Medical Practitioners Act, 1978
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —This Act may be cited as the Medical Practitioners Act, 1978.
num: 2
paragraphs: —In this Act—
num: 3
paragraphs: —This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
num: 4
paragraphs: —The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
num: 5
paragraphs: —The enactments specified in the First Schedule to this Act are hereby repealed.
num: 6
paragraphs: —(1) There shall, by virtue of this section, be established on the establishment day a body to be known as Comhairle na nDochtÃºiri Leighis, or in the English language as the Medical Council (in this Act referred to as the Council) to fulfil the functions assigned to it by this Act.
(2) The Council shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name, and to acquire, hold and dispose of land.
(3) The Council may, subject to the provisions of this Act, regulate its own procedure.
num: 7
paragraphs: —(1) The Medical Registration Council shall, on the establishment day, be dissolved by virtue of this section.
(2) All property, whether real or personal (including choses-in-action), which immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for the Medical Registration Council, and all rights, powers and privileges relating to or connected with any such property, shall on the establishment day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Council.
(3) All property transferred by this section which immediately before the establishment day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the Medical Registration Council shall, upon the request of the Council made at any time on or after the establishment day, be transferred in those books by the bank, corporation or company into the name of the Council.
(4) Every chose-in-action transferred by this section may, on or after the establishment day, be sued upon, recovered, or enforced by the Council in its own name and it shall not be necessary for the Council to give notice to the person bound by any such chose-in-action of the transfer effected by this section.
(5) Every debt or other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment day is owing and unpaid and is undischarged by the Medical Registration Council shall, on the establishment day, become and be the debt or liability of the Council and shall be paid and discharged by and may be recovered from and enforced against the Council accordingly.
(6) Every contract which was entered into and is in force immediately before the establishment day between the Medical Registration Council and any person shall continue in force on or after the establishment day but it shall be construed and have effect as if the Council were substituted therein for the Medical Registration Council and shall be enforceable by or against the Council accordingly.
(7) Where immediately before the establishment day, any legal proceedings are pending to which the Medical Registration Council is a party, the name of the Council shall be substituted for that of the Medical Registration Council and the proceedings shall not abate by reason of such substitution.
(8) Section 12 of the Finance Act, 1895 , shall not apply to the vesting in the Council of the property or rights transferred by this section.
(9) Any contract of service (express or implied) in force immediately before the establishment day between the Medical Registration Council and any person shall continue in force on or after the establishment day, but shall be construed and have effect as if the name of the Council were substituted therein for the name of the Medical Registration Council and every such contract shall be enforceable accordingly by or against the Council.
num: 8
paragraphs: —(1) The Council shall as soon as may be after its establishment provide itself with a seal.
(2) The seal of the Council shall be authenticated by the signature of the President of the Council or such other member thereof as may be authorised by the Council to act in that behalf and the signature of an officer of the Council authorised by the Council to act in that behalf.
(3) Judicial notice shall be taken of the seal of the Council, and every document purporting to be an instrument made by the Council and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Council shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.
num: 9
paragraphs: —(1) The Council shall consist of twenty-five members appointed in the following manner, that is to say—
(a) one person appointed by each of the following bodies—
(i) University College Cork,
(ii) University College Dublin,
(iii) University College Galway,
(iv) the University of Dublin, and
(v) the Royal College of Surgeons in Ireland;
(b) two other persons appointed by the Royal College of Surgeons in Ireland, of whom one shall be appointed to represent the surgical specialties, and the other shall be appointed to represent jointly the specialties of anaesthetics and radiology;
(c) two persons appointed by the Royal College of Physicians of Ireland, of whom one shall be appointed to represent the medical specialties, and the other shall be appointed to represent jointly the specialties of pathology, obstetrics and gynaecology;
(d) one person appointed by the Minister after consultation with such body or bodies as, in his opinion, represent psychiatry;
(e) one person appointed by the Minister after consultation with such body or bodies as, in his opinion, represent general medical practice;
(f) ten fully registered medical practitioners engaged in the practice of medicine in the State of whom at least—
(i) two shall be consultants in general hospitals not being consultant psychiatrists,
(ii) one shall be a consultant psychiatrist,
(iii) one shall be engaged in community medicine,
(iv) one shall be engaged in hospital practice, other than as a consultant, and
(v) two shall be general practitioners,
appointed by election by fully registered medical practitioners; and
(g) four persons appointed by the Minister, at least three of whom—
(i) shall not be registered medical practitioners, and
(ii) shall, in the opinion of the Minister, represent the interests of the general public.
(2) The Minister may, by regulations made with the consent of the Council, vary the provisions of subsection (1) of this section.
(3) Whenever the Minister proposes to make regulations pursuant to subsection (2) of this section, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.
num: 10
paragraphs: —The Minister shall take all steps necessary to secure the appointment of members to the first Council established after the commencement of this Act and the Council shall take all steps necessary to secure the appointment of members to any subsequent Council.
num: 11
paragraphs: —(1) Before the establishment day, in the case of the first election of members to the Council pursuant to this Act, and before the commencement of their term of office in the case of every subsequent election, the members of the Council to be elected in accordance with section 9 (1) (f) of this Act, shall be elected by way of an election held in accordance with regulations made by the Minister and any such regulations may, in particular, specify, in relation to any class of persons specified in the regulations, the qualifications to be held by candidates for election to the Council.
