 2007 (No. 20) Poisons Acts 1961 and 1977 Number 16 of 2020 REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2020 An Act to give further effect to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051 on the recognition of professional qualifications as amended by Council Directive 2006/100/EC of 20 November 20062 , Commission Regulation (EC) No. 1430/2007 of 5 December 20073 , Commission Regulation (EC) No. 755/2008 of 31 July 20084 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20085 , Commission Regulation (EC) No. 279/2009 of 6 April 20096 , Commission Regulation (EU) No. 213/2011 of 3 March 20117 , Act concerning the accession of the Republic of Croatia8 , Commission Regulation (EU) No. 623/2012 of 11 July 20129 , Council Directive 2013/25/EU of 13 May 201310 , Directive 2013/55/EU of the European Parliament and of the Council of 20 November 201311 and Commission Delegated Decision (EU) 2016/790 of 13 January 201612 and, for that purpose, to amend the Dentists Act 1985 , the Health and Social Care Professionals Act 2005 , the Pharmacy Act 2007 , the Medical Practitioners Act 2007 and the Nurses and Midwives Act 2011 ; to make provision for certain other amendments to those Acts; to make provision for certain amendments to the Health Act 1953 , the Health Identifiers Act 2014 and the Children and Family Relationships Act 2015 ; and to provide for related matters. [14th October, 2020] Be it enacted by the Oireachtas as follows: 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.
(2)This Act shall come into operation on such day or days as the Minister for Health may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. 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
  1. In this Part, “Act of 1985” means the Dentists Act 1985 . Amendment of section 2 of Act of 1985
  2. 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)— (
  1. a)to which access is readily available by members of the public, and (
  2. 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: (
  3. a)dentist; (
  4. b)a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 ; (
  5. c)medical practitioner; (
  6. d)midwife; (
  7. e)nurse; (
  8. 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): “(
  1. aa)the recognition of a qualification (other than a professional qualification referred to in paragraph (ab)) held by a person, (
  2. 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)(
  1. b)shall be conducted, (
  2. b)specifying courses of training and examinations for the purposes of section 26B, or (
  3. c)setting criteria to be complied with by persons who wish to— (
  4. i)resume practising dentistry after not having practised dentistry for a period specified in the rules, or (
  5. 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.
(2)Criteria to be complied with by persons referred to in subsection
(1)(
  1. c)may include criteria in relation to— (
  2. a)the education or training of those persons, (
  3. b)the manner of verifying that those persons possess the relevant competencies, or (
  4. c)any other matter where, in the opinion of the Council, the specification in rules made under this section of criteria in relation to that matter is necessary or desirable for the protection of the public.
(3)The Council shall ensure that a draft of any rule (including a rule revoking or amending any other rule) that it proposes to make under this section is given to the Minister.
(4)Subject to subsection
(5), the Council, after considering the comments (if any) on a draft of a rule made by the Minister before the expiration of 30 days after the date on which the draft was given to the Minister, may— (
  1. a)make the rule in the form of the draft as published or with such changes as the Council determines, or (
  2. b)decide not to make the rule.
(5)The Council shall ensure that, as soon as is practicable after a rule is made under this section, the rule— (
  1. a)is submitted for approval by the Minister, and (
  2. b)if approved by the Minister, is published in the prescribed manner and is submitted to the Minister for laying before each House of the Oireachtas.
(6)Every rule approved under subsection
(5)shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which that House sits after that rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(7)Rules referred to in section 13
(7)(b) or 27
(2)(d) and in force immediately before the commencement of section 7 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 shall, on the commencement of such section 7, be deemed to be rules made under this section and, accordingly, be liable to be amended or revoked by rules made under this section.
(8)In this section, ‘published in the prescribed manner’, in relation to any rule, means the rule— (
  1. a)is published on the Council website, and (
  2. b)is available for inspection, at the offices of the Council and at all reasonable times, by members of the public.”. 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— (
  1. a)for the recognition of a qualification, held by that person, as a dental practitioner qualification, or (
  2. b)for the recognition of a qualification, held by that person, as a dental specialist qualification.
(2)The Council shall recognise the qualification, the subject of an application under subsection
(1)(a), as a dental practitioner qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 26B.
(3)The Council shall recognise the qualification, the subject of an application under subsection
(1)(b), as a dental specialist qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 26C.
(4)The Council may, by notice in writing given to a person who has made an application under subsection
(1), request that person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application. 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— (
  1. 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, (
  2. b)has been awarded a primary qualification in dentistry specified in the Second Schedule, (
  3. c)has a qualification as a dental practitioner recognised under the Regulations of 2017, (
  4. 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 (
  5. e)has a qualification in dentistry from a state other than the State and is exempted from paragraph (
  6. d)by virtue of falling within a ground, specified in rules made for the purposes of this paragraph, for such exemption.
