(2)Neither a registration board nor any person who is or was a member of a registration board or a committee of such board is liable for damages for anything done or omitted to be done by the board or that person in good faith and without negligence under this Act.
\n
(3)Subject to any enactment or rule of law, the Council may indemnify any person who is or was a member of— (a) the Council, (b) a registration board, or (c) a committee of the Council or of a registration board, in respect of anything done or omitted to be done by that person in performing their functions under this Act.
\n
Judicial notice of seals and admissibility of sealed instruments.
\n
93.—(1) Judicial notice shall be taken of the seal of the Council and the seal of each registration board.
\n
(2)Any record that appears to be an instrument made by the Council and to be sealed with its seal apparently authenticated in accordance with Schedule 1 is admissible in evidence and is deemed, in the absence of evidence to the contrary, to be such instrument without proof.
\n
(3)Subsection (2) applies also in respect of any record that appears to be an instrument made by a registration board and to be sealed with its seal apparently authenticated in accordance with Schedule 2 .
\n
How registrants, former registrants and applicants are to be notified.
\n
94.—(1) Where the Council or a registration board is required or authorised under this Act to notify a registrant or a former registrant, the notification shall be sent by pre-paid post 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) registered.
\n
(2)Where the Council or a registration board is required or authorised under Part 4 to notify an applicant of a decision to refuse to grant registration or of the confirmation of such decision, the notification shall be sent by pre-paid post to the applicant at the address stated in the application for registration.
\n
(3)Where a notification under this Act has been sent to a person in accordance with subsection (1) or (2), the notification is deemed, in the absence of evidence to the contrary, to have been duly delivered to the person on the third day after the day on which it was so sent.
\n
Minister' power to make regulations.
\n
95.—(1) The Minister may— (a) by regulation provide for any matter referred to in this Act as prescribed or to be prescribed, and (b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of and for the purposes of giving full effect to this Act.
\n
(2)Regulations under this Act may contain any transitional and other supplementary and incidental provisions that appear to the Minister to be necessary or expedient for the purposes of the regulations.
\n
(3)After consulting the registration board of any profession designated in section 4
\n
(1)and any organisations that he or she considers appropriate, the Minister may, by regulation, prescribe one or more than one title that is a variant of the title specified in that section for the profession and that, in addition to the title specified in that section, may be used by registrants of that profession.
\n
(4)The Minister shall ensure that every regulation made under a provision of this Act (other than section 4 or subsection (3) of this section) is laid before each House of the Oireachtas as soon as practicable after it is made.
\n
(5)Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation is laid before it under subsection (4), annul the regulation.
\n
(6)The annulment of a regulation under subsection (5) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation before the passing of the resolution.
\n
(7)A regulation may be made under subsection (3) only if— (a) a draft of the proposed regulation has been laid before the Houses of the Oireachtas, and (b) a resolution approving the draft has been passed by each House.
\n
Minister's power to amend or revoke certain orders.
\n
96.—The Minister may, by order, amend or revoke an order made under section 24 or 34 or this section.
\n
SCHEDULE 1 The Council: Miscellaneous Provisions
\n
Section 6
\n
(5).
\n
Definitions.
\n
1.In this Schedule, except where the context otherwise requires— “casual vacancy” means a vacancy in the membership of the Council caused by a person ceasing under paragraph 7 to be a member of the Council; “chairperson” means the chairperson of the Council; “member” means the chairperson or an ordinary member; “ordinary member” means a member of the Council other than the chairperson.
\n
Seal of Council.
\n
2.(1) The Council shall, as soon as practicable after its establishment, provide itself with a seal and shall retain possession of its seal.
\n
(2)The seal of the Council must be authenticated by— (a) the signature of its chairperson or other member authorised by it to act in that behalf, and (b) the signature of a member of the Council's staff authorised by it to act in that behalf.
\n
Term of office of ordinary members.