(2) In the case of the first election to the Council, the returning officer for that election shall be appointed by the Minister, and inthe case of every subsequent election, the returning officer for such election shall be appointed by the Council.
num: 12
paragraphs: —(1) The first meeting of the Council shall be held on a day to be appointed by the Minister and the Minister shall notify the members of the Council of the time and place of such meeting.
(2) The Council shall meet at the time and place appointed by the Minister under this section for its first meeting and shall thereupon enter on its duties under this Act.
num: 13
paragraphs: —(1) The Council may, subject to the subsequent provisions of this section, from time to time establish committees to perform such, if any, functions of the Council as, in the opinion of the Council, may be better or more conveniently performed by a committee, and are assigned to a committee by the Council.
(2) In particular and without prejudice to the generality of subsection (1) of this section, the Council shall—
(a) establish a committee to act in relation to its functions pursuant to Part IV of this Act, and
(b) establish a committee to act in relation to its functions pursuant to Part V of this Act.
(3) A committee established under this section, other than the committee referred to in subsection (2) (b) of this section may, if the Council thinks fit, include in its membership persons who are not members of the Council.
(4) The chairman of every committee established under this section shall be a member of the Council provided that in the case of the committee referred to in subsection (2) (b) of this section the chairman shall be a member of the Council other than the President or the Vice-President of the Council.
(5) The committee established under subsection (2) (a) of this section shall include in its membership each person appointed to the Council pursuant to section 9 (1) (a) of this Act.
(6) Every member of the committee referred to in subsection (2) (b) of this section shall be a member of the Council and—
(a) a majority of the members of such committee shall be persons who have been appointed by election to the Council, and
(b) at least one member of such committee shall be a person other than a registered medical practitioner who has been appointed to the Council by the Minister pursuant to section 9 (1) (g) of this Act.
(7) The acts of a committee established under this section shall be subject to confirmation by the Council unless the Council, at any time, dispenses with the necessity for such confirmation.
(8) The Council may, subject to the provisions of this Act, regulate the procedure of committees established under this section, but, subject to any such regulation, committees established under this section may regulate their own procedure.
num: 14
paragraphs: —A member of the Council or of any committee established by the Council shall be paid, out of funds at the disposal of the Council, such allowances for travelling and subsistence expenses incurred in respect of his attendance at a meeting of the Council or otherwise in connection with the affairs of the Council as the Minister, with the consent of the Minister for the Public Service, may determine.
num: 15
paragraphs: —(1) If the Council fails, neglects or refuses to perform any function assigned to it under this Act, the Minister may, by order, direct the Council to discharge that function and for that purpose to do such other matters or things ancillary or incidental thereto as may be specified in the order.
(2) If the Council fails to comply with any direction of the Minister contained in an order made by him under subsection (1) of this section, the Minister may, by order, remove from office the members of the Council.
(3) An order made by the Minister under this section may contain such provisions as the Minister considers necessary to enable the functions of the Council to be performed notwithstanding the removal from office of its members, and any such order may, in particular, appoint a person or persons to discharge all or any of the functions of the Council.
num: 16
paragraphs: —(1) There shall be a chief officer who shall act and be known as the Registrar of the Council.
(2) The Registrar shall be appointed by the Council and shall hold his office on such terms and conditions and shall perform such duties as the Council from time to time determines.
(3) There shall be paid by the Council to the Registrar out of funds at its disposal such remuneration and allowances as the Council, with the consent of the Minister, from time to time determines.
(4) The Minister may, whenever and so often as he thinks fit, declare that any power conferred on the Council by this section shall be exercisable only with the consent of the Minister and whenever any such declaration is in force, the said power may be exercisable only with such consent.
num: 17
paragraphs: —(1) In addition to the Registrar, the Council shall appoint such and so many persons to be officers and servants of the Council as the Council from time to time thinks proper.
(2) An officer or servant of the Council shall hold his office or employment on such terms and conditions and shall perform such duties as the Council from time to time determines.
(3) There shall be paid by the Council to its officers and servants out of funds at its disposal such remuneration and allowances as the Council, with the consent of the Minister, from time to time determines.
(4) The Minister may, whenever and as often as he thinks fit, declare that any power conferred on the Council by this section shall be exercisable only with the consent of the Minister and whenever any such declaration is in force, the said power may, in relation to any office or employment to which the declaration applies, be exercisable only with such consent.
num: 18
paragraphs: —(1) A person who is a permanent officer of the Council shall cease to be a permanent officer on his attaining the age of 65 years or, in a case where a higher age is fixed by order of the Minister made under this section, on his attaining that age.
(2) The Minister may, by order, amend or revoke an order made under this section, including this subsection.
num: 19
paragraphs: —The Local Government (Superannuation) Act, 1956 , shall apply to the Council and its officers and servants as if it were a local authority and they were officers and servants of a local authority but subject to any modifications (including modifications relating to service reckonable as pensionable service) which may, with the consent of the Minister for the Environment, be determined by the Minister.
num: 21
paragraphs: —(1) The Council shall keep all proper accounts of all income and expenditure of the Council and of the sources of such income and the subject matter of such expenditure and the Council shall keep all proper accounts of property, assets and liabilities of the Council.