(2)Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a professional qualification as a dental practitioner recognised— (
  1. a)in accordance with Regulation 10 or 21 of the Regulations of 2017, (
  2. b)under Regulation 39 of the Regulations of 2017, or (
  3. c)under Part 14 of the Regulations of 2017, is a dental practitioner qualification for the purposes of this Act. 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 (
  1. b)either— (
  2. 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.
(2)Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification as a specialised dental practitioner recognised— (a) in accordance with Regulation 10 or 21 of the Regulations of 2017, (b) under Regulation 39
(2)of the Regulations of 2017, or (c) under Part 14 of the Regulations of 2017, is a dental specialist qualification for the purposes of this Act. 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.
(2)The Council shall enter the name of a person who has made an application under subsection
(1)in the register if— (
  1. a)the Council is satisfied that the person holds a dental practitioner qualification, (
  2. b)either— (
  3. i)the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary to practise as a dental practitioner in the State, or (
  4. ii)the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph
(1)of that Regulation, (
  1. c)the person satisfies the Council of his or her fitness to engage in the practice of dentistry, and (
  2. d)rules made by the Council apply to the person, the person satisfies the Council that he or she complies with the rules.
(3)The Council may, by notice in writing given to a person who has made an application under subsection
(1), request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application. 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.
(2)The Council shall enter the name of a person who has made an application under subsection
(1)in the Register of Dental Specialists if— (
  1. a)the Council is satisfied that the person holds a dental specialist qualification, (
  2. b)either— (
  3. i)the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary to practise as a dental specialist, or (
  4. ii)the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph
(1)of that Regulation, (
  1. c)the person satisfies the Council of his or her fitness to engage in the practice of a dental specialty, and (
  2. d)rules made by the Council apply to the person, the person satisfies the Council that he or she complies with the rules.
(3)The Council may, by notice in writing given to a person who has made an application under subsection
(1), request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application. 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).
(2)On making a relevant decision, 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.
(3)A person to whom a relevant decision relates may, not later than 2 months after the date on which the person was given notice of the decision pursuant to subsection
(2), apply to the High Court for the cancellation of the decision.
(4)The High Court, on the hearing of an application under subsection
(3)made by a person in relation to a relevant decision, may— (
  1. a)declare that it was proper for the Council to make the decision, (
  2. b)cancel the decision and direct the Council to, as the Court thinks appropriate— (
  3. i)recognise the qualification held by the person as a dental practitioner qualification or dental specialist qualification, or (
  4. ii)enter the name of the person in the register or the Register of Dental Specialists, or (
  5. c)cancel the decision and— (
  6. i)direct the Council to make a new decision, or (
  7. ii)give such other directions to the Council as the Court thinks proper.
(5)The High Court may direct how the costs of an application under subsection
(3)are to be borne.
(6)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 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. 10. The Act of 1985 is amended by the insertion of the following section after section 32: “32A.
(1)Subject to subsections
(2)to
(4), a registered dentist shall, in each year, give to the Council a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.
(2)If, in any year, subsection
(1)does not apply to a registered dentist because there are no particulars referred to in that subsection which he or she is required to give to the Council, the dentist shall give to the Council a declaration in writing to that effect.
(3)If, in any year subsequent to a year in which a registered dentist gave particulars referred to in subsection
(1)to the Council, there has been no material change in the matter to which the particulars relate, the dentist may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.
(4)A registered dentist shall, in each year, comply with subsection
(1),
(2)or
(3)— (
  1. a)not earlier than 2 months before he or she is required to pay, in that year, the appropriate fee determined under section 25(b), and (
  2. b)not later than the last day of that 2 months.
(5)A registered dentist shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council— (
  1. a)a declaration in writing providing particulars of the sanctions (if any) imposed on the dentist in consequence of those proceedings, or (
  2. b)if no such sanctions were so imposed, a declaration in writing to that effect.
(6)The Council may, by notice in writing given to a registered dentist who has made a declaration under this section, require the dentist to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.
(7)(a) A registered dentist shall comply with a notice under subsection
(6)given to the dentist. (b) Where the Council considers that a registered dentist has failed to comply with paragraph (a), the Council shall forthwith make an application under section 38 as regards such failure.
(8)In this section— ‘final determination’, in relation to any relevant proceedings and a registered dentist, means— (
  1. 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 dentist, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or (
  2. b)if such an appeal is made— (
  3. i)the abandonment or withdrawal of the appeal, or (
  4. ii)the determination of the appeal, whichever first occurs; ‘relevant proceedings’, in relation to a registered dentist, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the dentist is the subject— (
  5. a)in the State or another jurisdiction which may directly or indirectly result in the dentist— (
  6. i)being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or (
  7. 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, (
  8. 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 (
  9. 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.”. 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.