\n
3.(1) Subject to subparagraph (2), an ordinary member holds office for a term of 4 years from the date of his or her appointment.
\n
(2)One-half of the ordinary members of the Council first constituted under this Act hold office for a term of 2 years from the date of their appointment.
\n
(3)The members who are to hold office for a term of 2 years shall be decided by lot to be drawn in the manner that may be determined by the Minister.
\n
(4)No person may hold office as an ordinary member of the Council for more than 2 consecutive terms.
\n
(5)A term of 2 years under subparagraph (2) is not to be counted for the purpose of subparagraph (4), but a term of any duration resulting from an appointment to fill a casual vacancy is to be counted for that purpose.
\n
Term of office of chairperson.
\n
4.(1) The chairperson holds office for the term specified under subparagraph (2) at the time of appointment.
\n
(2)The Minister may specify a term of not less than 3 years and not more than 6 years as the chairperson's term of office.
\n
Removal from office.
\n
5.(1) The Minister may at any time remove a member from office if— (a) in the Minister's opinion the member has become incapable through ill-health of performing his or her functions, (b) the member has committed stated misbehaviour, or (c) the removal of the member appears to the Minister to be necessary for the Council to perform its functions effectively.
\n
(2)Subparagraph (1) is not to be taken to limit the Minister's power under section 24 to remove any or all of the members.
\n
Resignations.
\n
6.(1) The chairperson may resign office at any time by giving to the Council written notice of resignation signed by him or her.
\n
(2)An ordinary member may resign membership at any time by giving to the chairperson written notice of resignation signed by the member.
\n
(3)The resignation of the chairperson or an ordinary member becomes effective on the date of the Council's meeting next held after written notice of the resignation is received by the Council or the chairperson, as the case may be.
\n
Termination of membership before completion of term.
\n
7.Despite paragraphs 3 and 4, a person ceases to be a member of the Council if the person— (a) is removed from office under paragraph 5, section 15 or section 24 , (b) resigns or dies, or (c) ceases, if appointed under section 9
\n
(3)(a), to be a registrant of the designated profession by virtue of which he or she was so appointed.
\n
Casual vacancies.
\n
8.(1) If a casual vacancy occurs among the members (other than those appointed under section 9
\n
(3)(a))— (a) the Council shall notify the Minister as soon as practicable, and (b) the Minister, after consulting any body or organisation that he or she considers appropriate, shall, within 8 weeks after being notified of that vacancy, appoint a person to fill the vacancy.
\n
(2)If a casual vacancy occurs among the ordinary members appointed under section 9
\n
(3)(a), the Council shall co-opt to fill the vacancy a person who would, under this Act, be eligible to be elected and nominated for appointment under that section and the Minister shall appoint that person.
\n
(3)A person appointed under this section to fill a casual vacancy holds office for the unexpired portion of his or her predecessor's term of office.
\n
Convening meetings and notifying members.
\n
9.(1) The first meeting of the Council is to be held on the day appointed by the Minister and the members shall be notified by the Minister of the date, time and place of the meeting.
\n
(2)The Council shall hold at least 4 meetings in each year and may hold any other meetings that it considers necessary for performing its functions.
\n
(3)The chairperson— (a) on his or her own initiative, may convene a meeting of the Council, and (b) when requested to do so by a requisition signed by not fewer than 10 members, shall convene a meeting of the Council.
\n
(4)If, after being requested under subparagraph (3), the chairperson refuses to convene a meeting, any 5 members may convene a meeting as soon as practicable.
\n
(5)If the chairperson, without refusing, fails to convene a meeting within 7 days after being requested under subparagraph (3), any 5 members may convene a meeting at the end of that period.
\n
(6)At least 3 clear days before a meeting of the Council, other than the first meeting, notice of the date, time and place of the meeting shall be sent to each member.
\n
Quorum.
\n
10.At least 40 per cent of the members in office constitute a quorum at a meeting of the Council.