(2) The accounts of the Council shall be audited at least once in every year by an auditor appointed for that purpose by the Minister and the fees of such auditor and the expenses generally of such audit shall be paid by the Council as soon as may be after each such audit.
(3) As soon as may be after each audit under this section, a copy of the accounts of the Council and the auditor's certificate and report thereon shall be given to the Minister.
(4) As soon as may be after each audit under this section, the Council shall cause such accounts and the auditor's certificate and report thereon to be printed, published and put on sale, and immediately after each such publication, a copy of such accounts and such certificate and report thereon as so printed and published shall be laid before each House of the Oireachtas.
num: 22
paragraphs: —(1) The Council may, subject to any conditions which may be imposed by the Minister, or in accordance with any directions given by him, borrow money for capital or current purposes.
(2) Any moneys borrowed by the Council pursuant to this section and any interest accruing thereon may be secured on the revenue, funds or property of the Council.
num: 23
paragraphs: —(1) The Council may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.
(2) The Council shall not accept a gift if the conditions attached to the acceptance by the donor are inconsistent with the functions of the Council.
num: 24
paragraphs: —(1) All expenses incurred by the Council shall be defrayed by the Council out of funds at the disposal of the Council.
(2) Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be approved by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 25
paragraphs: —The Council may charge such fees as may, from time to time, be determined by the Council, with the consent of the Minister, for—
(a) the registration of a person in any register maintained by the Council,
(b) the retention of the name of a person in any register maintained by the Council,
(c) the restoration in any register maintained by the Council of the name of any person whose name has been erased or removed pursuant to the provisions of this Act from such register,
(d) the entry of additional qualifications of any person in any register maintained by the Council,
(e) the giving to any person of a certificate of registration, and
(f) any other service which the Council may, from time to time, provide.
num: 26
paragraphs: —(1) As soon as may be after the establishment of the Council the Council shall prepare and establish a register of medical practitioners (in this Act referred to as the register) to be known as the General Register of Medical Practitioners.
(2) The register shall be in such form as the Council shall specify and shall indicate whether each person whose name is registered therein is fully registered, provisionally registered or temporarily registered.
(3) Every person whose name is entered in the register shall, as soon as may be after his registration has been completed, be sent by the Council a certificate stating that his name has been entered in the register.
(4) Every person whose name is entered in the register shall, as soon as may be after he has received the certificate specified in subsection (3) of this section, cause the said certificate to be displayed at the place where he conducts the practice of medicine at all times during which his registration continues and at no other time.
(5) Notwithstanding the repeal of the Medical Praticitioners Act, 1927, effected by this Act, the Register of Medical Practitioners prepared and established by the Medical Registration Council under that Act shall be maintained and kept by the Council until such time as the Council prepares and establishes the register pursuant to subsection (1) of this section and the Register of Medical Practitioners shall until that time be deemed, for the purposes of this Act, to be the register.
num: 27
paragraphs: —(1) Subject to the provisions of this Act, every person whose name, at the date of the establishment of the register, is entered in the Register of Medical Practitioners maintained by the Medical Registration Council pursuant to the Medical Practitioners Acts, 1927 to 1961, shall be registered in the register.
(2) Any person who—
(a) immediately before the establishment of the register was entitled to be registered in accordance with the Medical Practitioners Acts, 1927 to 1961, and was not so registered, or
num: 28
paragraphs: —(1) A person who has been awarded a primary qualification shall not become registered in the register otherwise than by way of provisional registration, unless he has been granted a certificate of experience by the body which awarded him that primary qualification.
(2) A certificate of experience shall not be granted to any person for the purposes of subsection (1) of this section unless, after he had been awarded a primary qualification, that person had been engaged in employment in a residential medical capacity in one or more hospitals approved by the Council for this purpose and had been so engaged for such period or periods as may be determined by the Council.
(3) In this section “employment in a residential medical capacity” means employment in the practice of medicine where the person in question is resident in a hospital where he is employed or conveniently near thereto, and he is, by the terms of his employment, required to be so resident.
num: 29
paragraphs: —(1) Where the Council is satisfied—
(a) that a person, who is not otherwise entitled to registration, is or intends to be in the State temporarily for the purpose of employment in the practice of medicine in a hospital approved of by the Council for the purposes of this section, and
(b) that such person holds a degree, diploma or other qualification which in the opinion of the Council, affords sufficient guarantee that he has the requisite knowledge and skill for the efficient practice of medicine, has passed an examination appropriate for obtaining such degree, diploma or other qualification and possesses a certificate of experience considered by the Council to be equivalent to that required for formal qualification, the Council may, subject to subsection (2) of this section, and upon such person's making application in the form and manner determined by the Council and on payment of the appropriate fee, temporarily register such person in the register for such period as the Council may determine.