(2)In subsection
(1)— ‘material matter’, in relation to a registered dentist, means— (
  1. a)any of the following taken by any regulatory body (whether in or outside the State), other than the Council, in relation to the provision of one or more than one kind of health or social care by such dentist: (
  2. i)the imposition of conditions on any registration or licence; (
  3. ii)the suspension, withdrawal or removal of any registration or licence; (iii) the refusal to grant registration or a licence, or (
  4. 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; ‘registered dentist’ includes a person who has made an application under this Act to have his or her name entered in a register maintained under this Act which has not yet been determined by the Council; ‘relevant statement’, in relation to a request under subsection
(1), means a statement to the effect that any information provided to the Council, pursuant to that request, by the body to which the request is made may be used in any proceedings under this Act concerning the registered dentist the subject of the request.”. Amendment of section 38 of Act of 1985 12. Section 38 of the Act of 1985 is amended— (a) in subsection
(1)— (
  1. i)in paragraph (b), by the substitution of “disability,” for “disability, or”, and (
  2. ii)by the insertion of the following paragraphs after paragraph (c): “(
  3. d)his or her alleged failure to comply with section 32A, (
  4. 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 (
  5. 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,”, (
  6. b)in subsection
(3)— (
  1. i)in paragraph (
  2. 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): “(
  3. iv)the alleged failure to comply with section 32A, (
  4. 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 (
  5. 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 (
  6. ii)in paragraph (
  7. 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): “(
  8. iv)the alleged failure to comply with section 32A, (
  9. 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, (
  10. 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,”, (
  11. 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”, (
  1. ii)by the deletion of “, to be”, (iii) in paragraph (a), by the insertion of “to be” before “guilty”, (
  2. iv)in paragraph (
  3. b)— (I) by the insertion of “to be” before “unfit”, and (II) by the substitution of “disability,” for “disability, or”, (
  4. v)by the substitution of the following paragraph for paragraph (c): “(
  5. c)to be guilty of a failure to comply with regulations referred to in subsection
(1)(c),”, and (
  1. vi)by the insertion of the following paragraphs after paragraph (c): “(
  2. d)to have failed to comply with section 32A, (
  3. 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 (
  4. 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— (
  5. a)in subsection
(1)— (
  1. i)in paragraph (
  2. 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): “(
  3. iv)to be guilty of a failure to comply with section 32A, (
  4. 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 (
  5. 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 (
  6. 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,”, (
  7. 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)— (
  1. i)by the substitution of “Subject to subsection (1A), the Council” for “The Council”, and (
  2. ii)by the insertion of “decide to” after “thinks fit,”, (
  3. 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.
(4)A person to whom a decision under this section relates may, not later than 21 days after the date on which the person was given notice of the decision, apply to the High Court for the cancellation of the decision.
(5)The High Court, on the hearing of an application under subsection
(4)made by a person in relation to a decision under this section, may— (
  1. a)declare that it was proper for the Council to make the decision, (
  2. b)cancel the decision, or (
  3. c)cancel the decision and— (
  4. i)direct the Council to make a new decision, or (
  5. ii)give such other directions to the Council as the Court thinks proper.
(6)The High Court may direct how the costs of the application are to be borne.”. 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)(
  1. 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. (
  2. b)The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request under paragraph (
  3. a)as soon as is practicable after receiving the request. (
  4. 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. (
  5. d)The registrar or clerk of the court concerned the subject of a request under paragraph (
  6. c)shall comply with the request as soon as is practicable after receiving the request. (
  7. 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)(
  1. a)Paragraph (
  2. b)applies where— (
  3. i)a registered dentist becomes the subject of an order under subsection
(3), and (
  1. 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. (
  2. 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— (
  3. a)by renumbering the existing section as subsection
(1), (b) in subsection
(1)— (
  1. i)by the substitution of “Health Service Executive and such other persons as it thinks fit” for “Minister”, (
  2. 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,”, (
  3. iv)by the insertion of the following paragraph after paragraph (e): “(
  4. f)the advisement, admonishment or censure under section 41 of a person whose name is entered in a register maintained under this Act,”, and (
  5. v)by the substitution of “, attachment of conditions or advisement, admonishment or censure,” for “or attachment of conditions,”, and (
  6. 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.
(3)The Council shall (if satisfied that, in the case of a measure referred to in subsection
(2), it is in the public interest to do
  1. so)give notice in writing to an employer (other than the Health Service Executive) where— (
  2. a)it comes to the Council’s attention that any measure referred to in subsection
(1)or
(2)has been taken in relation to a person whose name is entered in a register maintained under this Act employed by the employer, and (b) the employer’s name is known to the Council.
(4)(
  1. a)Paragraph (
  2. b)applies where— (
  3. i)it comes to the Council’s attention that any measure referred to in subsection
(1)has been taken in relation to a person whose name is entered in a register maintained under this Act, and (
  1. ii)the Council has reason to believe that— (I) the person is registered in another jurisdiction, and (II) that measure 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. (
  2. b)The Council shall give notice in writing to that body of that measure and may, and notwithstanding any provision of the Directive (within the meaning of Regulation 3 of the Regulations of 2017) or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 38
(3)(c)).