\n
Chairing of meetings.
\n
11.(1) While present at a meeting of the Council, the chairperson of the Council shall chair the meeting.
\n
(2)If the chairperson of the Council is not present or if the office of the chairperson is vacant, the members present at the meeting shall choose one of their number to chair the meeting.
\n
Voting at meetings.
\n
12.(1) Subject to paragraph 10, at a meeting of the Council each question shall be determined by a majority of the votes of the members present and voting on the question.
\n
(2)If there is an equal division of votes, the question shall be determined by a second or casting vote of the person chairing the meeting.
\n
Power to act despite vacancy or defect in appointment.
\n
13.(1) The Council may act despite one or more than one vacancy among its members, provided there is a quorum.
\n
(2)The proceedings of the Council are not invalid by reason only of any defect in the appointments to the Council or in the qualifications of any of its members.
\n
Minutes of meetings.
\n
14.(1) The Council shall ensure that minutes of each meeting of the Council are prepared and that they include the names of all persons present at the meeting.
\n
(2)The minutes of a meeting shall be submitted for confirmation as an accurate record at the next meeting of the Council.
\n
(3)When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting at which they were submitted for confirmation.
\n
SCHEDULE 2 Registration Boards: Miscellaneous Provisions
\n
Section 26
\n
(5)Definitions.
\n
1.In this Schedule, except where the context otherwise requires— “casual vacancy” means a vacancy in the membership of a registration board caused by a person ceasing under paragraph 7 to be a member of the board; “member”, in relation to a registration board, includes the chairperson of the board.
\n
Seal of registration board.
\n
2.(1) A registration board shall, as soon as practicable after its establishment, provide itself with a seal and shall retain possession of its seal.
\n
(2)The seal of a registration board must be authenticated by— (a) the signature of its chairperson or other member of the board authorised by it to act in that behalf, and (b) the signature of another member of the board authorised by it to act in that behalf.
\n
Term of office.
\n
3.(1) Subject to subparagraphs (2) and (4), a member of a registration board holds office for a term of 4 years from the date of his or her appointment.
\n
(2)One-half of the members of a registration board first constituted under this Act hold office for a term of 2 years from the date of their appointment.
\n
(3)The members who are to hold office for a term of 2 years shall be decided by lot to be drawn in the manner that may be determined by the Minister.
\n
(4)If a member of a registration board is also a member of the Council whose term of office, by the operation of paragraph 3(2) of Schedule 1 , expires 2 years after the date of being appointed to the Council, the member's term of office on the board is 2 years from the date of his or her appointment.
\n
(5)No person may hold office as a member of a registration board for more than 2 consecutive terms.
\n
(6)A term of 2 years resulting from the operation of subparagraph (2) or (4) is not to be counted for the purposes of subparagraph (5), but a term of any duration resulting from an appointment to fill a casual vacancy is to be counted for that purpose.
\n
Election and term of office of chairperson.
\n
4.(1) A registration board may elect one of its members to be its chairperson.
\n
(2)If 2 or more persons receive an equal number of votes at an election of the chairperson, it shall be determined by lot which of them is to be the chairperson.
\n
(3)The chairperson holds office for such period as may be specified by the registration board at the time of appointment, unless he or she— (a) ceases to be a member of the board, (b) resigns the office of chairperson, or (c) is removed from the office of chairperson by a resolution of the board.
\n
(4)A resolution of a registration board is effective for the purpose of removing the chairperson from office only if— (a) at least 7 days notice of the board's intention to propose the resolution is given to each member, and (b) at least 66 per cent of the members in office vote for the resolution.
\n
Removal from office.
\n
5.(1) The Minister may at any time remove a member of a registration board from office if— (a) in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, (b) the member has committed stated misbehaviour, or (c) the removal of the member appears to the Minister to be necessary for the Board to perform its functions effectively.
\n
(2)Subparagraph (1) is not to be taken to limit the Minister's power under section 34 to remove from office any or all of the members of a registration board.