(2) The Council may extend a period determined under subsection (1) of this section for such further period or periods as the Council may determine, provided that the aggregate of such periods shall not exceed five years.
num: 30
paragraphs: —The Council may, with the consent of the Minister, prepare and establish a register to be known as the Register of Medical Specialists containing therein a division in respect of each specialty from time to time recognised by the Council pursuant to section 38 of this Act.
num: 31
paragraphs: —(1) Subject to the provisions of this Act, the following persons, who comply with the conditions specified in subsection (2) of this section, shall be entitled to be registered in the Register of Medical Specialists, that is to say—
(a) every registered medical practitioner who, prior to the establishment of that register, has, in the opinion of the Council, completed his specialist training in a specialty recognised by the Council pursuant to section 38 (1) of this Act,
(b) every registered medical practitioner who following the establishment of that register, is granted evidence of satisfactory completion of specialist training by a body recognised by the Council pursuant to section 38 (3) of this Act,
(c) every national of a Member State who possesses a diploma, certificate or other evidence of formal qualification in specialised medicine recognised by the Council and awarded by a competent body or authority designated for that purpose by a Member State, pursuant to any Directive adopted by the Council of the European Communities, and
(d) any person who satisfies the Council that he has completed a programme of training in specialised medicine of a standard considered by the Council to be adequate.
(2) Before any person is registered in the Register of Medical Specialists, he shall—
(a) be fully registered in the register,
(b) apply for registration in the Register of Medical Specialists in the form and manner determined by the Council, and
(c) pay such fee as may be determined by the Council including, if he applies for registration in more than one division of the Register of Medical Specialists, a separate fee in respect of each such registration.
(3) Nothing in this section shall operate to prevent the Council from refusing to register the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of medicine.
(4) On making a decision under subsection (3) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.
(5) A person to whom a decision under subsection (3) of this section relates, may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies, the High Court, on the hearing of the application may either—
(a) declare that it was proper for the Council to make the decision, or
(b) cancel the decision and direct the Council to register the name of the person making the application.
num: 32
paragraphs: —(1) Subject to subsection (2) of this section, any person, who is registered in the register, may at any time after his first registration, apply in the manner and form determined by the Council to have a further qualification entered in the register in addition to his qualifications already entered therein.
(2) The Council shall determine the qualifications not being qualifications required for the purpose of registration, which, on application by any person registered in the register and on payment of the appropriate fee, may be entered in the register as additional qualifications.
(3) Whenever, on an application by any registered medical practitioner, the Council decides to enter in the register, pursuant to this section, any additional qualification in respect of that medical practitioner, the Council shall, as soon as may be after the registration has been completed, send to that medical practitioner a certificate stating that such additional qualification has been entered in the register.
num: 33
paragraphs: —(1) Any registered medical practitioner may apply to the Council to have his name removed from any register maintained by the Council in which his name is registered and, on receipt of such application and on payment of the appropriate fee, the Council may remove the name of the registered medical practitioner from any such register.
(2) Any person, whose name has been removed pursuant to subsection (1) of this section from any register maintained by the Council, may, at any time, apply to the Council to have his name restored to such register, and, subject to the provisions of this Act and on payment of the appropriate fee, the Council may restore the name of that person to any register from which it has been so removed.
(3) In any case where a registered medical practitioner applies to the Council pursuant to this section to have his name removed from any register maintained by the Council and—
(a) an application has been made pursuant to section 45 of this Act for an inquiry into the conduct of that registered medical practitioner, or
(b) that registered medical practitioner has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,
the Council shall not consider the application by that registered medical practitioner to have his name so removed until such time as the Council has decided whether or not the name of such registered medical practitioner should be erased from any such register pursuant to the provisions of this Act.
(4) Nothing in this section shall operate to prevent the Council from refusing to restore the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of medicine.
(5) On making a decision under subsection (4) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.
(6) A person to whom a decision under subsection (4) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies, the High Court, on the hearing of the application may either—
(a) declare that it was proper for the Council to make the decision, or
(b) cancel the decision and direct the Council to restore the name of the person making the application.
num: 34
paragraphs: —(1) For the purpose of keeping any register correct the Council shall from time to time as occasion requires correct all verbal or clerical errors in such register, remove therefrom all entries therein procured by fraud or misrepresentation, enter in any register every change which comes to their knowledge in the addresses of the persons registered therein, and remove from any register the names of all persons whose death has either been notified to, or come to the knowledge of, the Council.
(2) Whenever the Council takes any action pursuant to subsection (1) of this section for the purposes of keeping any register correct, the Council shall forthwith notify the person concerned, or his next of kin, as the case may be, of the action taken and of the reasons therefor.
num: 35
paragraphs: —It shall be the duty of the Council from time to time to satisfy itself—
(a) as to the suitability of the medical education and training provided by any body in the State recognised by the Council for such purpose,
(b) as to the standards of theoretical and practical knowledge required for primary qualifications,
(c) as to the clinical training and experience required for the granting of a certificate of experience, and
(d) as to the adequacy and suitability of postgraduate education and training provided by bodies recognised by the Council for the purposes of medical specialist training.
num: 36
paragraphs: —(1) The Council shall ensure that the requirements relating to education and training for a formal qualification shall satisfy the minimum standards specified in any Directive adopted by the Council of the European Communities relating to that qualification.
(2) The Council shall ensure that the requirements relating to education and training in specialised medicine in the State shall satisfy the minimum standards specified in any Directive adopted by the Council of the European Communities relating to such education and training.
num: 37
paragraphs: —(1) The primary qualifications granted in the State which shall entitle a person to be registered in the register shall be the qualifications specified in the Fourth Schedule to this Act.
num: 39
paragraphs: —(1) There shall by virtue of this section be established a body to be known as an Bord MÃ­ochaine agus DÃ©idliachta IarchÃ©ime, or in the English language as the Postgraduate Medical and Dental Board (in this Act referred to as the Board) to fulfil the functions assigned to it by this Act.