(5)(
  1. a)Paragraph (
  2. b)applies where— (
  3. i)it comes to the Council’s attention that any measure referred to in subsection
(2)has been taken in relation to a person whose name is entered in a register maintained under this Act, and (
  1. ii)the Council has reason to believe that— (I) the person is registered in another jurisdiction, and (II) that measure 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. (
  2. b)The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that 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— (
  1. a)advise the public— (
  2. i)when any measure referred to in section 47
(1)(
  1. a)to (
  2. e)takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act, and (
  3. ii)if satisfied that it is in the public interest to do so, when any measure referred to in section 47
(1)(
  1. f)takes effect under this Part in respect of a person whose name is entered in a register maintained under this Act, (
  2. 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).
(2)Without prejudice to the generality of subsection
(1), the Council shall, at the least, use the Council website to effect any advisement or publication referred to in that subsection.
(3)The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the High Court arising from the performance of a function under section 39
(3)or
(4), 40
(3)or
(4), 41
(5)or
(9), or 42
(3)or
(4).”. 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.
(2)In any proceedings under this Act concerning a registered dentist, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.
(3)Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.
(4)In this section— ‘final determination’, in relation to any relevant proceedings and a registered dentist, means— (
  1. 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 dentist, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or (
  2. b)if such an appeal is made— (
  3. i)the abandonment or withdrawal of the appeal, or (
  4. ii)the determination of the appeal, whichever first occurs; ‘registered dentist’ includes a person who has made an application under this Act to have his or her name entered in a register maintained under this Act which has not yet been determined by the Council; ‘relevant document’, in relation to a registered dentist, means any of the following: (
  5. 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; (
  6. 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; (
  7. c)if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the dentist 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 dentist after the final determination of the proceedings; (
  8. d)if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the dentist 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 registered dentist, means any disciplinary or judicial proceedings (other than such proceedings under this Act), in respect of which the dentist is the subject— (
  9. a)in the State or another jurisdiction which may directly or indirectly result in the dentist— (
  10. i)being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or (
  11. 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, (
  12. 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 (
  13. 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.
(2)The relevant body’s power under subsection
(1)may be exercised in such a way as to— (
  1. a)include in the specified form of any document referred to in that subsection a statutory declaration— (
  2. i)to be made by the person completing the form, and (
  3. 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 (
  4. b)specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.
(3)The relevant body’s power under subsection
(1)may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.
(4)A form specified under this section shall be— (
  1. a)completed in accordance with such directions and instructions as are specified in the form, (
  2. b)accompanied by such documents as are specified in the form, and (
  3. c)if the completed form is required to be provided to— (
  4. i)the relevant body, (
  5. ii)another person on behalf of the relevant body, or (iii) any other person, so provided in the manner, if any, specified in the form.
(5)Without prejudice to the generality of subsection
(1), the Council may— (
  1. a)specify a form to be completed by a registered dentist in connection with the payment by the dentist of any fee determined under section 25(b), and (
  2. b)in that form, require the practitioner to supply the Council with such information that the dentist would have to supply the Council if the practitioner were not registered but were seeking registration.
(6)In this section, ‘relevant body’ means— (
  1. a)subject to paragraph (b), the Council, and (
  2. b)in relation to a function under this Act performed by the Fitness to Practise Committee, that Committee. 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.
(2)Where the Council or the Registrar is required or authorised under this Act to notify a person (not being a registered dentist or former registered dentist or auxiliary dental worker or former auxiliary dental worker) 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.”. PART 3 Amendment of Health and Social Care Professionals Act 2005 Definition
  1. In this Part, “Act of 2005” means the Health and Social Care Professionals Act 2005 . Amendment of section 3 of Act of 2005
  2. 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— (
  1. 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— (
  2. i)the imposition of conditions on any registration or licence, (
  3. ii)the suspension, withdrawal or removal of any registration or licence, or (iii) the refusal to grant registration or a licence, or (
  4. 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: (
  5. a)dentist; (
  6. b)a designated profession; (
  7. c)medical practitioner; (
  8. d)midwife; (
  9. e)nurse; (
  10. f)pharmacist; ‘restriction’ includes a condition;”, and (
  11. 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): “(
  1. ca)where the board has made a bye-law under subparagraph (
  2. i)or (
  3. ii)of section 31
(1)(
  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 (
  2. b)by the substitution of the following subsections for subsection (2F): “(2F) The Physiotherapists Registration Board shall grant registration to a person who— (
  3. a)subject to subsection (2FA), applies on or after the date on which section 6 (
  4. 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, (
  5. b)meets the requirements of paragraphs (a), (c), (
  6. d)and (
  7. e)of subsection
(1), (c) where the Physiotherapists Registration Board has made a bye-law under section 31
(1)(
  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 (
  2. 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) (
  3. a)Paragraph (
  4. b)applies to a person who has made an application— (
  5. i)referred to in subsection (2F)(a), as in force before the relevant commencement, on or before 31 December 2019, and (
  6. ii)which has not, before the relevant commencement, been determined by the Physiotherapists Registration Board. (
  7. 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). (
  8. c)Paragraph (
  9. 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. (
  10. 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). (
  11. e)In this subsection, ‘relevant commencement’ means the commencement of section 29(
  12. 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).
