Health and Social Care Professionals Act 2005

Inhalt

1. Art. 1 Short title.
2. Art. 2 Commencement.
3. Art. 3 Interpretation.
4. Art. 4 Designated professions.
5. Art. 5 Expenses of administering this Act.
6. Art. 6 Establishment of Council.
7. Art. 7 Object of Council.
8. Art. 8 Functions and powers of Council.
9. Art. 9 Membership of Council.
10. Art. 10 Allowances for expenses of members.
11. Art. 11 Chief executive officer.
12. Art. 12 Staff and consultants.
13. Art. 13 Superannuation.
14. Art. 14 Membership of either House of Oireachtas or European Parliament.
15. Art. 15 Disclosure of interests by members of Council or committee.
16. Art. 16 Disclosure of interests by staff.
17. Art. 17 Expenses of Council.
18. Art. 18 Power to charge and recover fees.
19. Art. 19 Power to borrow.
20. Art. 20 Gifts.
21. Art. 21 Accounts and audit.
22. Art. 22 Council’s power to make rules.
23. Art. 23 Committees of Council.
24. Art. 24 Removal of members of Council from office.
25. Art. 25 Annual report of Council.
26. Art. 26 Establishment of registration boards.
27. Art. 27 Object, functions and powers of registration boards.
28. Art. 27A Functions of registration boards: approval of qualifications, etc.
29. Art. 28 Membership of registration boards.
30. Art. 28A Membership of registration boards of 2 or more designated professions
31. Art. 29 Allowances for expenses of members.
32. Art. 30 Registrar, deputy registrars and administrative support.
33. Art. 31 Registration board’s power to make bye-laws.
34. Art. 32 Publication and other requirements relating to draft and other bye-laws.
35. Art. 33 Committees of registration board.
36. Art. 34 Removal of members of registration board from office.
37. Art. 35 Annual report of registration board.
38. Art. 36 Establishment and maintenance of registers.
39. Art. 36A Transitional provisions applicable to registers of members of designated professions of optometrist and dispensing optician
40. Art. 36B Transitional provisions applicable to register of radiographers
41. Art. 37 Application for registration.
42. Art. 38 Registration in register of designated profession.
43. Art. 39 Removal of names from register at registrants' request and restoration to register.
44. Art. 40 Removal of names from register for failure to pay annual fee and restoration to register.
45. Art. 40A Conditions attached to registration
46. Art. 41 Certificate of registration and notification of decision.
47. Art. 42 Content of notification of decision.
48. Art. 42A Performance of functions under section 27A.
49. Art. 42B Right to apply to Council in relation to performance of functions under section 27A.
50. Art. 43 Right to apply to Council for cancellation of decision refusing to grant or restore registration.
51. Art. 44 Appeal to High Court from Council’s decision under section 43.
52. Art. 44A Declarations by registrants in relation to certain matters in State or other jurisdictions, etc.
53. Art. 45 Updating of registrant information and correction of errors.
54. Art. 45A Council may request certain information concerning registrant from certain bodies in State or other jurisdictions.
55. Art. 46 Access to, and publication of, registers.
56. Art. 47 Evidence relating to registration, etc.
57. Art. 48 Approval of education and training programmes.
58. Art. 49 Monitoring of continuing suitability of education and training programmes.
59. Art. 50 Definitions (Part 6).
60. Art. 51 Disciplinary committees.
61. Art. 52 Complaints about conduct or competence of registrants.
62. Art. 53 Referral of complaints to preliminary proceedings committee.
63. Art. 53A Persons to assist preliminary proceedings committee
64. Art. 54 If, in opinion of preliminary proceedings committee, complaint does not warrant further action.
65. Art. 55 Resolution of complaints by mediation or other informal means.
66. Art. 56 Referral of complaint to mediation, etc., or to committee of inquiry.
67. Art. 57 Duty to notify registrant of referral to, and hearing by, committee of inquiry.
68. Art. 58 Conduct of hearing.
69. Art. 59 Powers and protections relating to witnesses and evidence.
70. Art. 60 If immediate suspension of registration is necessary to protect the public.
71. Art. 61 If registrant consents to censure or remedial action, etc.
72. Art. 62 If complaint is withdrawn.
73. Art. 63 Report to Council by committee of inquiry.
74. Art. 64 Steps to be taken by Council after receiving report.
75. Art. 65 Duty of registration board to recommend appropriate disciplinary sanction.
76. Art. 66 Direction by Council to impose disciplinary sanction.
77. Art. 67 Duty to notify registrant of Council's directions.
78. Art. 68 Confirmation by High Court required before certain directions become effective.
79. Art. 69 Application to High Court for cancellation of Council's direction.
80. Art. 70 Application to High Court for confirmation of Council's direction.
81. Art. 71 Evidence relating to application to High Court and right of appeal from decision under section 69 or 70.
82. Art. 72 Duty to notify registrant of compliance with directions confirmed or given by High Court.
83. Art. 73 Restoration to register.
84. Art. 74 Removal of conditions of registration.
85. Art. 75 Appeal to High Court from Council's decision under section 73 or 74.
86. Art. 76 Notification to Minister and employer of certain disciplinary matters.
87. Art. 77 Disciplinary information may be published in public interest.
88. Art. 78 Privilege relating to disciplinary proceedings.
89. Art. 78A Information Council may publish in public interest
90. Art. 79 Use of professional titles.
91. Art. 80 Offences.
92. Art. 81 Prosecution of offences.
93. Art. 81A Restriction on prescribing spectacles and dispensing prescriptions for spectacles
94. Art. 81B Restriction on selling spectacles
95. Art. 81C Bye-laws for regulation and control of prescribing, dispensing of prescriptions or sales
96. Art. 81D Bye-laws for control of advertising
97. Art. 81E Saver for manufacture of spectacles, etc.
98. Art. 82 Definitions (Part 8).
99. Art. 83 Transfer day and dissolution of Board.
100. Art. 84 Transfer of staff.
101. Art. 85 Transfer of property and liabilities to Council.
102. Art. 86 Preservation of certain contrancts and adaptation of references.
103. Art. 87 Pending legal proceedings.
104. Art. 88 Preparation of accounts.
105. Art. 89 Revocation of order.
106. Art. 90 Definitions (Part 9)
107. Art. 91 Registration of existing practitioners.
108. Art. 91A Use of professional titles.
109. Art. 91B Definition of "Opticians Board"
110. Art. 91C Dissolution of Opticians Board
111. Art. 91D Transfer of staff
112. Art. 91E Transfer of property and liabilities to Council
113. Art. 91F Preservation of certain contracts, etc., and adaptation of references
114. Art. 91G Pending legal proceedings
115. Art. 91H Preparation of accounts
116. Art. 91I Transfer of records
117. Art. 91J Liability of Opticians Board for acts or omissions
118. Art. 92 Liability of Council and registration boards for acts or omissions.
119. Art. 93 Judicial notice of seals and admissibility of sealed instruments.
120. Art. 94 How registrants, former registrants and applicants are to be notified.
121. Art. 95 Minister’s power to make regulations.
122. Art. 96 Minister's power to amend or revoke certain orders.
123. Art. 97 Investigations
124. Art. 98 Special measures registration having regard to Covid-19
125. Art. 99 Admissibility of certain documents relating to proceedings in State or other jurisdictions
126. Art. 100 Power to specify form of documents