(2) The following provisions shall have effect in relation to the Board—
(a) the Board shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land;
(b) the Board shall not dispose of land or property save with the consent of the Minister;
(c) the Board shall as soon as may be after its establishment provide itself with a seal;
(d) the Minister may, out of moneys provided by the Oireachtas, make grants towards the expenses of the Board;
(e) (i) the Board may appoint such committees as it thinks fit and may define the functions and procedure of any such committee and may delegate specific functions to any such committee;
(ii) the Board may appoint as members of a committee established under this paragraph persons who are not members of the Board;
(f) the Board may, subject to the provisions of this Act, regulate its own procedure;
num: 40
paragraphs: —The functions of the Board shall be:—
(a) to promote the development of postgraduate medical and dental education and training and to co-ordinate such developments;
(b) to advise the Minister, after consultation with the bodies specified in sections 9 (1) (a), 9 (1) (b), 9 (1) (c), 9 (1) (d) and 9 (1) (e) of this Act, and with such other bodies as the Board may consider appropriate, on all matters, including financial matters, relating to the development and co-ordination of postgraduate medical and dental education and training;
(c) to provide career guidance for registered medical practitioners and registered dentists.
num: 41
paragraphs: —The Board shall carry out such functions, other than functions assigned to it by this Act, as may be assigned to it from time to time by the Minister following consultation with the Board in relation to postgraduate medical and dental education and training.
num: 42
paragraphs: —(1) The Board shall consist of twenty-five members, appointed by the Minister, of whom—
(a) each shall be a person having practical experience or special knowledge of the matters relating to the functions of the Board,
and
(b) not less than twenty shall either be registered medical practitioners or registered dentists.
(2) Before making appointments to the Board, the Minister shall consult with—
(a) the Council,
(b) the Dental Board,
(c) the appropriate bodies, and
(d) any organisation which, in the opinion of the Minister, represents, in the State, registered medical practitioners or registered dentists.
(3) In this section “the appropriate bodies” means any body or organisation specified in sections 9 (1) (a), 9 (1) (b), 9 (1) (c), 9 (1) (d) or 9 (1) (e) of this Act or any body or organisation recognised by the Council pursuant to section 38 (3) of this Act.
num: 43
paragraphs: —(1) The Board shall appoint such and so many persons to be officers and servants of the Board as the Board from time to time thinks proper.
(2) An officer or servant of the Board shall hold his office or employment on such terms and conditions and shall perform such duties as the Board from time to time determines.
(3) There shall be paid by the Board to its officers and servants out of funds at its disposal such remuneration and allowances as the Board, with the consent of the Minister, from time to time determines.
(4) The Minister may, whenever and as often as he thinks fit, declare that any power conferred on the Board by this section shall be exercisable only with the consent of the Minister and whenever any such declaration is in force, the said power may, in relation to any office or employment to which the declaration applies, be exercisable only with such consent.
num: 44
paragraphs: — Sections 8 (2), 8 (3), 12 , 14 , 18 , 19 , 20 , 21 , 22 , 23 and 24 of, and Rules 8, 10, 11, 12, 13, 14, 15, 16, 18 and 19 of the Second Schedule to, this Act shall apply to the Board and for this purpose any reference in these sections and Rules to the Council shall be construed as a reference to the Board and any reference therein to the President or Vice-President of the Council shall be construed as a reference to the Chairman or Vice-Chairman of the Board, as the case may be.
num: 45
paragraphs: —(1) The Council or any person may apply to the Fitness to Practise Committee for an inquiry into the conduct of a registered medical practitioner on the grounds of—
(a) his alleged professional misconduct, or,
(b) his fitness to engage in the practice of medicine by reason of physical or mental disability,
and the application shall, subject to the provisions of this Act, be considered by the Fitness to Practise Committee.
(2) Where an application is made under this section and the Fitness to Practise Committee, after consideration of the application, is of opinion that there is not sufficient cause to warrant the holding of an inquiry, it shall so inform the Council and the Council, having considered the matter, may decide that no further action shall be taken in relation to the matter and shall so inform the Committee and the applicant, or it may direct the Committee to hold an inquiry into the matter in accordance with the provisions of this section.
(3) Where an application for an inquiry is made under this section and the Fitness to Practise Committee, after consideration of the application is either of opinion that there is a prima facie case for holding the inquiry or has been given a direction by the Council pursuant to subsection (2) of this section to hold the inquiry, the following shall have effect
(a) the Committee shall proceed to hold the inquiry,
(b) the Registrar, or any other person with the leave of the Fitness to Practise Committee, shall present to the Committee the evidence of alleged professional misconduct or unfitness to practise by reason of physical or mental disability, as the case may be,
(c) on completion of the inquiry, the Committee shall embody its findings in a report to the Council specifying therein the nature of the application and the evidence laid before it and any other matters in relation to the registered medical practitioner which it may think fit to report including its opinion, having regard to the contents of the report, as to—
(i) the alleged professional misconduct of the registered medical practitioner or
(ii) the fitness or otherwise of that practitioner to engage in the practice of medicine by reason of his alleged physical or mental disability
as the case may be.