(4)The Council shall, as soon as practicable after the removal or restoration concerned— (
  1. a)notify the Health Service Executive, (
  2. b)notify the employer of the registrant or person, as the case may be, the subject of the removal or restoration if the employer’s name is known to the Council, (
  3. c)notify such other persons as the Council thinks fit, and (
  4. d)advise the public, of the removal or restoration (in particular, the name of the registrant or person and the date on which the removal or restoration took effect).”. Amendment of section 40A of Act of 2005 31. Section 40A of the Act of 2005 is amended— (
  5. 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— (
  1. a)whether he or she has a relevant medical disability, and (
  2. b)whether any material matter has occurred in relation to the person.”, and (
  3. b)in subsection
(2)— (
  1. i)in paragraph (a), by the insertion of “or a material matter has occurred in relation to him or her” after “disability”, and (
  2. 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. 32. The Act of 2005 is amended by the insertion of the following section after section 44: “44A.
(1)Subject to subsections
(2)to
(4), a registrant shall, in each year, give to the registration board of the designated profession concerned a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.
(2)If, in any year, subsection
(1)does not apply to a registrant because there are no particulars referred to in that subsection which he or she is required to give to the registration board of the designated profession concerned, the registrant shall give to the board a declaration in writing to that effect.
(3)If, in any year subsequent to a year in which a registrant gave particulars referred to in subsection
(1)to the registration board of the designated profession concerned, there has been no material change in the matter to which the particulars relate, the registrant may, instead of again giving those particulars to the board, give to the board a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.
(4)A registrant shall, in each year, comply with subsection
(1),
(2)or
(3)— (a) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee set by the Council under section 18
(1)(b), and (b) not later than the last day of that 6 weeks.
(5)A registrant shall, not later than 3 months after the final determination of any relevant proceedings, give to the registration board of the designated profession concerned— (
  1. a)a declaration in writing providing particulars of the sanctions (if any) imposed on the registrant in consequence of those proceedings, or (
  2. b)if no such sanctions were so imposed, a declaration in writing to that effect.
(6)The registration board of the designated profession concerned may, by notice in writing given to a registrant who has made a declaration under this section, require the registrant to provide to the board, within a reasonable period specified in the notice, further information concerning any particulars provided to the board in the declaration.
(7)(a) A registrant shall comply with a notice under subsection
(6)given to the registrant. (b) Where the registration board of the designated profession concerned considers that a registrant has contravened paragraph (a), the board shall forthwith make a complaint under section 52
(1)(f).
(8)In this section— ‘final determination’, in relation to any relevant proceedings and a registrant, means— (
  1. a)the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the registrant, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or (
  2. b)if such an appeal is made— (
  3. i)the abandonment or withdrawal of the appeal, or (
  4. ii)the determination of the appeal, whichever first occurs; ‘relevant proceedings’, in relation to a registrant, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the registrant is the subject— (
  5. a)in the State or another jurisdiction which may directly or indirectly result in the registrant— (
  6. i)being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or (
  7. 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, (
  8. b)in another jurisdiction which may result in the registrant being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or (
  9. c)in the State which may result in the registrant being convicted, in the State, for an offence triable on indictment; ‘sanction’ includes any restriction or measure.”. Amendment of section 45 of Act of 2005 33. Section 45 of the Act of 2005 is amended, in subsection
(1)— (
  1. a)in paragraph (e), by the insertion of “(including any material matter)” after “any matter”, and (
  2. 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.
(2)In subsection
(1)— ‘registrant’ includes a person who has made an application under section 37 for registration which has not yet been determined by the registration board concerned; ‘relevant statement’, in relation to a request under subsection
(1), means a statement to the effect that any information provided to the Council or registration board, pursuant to that request, by the body to which the request is made may be used in any proceedings under this Act concerning the registrant the subject of the request.”. 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)— (
  1. i)in paragraph (d), by the substitution of “this Act” for “this Part”, and (
  2. ii)by the insertion of the following paragraph after paragraph (e): “(
  3. ea)the imposition on the registrant of— (
  4. 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 (
  5. 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 (
  6. b)by the insertion of the following subsection after subsection
(2): “(2A) (
  1. 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. (
  2. b)The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request under paragraph (
  3. a)as soon as is practicable after receiving the request. (
  4. 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. (
  5. d)The registrar or clerk of the court concerned the subject of a request under paragraph (
  6. c)shall comply with the request as soon as is practicable after receiving the request. (
  7. 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— (
  8. a)in subsection (1B), by the deletion of paragraph (b), and (
  9. 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)(
  1. a)Paragraph (
  2. b)applies where— (
  3. i)a registrant becomes the subject of an order under subsection
(3)(a), and (
  1. 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. (
  2. 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: (
  3. a)if the committee finds that no allegation made by the complainant is substantiated, dismiss the complaint; (
  4. 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: (
  1. a)an admonishment or a censure; (
  2. b)the attachment of conditions to his or her registration, including restrictions on the practice of the designated profession by the registrant; (
  3. c)the suspension of his or her registration for a specified period; (
  4. d)the cancellation of his or her registration; (
  5. e)a prohibition from applying for a specified period for restoration to the register.