\n
Resignations.
\n
6.(1) A person who holds the office of chairperson of a registration board may resign the office at any time by giving to the board written notice of resignation signed by that person.
\n
(2)Any other member of a registration board may resign membership at any time by giving to the chairperson of the board written notice of resignation signed by the member.
\n
(3)A resignation becomes effective on the date of the registration board's meeting next held after receipt of the written notice of resignation.
\n
(4)A member who resigns as chairperson does not for that reason only cease to be a member of the registration board.
\n
Termination of membership before completion of term.
\n
7.Despite paragraphs 3 and 4, a person ceases to be a member of a registration board if the person— (a) is removed from office under paragraph 5 or section 34 , (b) resigns or dies, or (c) ceases, if appointed under section 28
\n
(1)(a), to be a registrant of the designated profession concerned.
\n
Casual vacancies.
\n
8.(1) If a casual vacancy occurs among the members of a registration board (other than those appointed on election under section 28
\n
(1)(a))— (a) the board shall notify the Minister as soon as practicable, and (b) the Minister, after consulting any body or organisation that he or she considers appropriate, shall, within 8 weeks of being notified of that vacancy, appoint a person to fill the vacancy.
\n
(2)If a casual vacancy occurs among the members appointed to a registration board under section 28
\n
(1)(a), the board shall co-opt to fill the vacancy a person who would be eligible under that section to be elected for appointment as a member of that board and the Minister shall appoint that person to fill the vacancy.
\n
(3)A person appointed to fill a casual vacancy holds office as a member of the registration board concerned for the unexpired portion of his or her predecessor's term of office.
\n
Convening meetings and notifying members.
\n
9.(1) The first meeting of a registration board is to be held on the day appointed by the Minister for that board and the members shall be notified by the Minister of the date, time and place of the meeting.
\n
(2)A registration board shall hold at least 4 meetings in each year and may hold any other meetings that it considers necessary for performing its functions.
\n
(3)The chairperson of a registration board— (a) on his or her own initiative, may convene a meeting of the board, and (b) when requested to do so by a requisition signed by not fewer than 5 members, shall convene a meeting of the board.
\n
(4)If, after being requested under subparagraph (3), the chairperson refuses to convene a meeting, any 5 members may convene a meeting as soon as practicable.
\n
(5)If the chairperson, without refusing, fails to convene a meeting within 7 days after being requested under subparagraph (3), any 5 members may convene a meeting at the end of that period.
\n
(6)At least 3 clear days before a meeting of a registration board, other than the first meeting, notice of the date, time and place of the meeting shall be sent to each member.
\n
Quorum.
\n
10.At least 40 per cent of the members in office constitute a quorum at a meeting of a registration board.
\n
Chairing of meetings.
\n
11.(1) While present at a meeting of a registration board, the chairperson of that board shall chair the meeting.
\n
(2)If the chairperson of the registration board is not present or if the office of chairperson is vacant, the members present at the meeting shall choose one of their number to chair the meeting.
\n
Voting at meetings.
\n
12.(1) Subject to paragraphs 4(4)(b) and 10, each question at a meeting of a registration board shall be determined by a majority of the votes of the members present and voting on the question.
\n
(2)If there is an equal division of votes, the question shall, subject to paragraph 4(2), be determined by a second or casting vote of the person chairing the meeting.
\n
Power to act despite vacancy or defect in appointment.
\n
13.(1) A registration board may act despite one or more than one vacancy among its members, provided there is a quorum.
\n
(2)The proceedings of a registration board are not invalid by reason only of any defect in the appointments to the board or in the qualifications of any of its members.
\n
Minutes of meetings.
\n
14.(1) A registration board shall ensure that minutes of the proceedings of each meeting of the board are prepared and that they include the names of all persons present at the meeting.