(4) When it is proposed to hold an inquiry under subsection (3) of this section the person who is the subject of the inquiry shall be given notice in writing by the Registrar sent by pre-paid post to the address of that person as stated in the register of the nature of the evidence proposed to be considered at the inquiry and that person and any person representing him shall be given the opportunity of being present at the hearing.
(5) The findings of the Fitness to Practise Committee on any matter referred to it and the decision of the Council on any report made to it by the Fitness to Practise Committee shall not be made public without the consent of the person who has been the subject of the inquiry before the Fitness to Practise Committee unless such person has been found, as a result of such inquiry, to be—
(a) guilty of professional misconduct, or
(b) unfit to engage in the practice of medicine because of physical or mental disability,
as the case may be.
(6) The Fitness to Practise Committee shall for the purpose of an inquiry held under subsection (3) of this section have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of—
(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and
(b) the compelling of the production of documents,
and a summons signed by the Chairman of the Committee or by such other member of the Committee as may be authorised by the Committee for that purpose may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
(7) Where—
(a) a person on being duly summoned to attend before the Fitness to Practise Committee makes default in attending, or
(b) a person, being in attendance as a witness before the Fitness to Practise Committee, refuses to take an oath lawfully required by the Fitness to Practise Committee to be taken, or to produce any document in his power or control lawfully required by the Fitness to Practise Committee to be produced by him or to answer any question to which the Fitness to Practise Committee may lawfully require an answer, or
(c) a person, being in attendance before the Fitness to Practise Committee, does anything which, if the Fitness to Practise Committee were a court of law having power to commit for contempt, would be contempt of court.
such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.
(8) A witness before the Fitness to Practise Committee shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(9) If the Fitness to Practise Committee require the medical records of a patient of any registered medical practitioner to be produced for the purposes of any inquiry conducted by that Committee, such records shall not be made available to the Committee, without the consent of the patient concerned, unless the Committee specifically direct the registered medical practitioner concerned to produce such records.
num: 46
paragraphs: —(1) Where a registered medical practitioner—
(a) has been found, by the Fitness to Practise Committee, on the basis of an inquiry and report pursuant to section 45 of this Act, to be guilty of professional misconduct or to be unfit to engage in the practice of medicine because of physical or mental disability,
or,
(b) has failed to pay a retention fee charged by the Council under section 25 of this Act after the Council had not less than two months previously by notice in writing sent by pre-paid post to the person, at his address as stated in the register, requested payment of the fee on more than one occasion, the Council may decide that the name of such person should be erased from the register or from the Register of Medical Specialists as the case may be or that during a period of specified duration registration of his name in the register concerned should not have effect.
(2) On making a decision under this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates, at his address as stated in the register, a notice in writing stating the decision, the date thereof and the reasons therefor.
(3) A person to whom a decision under this section relates may, within the period of 21 days, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies—
(a) the High Court, on hearing of the application, may either—
(i) cancel the decision, or,
(ii) declare that it was proper for the Council to make a decision under this section in relation to such person and either (as the Court may consider proper) direct the Council to erase his name from the register concerned or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of his name in that register shall not have effect,
(b) if at any time the Council satisfies the High Court that such person has delayed unduly in proceeding with the application, the High Court shall, unless it sees good reason to the contrary, declare that it was proper for the Council to make a decision under this section in relation to such person and either (as the Court may consider proper) direct the Council to erase his name from the register concerned or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of his name in that register shall not have effect,
(c) the High Court may direct how the costs of the application are to be borne.
(4) Where a person to whom a decision of the Council under this section relates does not, within the period of 21 days beginning on the date of the decision, apply to the High Court for cancellation of the decision, the Council may apply ex parte to the High Court for confirmation of the decision and, if the Council so applies, the High Court, on the hearing of the application shall, unless it sees good reason to the contrary, declare accordingly and either (as the Court may consider proper) direct the Council to erase the name of such person from the register concerned or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of his name in that register shall not have effect.
(5) The decision of the High Court on an application under this section shall be final, save that, by leave of that Court or the Supreme Court, an appeal, by the Council or the person concerned, from the decision shall lie to the Supreme Court on a specified question of law.
(6) (a) On erasing the name of a person from any register under this section, the Council shall forthwith send by pre-paid post to such person, at his address as stated in the register, notice in writing of the erasure.
(b) Where a direction is given under this section that during a specified period registration of the name of a person in any register shall not have effect, the Council shall, before the commencement of that period, send by pre-paid post to such person, at his address as stated in the register, notice in writing of such direction.
(7) The name of any person which has been erased from any register under this section may at any time be restored to that register by direction of the Council but not otherwise, and when a person's name is so restored to that register, the Council may attach to the restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by such person for registration if he was then being registered for the first time) as the Council thinks fit.
(8) Where the registration of a person in any register has ceased to have effect under this section for a period of specified duration, the Council may, if it so thinks fit, on application made to it by such person, by direction terminate the suspension.
(9) On the hearing of an application under this section, the High Court may, if it thinks proper to do so, admit and have regard to evidence of any person of standing in the medical profession as to what is professional misconduct.
num: 47
paragraphs: —(1) The Council, following an inquiry and report by the Fitness to Practise Committee pursuant to section 45 of this Act, may decide to attach such conditions as it thinks fit to the retention in any register maintained under this Act of a person whose name is entered in such register.