(2)However, the Council may not direct a registration board to cancel the registration of a registrant on the grounds of a conviction for an offence referred to in section 52
(1)(
  1. g)unless— (
  2. a)in the Council’s opinion, the nature of the offence or the circumstances in which it was committed ought to disqualify the registrant from practising the designated profession, or (
  3. b)a conviction for such offence would render a person ineligible for registration as a registrant of the designated profession.
(3)On giving a direction to a registration board to impose on a registrant a disciplinary sanction referred to in subsection
(1)(b), (
  1. c)or (e), the Council shall specify in the direction— (
  2. a)in the case of a disciplinary sanction referred to in subsection
(1)(b), the nature of the conditions to be attached to his or her registration, (b) in the case of a disciplinary sanction referred to in subsection
(1)(c), the period of suspension of his or her registration, and (c) in the case of a disciplinary sanction referred to in subsection
(1)(e), the period for which he or she is prohibited from applying 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— (
  1. a)the time allowed to the registrant for bringing an application to the Court for cancellation of the direction, and (
  2. 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— (
  3. 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— (
  1. a)the direction is confirmed by the Court on application under section 69, or (
  2. 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)— (
  1. i)in paragraph (a), by the substitution of “direction,” for “direction, and”, (
  2. ii)in paragraph (b), by the substitution of “appropriate, and” for “appropriate.”, and (iii) by the insertion of the following paragraph after paragraph (b): “(
  3. 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— (
  4. 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)(
  1. a)Paragraph (
  2. b)applies where— (
  3. 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 (
  1. 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. (
  2. 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)).
(5)(
  1. a)Paragraph (
  2. b)applies where— (
  3. i)it comes to the Council’s attention that any action referred to in subsection
(2)has been taken in relation to a registrant, and (
  1. 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. (
  2. b)The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that action.”. Amendment of section 77 of Act of 2005 46. Section 77 of the Act of 2005 is amended— (
  3. a)by renumbering the existing section as subsection
(1), (b) in subsection
(1)— (
  1. i)by the substitution of “shall (if satisfied that, in the case of an action referred to in paragraph (
  2. 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 (
  3. ii)in paragraph (i), by the substitution of “Health Service Executive” for “Minister”, and (
  4. 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
  1. Section 78 of the Act of 2005 is amended by the deletion of paragraph (d). Information Council may publish in public interest
  2. 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.
(2)Where the Council, a registration board, a preliminary proceedings committee, a committee of inquiry or the chief executive officer is required or authorised under this Act to notify a person (not being a registrant or former registrant) who has made an application under this Act of a decision or other matter concerning the application, the notification shall be sent by pre-paid post or electronically to the person at the address stated in the application.
(3)Where a notification under this Act has been sent to a person in accordance 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.”. 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.
(2)In any proceedings under this Act concerning a relevant person, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.
(3)Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.
(4)In this section— ‘final determination’, in relation to any relevant proceedings and a relevant person, means— (
  1. a)the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the relevant person, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or (
  2. b)if such an appeal is made— (
  3. i)the abandonment or withdrawal of the appeal, or (
  4. ii)the determination of the appeal, whichever first occurs; ‘relevant document’, in relation to a relevant person, means any of the following: (
  5. 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; (
  6. 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; (
  7. c)if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the relevant person after the final determination of the proceedings; (
  8. d)if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held; ‘relevant person’ means— (
  9. a)an applicant for registration, or (
  10. b)a registrant or former registrant; ‘relevant proceedings’, in relation to a relevant person, means any disciplinary or judicial proceedings (other than such proceedings under this Act), in respect of which the relevant person is the subject— (
  11. a)in the State or another jurisdiction which may directly or indirectly result in the relevant person— (
  12. i)being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or (
  13. 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, (
  14. 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 (
  15. 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.
(2)The relevant body’s power under subsection
(1)may be exercised in such a way as to— (
  1. a)include in the specified form of any document referred to in that subsection a statutory declaration— (
  2. i)to be made by the person completing the form, and (
  3. 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 (
  4. b)specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.
(3)The relevant body’s power under subsection
(1)may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.
(4)A form specified under this section shall be— (
  1. a)completed in accordance with such directions and instructions as are specified in the form, (
  2. b)accompanied by such documents as are specified in the form, and (
  3. c)if the completed form is required to be provided to— (
  4. i)the relevant body, (
  5. ii)another person on behalf of the relevant body, or (iii) any other person, so provided in the manner, if any, specified in the form.