\n
(2)The minutes of a meeting shall be submitted for confirmation as an accurate record at the next meeting of the registration board.
\n
(3)When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting at which they were submitted for confirmation.
\n
SCHEDULE 3 Qualifications Required by Existing Practitioners
\n
Section 91
\n
(1)PROFESSION QUALIFICATION 1.
\n
Clinical Biochemists Degree in which biochemistry was taken as a subject in the final examination.
\n
2.
\n
Dietitians Bachelor of Science (Honours) in Human Nutrition and Dietetics from the University of Dublin and Diploma in Human Nutrition and Dietetics from the Dublin Institute of Technology, or Diploma in Dietetics and Nutrition from the City of Dublin Vocational Education Committee awarded after 1976 and before 1987, or Diploma in Dietetics from the City of Dublin Vocational Education Committee awarded after 1951 and before 1977.
\n
3.
\n
Medical Scientists Bachelor of Science (Applied Sciences) (Honours) (Biomedical option) from the University of Dublin/the Dublin Institute of Technology Kevin Street, or Bachelor of Science (Honours) in Biomedical Science from the Joint University College Cork — Cork Institute of Technology course, or Diploma in Medical Laboratory Sciences awarded before 1994 by the Dublin Institute of Technology or the Cork Institute of Technology, or Certificate in Medical Laboratory Sciences awarded before 1997 by the Dublin Institute of Technology Kevin Street, the Cork Institute of Technology or the Galway/Mayo Institute of Technology.
\n
4.
\n
Occupational Therapists Bachelor of Science (Honours) in Occupational Therapy from the University of Dublin, or Master of Science in Occupational Therapy (Professional Qualification) from the University of Limerick, or Diploma of the College of Occupational Therapy.
\n
5.
\n
Orthoptists Diploma of British Orthoptics, or Bachelor of Medical Science in Orthoptics, or Bachelor of Medical Science (Honours) in Orthoptics, or Bachelor of Science (Honours) in Orthoptics.
\n
6.
\n
Physiotherapists Bachelor of Science (Honours) in Physiotherapy from the University of Dublin, or Bachelor of Science in Physiotherapy from the Royal College of Surgeons in Ireland, or Bachelor in Physiotherapy (Honours) from the National University of Ireland, or Diploma in Physiotherapy of the National University of Ireland or of the University of Dublin.
\n
7.
\n
Podiatrists Bachelor of Science in Podiatry.
\n
8.
\n
Psychologists A recognised University degree or diploma obtained with first or second class honours in which psychology was taken as a major subject and honours obtained in that subject.
\n
9.
\n
Radiographers Diploma of the College of Radiographers, or Bachelor of Science (Radiography) from the National University of Ireland, or Bachelor of Science (Therapeutic Radiography) from the University of Dublin.
\n
10.
\n
Social Care Workers National Diploma in Child Care awarded by the Higher Education and Training Awards Council/Dublin Institute of Technology, or National Diploma in Applied Social Care Studies awarded by the Higher Education and Training Awards Council/Dublin Institute of Technology, or Diploma in Social Care awarded by the Higher Education and Training Awards Council/Dublin Institute of Technology, or Diploma in Applied Social Studies/Social Care from the Dublin Institute of Technology, or Open Training College National Diploma in Applied Social Studies (Disability).
\n
11.
\n
Social Workers National Qualification in Social Work awarded by the National Social Work Qualifications Board, or Certificate of Qualification in Social Work awarded by the Central Council for Education and Training in Social Work, U.K.
\n
12.
\n
Speech and Language Therapists Bachelor of Science (Clinical Speech and Language Studies) from the University of Dublin, or Bachelor of Arts (Moderatorship) (Remedial Linguistics) from the University of Dublin, or Bachelor of Arts (Remedial Linguistics) from the University of Dublin, or Master of Science in Speech and Language Therapy (Professional Qualification) from the University of Limerick, or Licentiateship of the College of Speech Therapists.
\n
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