(2) On making a decision under this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates, at his address as stated in the register, a notice in writing stating the decision, the date thereof and the reasons therefor.
(3) A person to whom a decision under this section relates may, within the period of 21 days beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies—
(a) the High Court, on the hearing of the application, may either—
(i) cancel the decision, or
(ii) declare that it was proper for the Council to make a decision under this section in relation to such person and (as the Court may consider proper) direct the Council to attach such conditions as the Court thinks fit to the retention of the name of such person in any register maintained under this Act,
(b) if at any time the Council satisfies the High Court that such person has delayed unduly in proceeding with the application, the High Court shall, unless it sees good reason to the contrary, declare that it was proper for the Council to make a decision under this section in relation to such person and (as the Court may consider proper) direct the Council to attach such conditions as the Court may specify to the retention of the name of such person in any register maintained under this Act,
(c) the High Court may direct how the costs of the application are to be borne.
(4) Where a person to whom a decision of the Council under this section relates does not within the period of 21 days beginning on the date of the decision, apply to the High Court for cancellation of the decision, the Council may apply ex parte to the High Court for confirmation of the decision and, if the Council so applies, the High Court, on the hearing of the application shall, unless it sees good reason to the contrary, declare accordingly and (as the Court may consider proper) direct the Council to attach such conditions as the Court may specify to the retention of the name of such person on any register maintained under this Act.
(5) The decision of the High Court on an application under this section shall be final save that, by leave of that Court or the Supreme Court, an appeal by the Council or the person concerned from the decision shall lie to the Supreme Court on a specified question of law.
(6) On attaching conditions under this section to the retention of the name of a person on any register maintained under this Act, the Council shall forthwith send by pre-paid post to such person, at his address as stated in the register, notice in writing of the conditions.
(7) The Council may at any time remove in whole or in part the conditions attached to the retention of the name of any person on any register maintained under this Act.
num: 48
paragraphs: —(1) The Council, following an inquiry and report by the Fitness to Practise Committee pursuant to section 45 of this Act into the conduct of a person whose name is entered in any register maintained under this Act may, on receipt of the report of the Committee, if it so thinks fit, advise, admonish or censure such person in relation to his professional conduct.
(2) The powers conferred by subsection (1) of this section may be exercised either in addition to or in substitution for any of the powers conferred by sections 46 , 47 and 49 of this Act.
num: 49
paragraphs: —(1) Where a registered medical practitioner is convicted in the State of an offence triable on indictment or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, the Council may decide that the name of such person should be erased from the register.
(2) On making a decision under this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates, at his address as stated in the register, a notice in writing stating the decision, the date thereof and the reasons therefor.
(3) A person to whom a decision under this section relates may, within the period of 21 days, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies—
(a) the High Court, on the hearing of the application, may either—
(i) cancel the decision, or
(ii) confirm the decision and direct the Council to erase the name of such person from the register,
(b) if at any time the Council satisfies the High Court that such person has delayed unduly in proceeding with the application, the High Court shall, unless it sees good reason to the contrary, confirm the decision and direct the Council to erase the name of such person from the register,
(c) the High Court may direct how the costs of the application are to be borne.
(4) Where a person to whom a decision of the Council under this section relates does not within the period of 21 days, beginning on the date of the decision, apply to the High Court for cancellation of the decision, the Council may apply ex parte to the High Court for confirmation of the decision and, if the Council so applies, the High Court, on the hearing of the application, shall, unless it sees good reason to the contrary, confirm the decision and direct the Council to erase the name of such person from the register.
(5) The decision of the High Court on an application under this section shall be final, save that, by leave of that Court or the Supreme Court, an appeal, by the Council or the person concerned, from the decision shall lie to the Supreme Court on a specified question of law.
(6) On erasing the name of a person from the register under this section, the Council shall forthwith send by pre-paid post to such person, at his address as stated in the register, notice in writing of the erasure.
(7) The name of any person which has been erased from the register under this section may at any time be restored to the register by direction of the Council but not otherwise, and when a person's name is so restored to the register, the Council may attach to the restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by such person if he was then being registered for the first time) as the Council thinks fit.
num: 50
paragraphs: —Where the Medical Registration Council has decided to hold, or has appointed any member or members of that Council to hold, an inquiry pursuant to section 30 of the Medical Practitioners Act, 1927, and that inquiry has not been completed before the commencement of this Act, the inquiry shall be discontinued and shall be recommenced by the Fitness to Practise Committee as if this Act had been in force at the time at which such decision was taken or such member or members were appointed and the provisions of this Part of this Act shall apply to any inquiry discontinued and recommenced pursuant to this section.
num: 51
paragraphs: —(1) Whenever the Council is satisfied that it is in the public interest so to do, the Council may apply to the High Court for an order in relation to any person registered in any register maintained under this Act that, during the period specified in the order, registration of that person's name in that register shall not have effect.
(2) An application under this section may be made in a summary manner and shall be heard otherwise than in public.