(5)Without prejudice to the generality of subsection
(1), the registration board of a designated profession may— (a) specify a form to be completed by a registrant in connection with the payment by the registrant of any fee charged under section 18
(1)(b), and (b) in that form, require the registrant to supply the registration board with such information that the registrant would have to supply the board if the registrant were not registered but were seeking registration.
(6)In this section, ‘relevant body’ means— (
  1. a)subject to paragraphs (
  2. b)to (d), the Council, (
  3. b)in relation to a function under this Act performed by a registration board, that board, (
  4. c)in relation to a function under this Act performed by the preliminary proceedings committee, that committee, or (
  5. d)in relation to a function under this Act performed by a committee of inquiry, that committee.”. 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— (
  6. 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— (
  1. 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, (
  2. 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 (
  3. c)a photograph, and any reference to a copy of a record includes— (
  4. i)in the case of a record to which paragraph (
  5. a)applies, a transcript of the sounds or signals embodied therein, (
  6. ii)in the case of a record to which paragraph (
  7. b)applies, a still reproduction of the images embodied therein, and (iii) in the case of a record to which paragraphs (
  8. a)and (
  9. b)apply, such a transcript together with such a still reproduction; ‘relevant profession’ means any of the following professions: (
  10. a)dentist; (
  11. b)a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 ; (
  12. c)medical practitioner; (
  13. d)midwife; (
  14. e)nurse; (
  15. f)pharmacist; ‘restriction’ includes a condition; ‘this Act’ includes a statutory instrument made under this Act;”, and (
  16. 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)— (
  1. a)by the insertion of “and pharmaceutical assistants” after “pharmacists” in paragraph (d), and (
  2. b)by the substitution of the following paragraph for paragraph (e): “(
  3. e)to— (
  4. i)supervise compliance with this Act, and (
  5. 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— (
  6. 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)(
  1. c)after having regard to— (
  2. 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, (
  3. b)the practical experience of such persons, and (
  4. 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— (
  1. a)resume practice as a registered pharmacist after not having so practised for a period specified in the rules, or (
  2. 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— (
  3. a)the education or training of those persons, (
  4. b)the manner of verifying that those persons possess the relevant competencies, or (
  5. 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.”, (
  6. 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)— (
  1. i)in paragraph (a), by the substitution of “Regulations,” for “Regulations, or”, (
  2. 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): “(
  3. c)he or she has a qualification in pharmacy from a state other than the State which— (
  4. i)falls within a ground prescribed for the purposes of this paragraph, and (
  5. 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 (
  6. 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)— (
  1. i)by the insertion of “(within the meaning of section 66)” after “authorised officer”, and (
  2. ii)by the insertion of “, and the provisions of Part 7 shall apply accordingly for the purposes of such inspection” after “section 18”, and (
  3. 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.
(2)If, in any year, subsection
(1)does not apply to a registered pharmacist because there are no particulars referred to in that subsection which he or she is required to give to the Council, the pharmacist shall give to the Council a declaration in writing to that effect.
(3)If, in any year subsequent to a year in which a registered pharmacist gave particulars referred to in subsection
(1)to the Council, there has been no material change in the matter to which the particulars relate, the pharmacist may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.
(4)A registered pharmacist shall, in each year, comply with subsection
(1),
(2)or
(3)— (a) not earlier than 60 days before he or she is required to pay, in that year, the prescribed fee referred to in section 14
(1)(c) that applies in the case of the continued registration referred to in section 14
(5), and (b) not later than the last day of that 60 days.
(5)A registered pharmacist shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council— (
  1. a)a declaration in writing providing particulars of the sanctions (if any) imposed on the pharmacist in consequence of those proceedings, or (
  2. b)if no such sanctions were so imposed, a declaration in writing to that effect.
(6)The Council may, by notice in writing given to a registered pharmacist who has made a declaration under this section, require the pharmacist to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.
(7)(a) A registered pharmacist shall comply with a notice under subsection
(6)given to the pharmacist. (b) Where the Council considers that a registered pharmacist has contravened paragraph (a), the Council shall forthwith make a complaint under section 35.
(8)In this section— ‘final determination’, in relation to any relevant proceedings and a registered pharmacist, means— (
  1. 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 pharmacist, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or (
  2. b)if such an appeal is made— (
  3. i)the abandonment or withdrawal of the appeal, or (
  4. ii)the determination of the appeal, whichever first occurs; ‘relevant proceedings’, in relation to a registered pharmacist, means any disciplinary or judicial proceedings (other than any such proceedings under this Act) in respect of which the pharmacist is the subject— (
  5. a)in the State or another jurisdiction which may directly or indirectly result in the pharmacist— (
  6. i)being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or (
  7. 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, (
  8. b)in another jurisdiction which may result in the pharmacist 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 (
  9. c)in the State which may result in the pharmacist being convicted, in the State, for an offence triable on indictment; ‘sanction’ includes any restriction or measure. 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.
(2)If, in any year, subsection
(1)does not apply to a pharmacy owner because there are no particulars referred to in that subsection which he or she is required to give to the Council, the owner shall give to the Council a declaration in writing to that effect.
(3)If, in any year subsequent to a year in which a pharmacy owner gave particulars referred to in subsection
(1)to the Council, there has been no material change in the matter to which the particulars relate, the owner may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.
(4)A pharmacy owner shall, in each year, comply with subsection
(1),
(2)or
(3)— (a) not earlier than 60 days before there is required to be paid, in that year, the prescribed fee referred to in section 17
(1)(e) that applies in the case of the continued registration referred to in section 17
(3), and (b) not later than the last day of that 60 days.
(5)A pharmacy owner shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council— (
  1. a)a declaration in writing providing particulars of the sanctions (if any) imposed on the owner in consequence of those proceedings, or (
  2. b)if no such sanctions were so imposed, a declaration in writing to that effect.
(6)The Council may, by notice in writing given to a pharmacy owner who has made a declaration under this section, require the owner to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.
(7)(a) A pharmacy owner shall comply with a notice under subsection
(6)given to the owner. (b) Where the Council considers that a pharmacy owner has contravened paragraph (a), the Council shall forthwith make a complaint under section 36.
(8)In this section, references to a pharmacy owner include references to a director of a corporate body which owns the retail pharmacy business concerned.
(9)In this section— ‘final determination’, in relation to any relevant proceedings and a pharmacy owner, means— (
  1. 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 owner, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or (
  2. b)if such an appeal is made— (
  3. i)the abandonment or withdrawal of the appeal, or (
  4. ii)the determination of the appeal, whichever first occurs; ‘relevant proceedings’, in relation to a pharmacy owner, means any disciplinary or judicial proceedings (other than any such proceedings under this Act) in respect of which the owner is the subject— (
  5. a)concerning a contravention or alleged contravention of a provision of an Act or statutory instrument referred to in section 7
(1)(e)(ii), (
  1. b)in another jurisdiction which may result in the owner 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 (
  2. c)in the State which may result in the owner being convicted, in the State, for an offence triable on indictment; ‘sanction’ includes any restriction or measure.”. 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.
(2)In subsection
(1)— ‘material matter’, in relation to a registered pharmacist, means— (
  1. a)any of the following taken by any regulatory body (whether in or outside the State), other than the Council, in relation to the provision of one or more than one kind of health or social care by such pharmacist: (
  2. i)the imposition of conditions on any registration or licence; (
  3. ii)the suspension, withdrawal or removal of any registration or licence; (iii) the refusal to grant registration or a licence, or (
  4. 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; ‘registered pharmacist’ includes a person who has made an application under section 14 for registration which has not yet been determined by the Council; ‘relevant statement’, in relation to a request under subsection
(1), means a statement to the effect that any information provided to the Council, pursuant to that request, by the body to which the request is made may be used in any proceedings under this Act concerning the pharmacist the subject of the request.”. 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)— (
  1. i)by the insertion of the following paragraphs after paragraph (eb): “(
  2. 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), (
  1. ed)the imposition on the pharmacist of— (
  2. 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 (
  3. 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 (
  4. ii)in paragraph (f), by the deletion of “or rules made by the Council under this Act”, and (
  5. b)by the insertion of the following subsection before subsection
(4): “(3B) (
  1. 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. (
  2. b)The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request under paragraph (
  3. a)as soon as is practicable after receiving the request. (
  4. 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. (
  5. d)The registrar or clerk of the court concerned the subject of a request under paragraph (
  6. c)shall comply with the request as soon as is practicable after receiving the request. (
  7. 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— (
  8. a)in subsection
(1)— (
  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”, (
  2. ii)by the insertion of the following paragraph after paragraph (b): “(
  3. ba)the pharmacy owner— (
  4. 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), (
  1. iv)in paragraph (d), by the substitution of “under section 18, or” for “under section 18.”, and (
  2. v)by the insertion of the following paragraph after paragraph (d): “(
  3. 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 (
  4. 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)(
  1. a)Paragraph (
  2. b)applies where— (
  3. i)a registered pharmacist becomes the subject of an order under subsection
(1), and (
  1. 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. (
  2. 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— (
  1. a)the time within which the registered pharmacist or pharmacy owner may apply to the High Court for cancellation of the decision, and (
  2. 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— (
  3. 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— (
  1. a)the decision is confirmed by the High Court on application under section 51, or (
  2. 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)— (
  1. a)make any other order it considers just, including an order confirming or modifying the decision, and (
  2. 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— (
  3. 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)(
  1. a)Paragraph (
  2. b)applies where— (
  3. 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 (II) that action may not have come to the at

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