(3) The High Court may make, in any application under this section, such interim or interlocutory order (if any) as it considers appropriate.
num: 52
paragraphs: —Proceedings under section 45 of this Act, proceedings of or communications to or by the Council pursuant to sections 46 , 47 , 48 or 49 of this Act, reports made by the Fitness to Practise Committee to the Council under this Part of this Act and any other communications between the Committee and the Council made in the exercise or performance of the powers, duties or functions of the Committee or the Council, as the case may be, shall in any action for defamation, be absolutely privileged.
num: 53
paragraphs: —(1) Where a person's name has been erased or suspended from the register, the name shall, as soon as may be, if it is registered in the Register of Medical Specialists be erased or suspended therefrom, as the case may be.
(2) Where a person's name has been restored to the register or its suspension from the register has been terminated, the name shall, if it was registered in the Register of Medical Specialists, be restored to such register or its suspension therefrom be terminated, as the case may be.
num: 54
paragraphs: —The Council shall notify the Minister, on the occasion of—
(a) the erasure of the name of a person from a register maintained under this Act,
(b) the restoration of the name of a person to a register maintained under this Act,
(c) the suspension of the name of a person from a register maintained under this Act,
(d) the termination of a period of suspension from a register maintained under this Act, or
(e) the attachment of conditions to the retention of the name of a person on a register maintained under this Act,
of the erasure, restoration, suspension, termination of suspension or attachment of conditions, as the case may be.
num: 55
paragraphs: —(1) The Council shall, on the payment of a special fee to the Council by any person whose name was erased or whose registration was suspended pursuant to section 46 (1) (b) of this Act from any register for non-payment of a retention fee (and for no other reason) restore the person's name to that register or terminate the suspension, as the case may be.
(2) In this section “special fee” means a fee of such amount as may be fixed from time to time by the Council with the consent of the Minister.
num: 56
paragraphs: —The Council may make and carry out arrangements with any person or body to assist the Council or any of its committees in the proper discharge of any of its functions.
num: 57
paragraphs: —(1) The Council shall print, publish and place on sale copies of any register maintained by it at intervals of not more than five years and, in every year in which any register is not printed and published, the Council shall print, publish and place on sale a supplement to each such register.
(2) The most recently published copy of each register maintained by the Council and any supplements thereto shall, at all times, be made available for inspection by any person, during office hours, by the Council at its office and by the chief executive officer of the health board at the headquarters of any health board established under the Health Act, 1970 .
num: 58
paragraphs: —Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a person who is registered in the register.
num: 59
paragraphs: —Every certificate which is required for any purpose by or under any Act for the time being in force (whether passed before or after this Act) to be signed by any physician, surgeon, licentiate in medicine and surgery or other medical practitioner shall on or after the establishment of the register be signed by a person who is registered in the register and no such certificate signed on or after the establishment of the register by a person who is not so registered shall be of any validity or effect.
num: 60
paragraphs: —On and after the establishment of the register, no person shall be entitled to recover in any legal proceedings any fee or charge for or on account of any medical or surgical advice or attendance given by him, or any surgical operation performed by him, or any medicines both prescribed and supplied by him, unless such person was registered in the register at the date on which such advice or attendance was given or such operation was performed or such medicines were prescribed and supplied, as the case may be.
num: 61
paragraphs: —(1) It shall be an offence for a person to—
(a) make any false declaration or misrepresentation for the purpose of obtaining registration in any register maintained by the Council under this Act or to aid and abet the making of any such false declaration or misrepresentation, or
(b) falsely represent himself to be a registered medical practitioner when he is not so registered.
(2) A person who contravenes the provisions of subsection (1) of this section shall be liable on summary conviction to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.
num: 62
paragraphs: —The Council shall carry out such functions as may be assigned to it from time to time by the Minister in relation to the implementation of any Directive adopted by the Council of the European Communities relating to the practice of medicine.
num: 63
paragraphs: —The Council shall carry out such functions, other than functions assigned to it by this Act, as may be assigned to it from time to time by the Minister in relation to medical education and training or other matters relating to the practice of medicine and the persons engaged in such practice.
num: 64
paragraphs: —Every reference to the Medical Registration Council contained in any other enactment or any statutory instrument shall be construed as a reference to the Council.
num: 65
paragraphs: —(1) The Minister may make regulations for the purposes of giving effect to any of the provisions of this Act.
(2) Every regulation, other than a regulation made under section 9 (2) of this Act, made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 66
paragraphs: —The Minister may by regulations make in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptation or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.
num: 67
paragraphs: —Notwithstanding the repeal of the Medical Practitioners Act, 1927, effected by this Act, any order made under section 26 of that Act shall continue in force and effect until such time as it may be terminated by an order made by the Government under this section.
num: 68
paragraphs: —(1) Notwithstanding the repeal of the Medical Practitioners Act, 1927, effected by this Act, the agreement specified in the First Schedule to that Act shall continue to have full force and effect until such time as the Minister, by order made under this section, declares that, pursuant to an agreement made between the Government and the Government of the United Kingdom, the said agreement shall cease to have effect.
(2) An order made by the Minister under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary.
num: 69
paragraphs: —(1) It shall be a function of the Council to advise the Minister, either at the request of the Minister or on its own initiative, on all matters relating to the functions assigned to the Council under this Act.
(2) It shall be a function of the Council to give guidance to the medical profession generally on all matters relating to ethical conduct and behaviour.
(3) It shall be a function of the Council to inform the public on all matters of general interest relating to the functions of the Council.