Health (Miscellaneous Provisions) Act 2007 No 42 of 2007
Source: Iris Oifigiúl 2007-12-21

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paragraphs: — This Act may be cited as the Health (Miscellaneous Provisions) Act 2007.
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paragraphs: — In this Act—
“ Act of 1961 ” means the Health (Corporate Bodies) Act 1961 ;
“ Act of 2004 ” means the Health Act 2004 ;
“ Act of 2007 ” means the Medical Practitioners Act 2007 ;
“ Minister ” means the Minister for Health and Children.
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paragraphs: — The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: — Section 70 of the Act of 2004 is repealed.
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paragraphs: — (1) Subject to subsection (6), every order under section 3 of the Act of 1961 made before the passing of this Act shall have statutory effect as if it were an Act of the Oireachtas.
(2) Every act done, or purporting to have been done, by a body established under section 3 of the Act of 1961 under and in accordance with an order made under that section shall be, and be deemed always to have been, valid and effectual for all purposes.
(3) If subsection (1) or (2) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.
(4) This section shall not operate to prevent the making of an order under section 83 of the Health and Social Care Professionals Act 2005 .
(5) The Public Service Superannuation (Miscellaneous Provisions) Act 2004 shall, in so far as it applied to an official, servant, employee or member of the staff of a body established under section 3 of the Act of 1961 immediately before the passing of this Act, continue to so apply after the passing of this Act.
(6) This section shall not apply to an order—
(a) that, immediately before the passing of this Act, stood revoked under section 7 of the Act of 1961, or
(b) if, immediately before such passing, the body established by the order stood dissolved under any other enactment.
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paragraphs: — (1) Every act done, or purporting to have been done, by a dissolved body under and in accordance with an order made under section 3 or 3A (inserted by section 75 and Part 3 of Schedule 6 of the Act of 2004) of the Act of 1961 shall be, and be deemed always to have been, valid and effectual for all purposes.
(2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.
(3) In this section “ dissolved body ” means—
(a) a body established under an order that, immediately before the passing of this Act, stood revoked under section 7 of the Act of 1961, or
(b) a body that, immediately before such passing, stood dissolved under any other enactment.
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paragraphs: — The orders referred to in column (1) of Schedule 1 are amended to the extent specified in column (2) of that Schedule.
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paragraphs: — (1) The Minister may, with the consent of the Minister for Finance, advance to a body established under section 3 of the Act of 1961, out of moneys provided by the Oireachtas, such sum as the Minister may determine.
(2) This section shall not apply to—
(a) the body established by the National Haemophilia Council (Establishment) Order 2004 ( S.I. No. 451 of 2004 ), or
(b) the body established by the National Paediatric Hospital Development Board (Establishment) Order 2007 ( S.I. No. 246 of 2007 ).
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paragraphs: — The First Schedule to the Comptroller and Auditor General (Amendment) Act 1993 is amended by the insertion of the following:
“Each body established by an order to which section 5 of the Health (Miscellaneous Provisions) Act 2007 applies”.
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paragraphs: — Section 1 of the Act of 2007 is amended by the addition of the following subsection:
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paragraphs: — Section 2 of the Act of 2007 is amended by—
(a) the substitution of the following definition for the definition of “ registered ”:
“ ‘ registered ’, in relation to a medical practitioner, means registered under section 44, 46, 47, 48, 49 or 50;”,
and
(b) the substitution of the following definition for the definition of “ registered medical practitioner ”:
“ ‘ registered medical practitioner ’—
(a) before the register establishment day, means a medical practitioner whose name is for the time being entered in the General Register of Medical Practitioners, and
(b) on and after the register establishment day, means a medical practitioner whose name is for the time being entered in the register;”.
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paragraphs: — Section 4 of the Act of 2007 is amended—
(a) by the substitution of the following subsections for subsection 1:
“(1) Notwithstanding the repeal of section 6 of the Act of 1978 by section 3, the body known as Comhairle na nDochtÃºirÃ­ Leighis, or in the English language as the Medical Council, established by that section of that Act shall continue in being.
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paragraphs: — Section 17 of the Act of 2007 is amended—
(a) in subsection (8), by the substitution of “Subject to subsection (8A), the 6 registered medical practitioners” for “The 6 registered medical practitioners”,
(b) by the insertion of the following subsection after subsection (8):
“(8A) The references in subsection (8) to the Specialist Division shall, for the purposes of the first election and appointment of medical practitioners under subsection (1)(f), be construed as references to the Register of Medical Specialists.”,
(c) in subsection (9), by the substitution of the following paragraph for paragraph (b):
“(b) a person appointed to be a member of the Council pursuant to section 9 of the Act of 1978 shall, subject to that Act, continue to be a member of the Council until the first appointment of persons to be members of the Council pursuant to subsection (1) whereupon the person shall cease to be a member of the Council unless he or she is one of those persons so first appointed.”,
and
(d) by the addition of the following subsection after subsection (9):
“(10) Notwithstanding the appointment of persons to be members of the Council pursuant to this section, the Council may, without prejudice to section 4, perform any function assigned to it by any provision of the Act of 1978 until such provision is repealed.”.
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paragraphs: — Section 36(1) of the Act of 2007 is amended by the substitution of the following paragraph for paragraph (b):
“(b) the annual retention of the registration under section 44, 46, 47, 48 or 49, of a medical practitioner,”.
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paragraphs: — Section 43(2) of the Act of 2007 is amended—
(a) in paragraph (a), by the substitution of “registered in that division pursuant to section 44 or 46” for “registered in that division pursuant to section 46”,
(b) in paragraph (b), by the substitution of “registered in that division pursuant to section 44 or 47” for “registered in that division pursuant to section 47”,
(c) in paragraph (c), by the substitution of “registered in that division pursuant to section 44, 48 or 49” for “registered in that division pursuant to section 48 or 49”, and
(d) in paragraph (d), by the substitution of “registered in that division pursuant to section 44 or 50” for “registered in that division pursuant to section 50”.
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paragraphs: — Section 44 of the Act of 2007 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) A medical practitioner whose name is, immediately before the register establishment day, entered in the General Register of Medical Practitioners shall, on that day, be deemed to be registered in the register.”,
and
(b) in subsection (2), by the substitution of “the repeal of each of those sections by section 3” for “the commencement of section 3”.
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paragraphs: — Section 52(3) of the Act of 2007 is amended by the substitution of the following paragraph for paragraph (a);
“(a) the practitioner is the subject of—
(i) an application for an inquiry under section 45 of the Act of 1978 which has not been considered or, if appropriate, an inquiry has not been completed under Part V of that Act, or
(ii) a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if appropriate, Parts 8 and 9, or”.
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paragraphs: — Section 59 of the Act of 2007 is amended by the insertion of the following subsection after subsection (1):
“(1A) The Preliminary Proceedings Committee may, for the purposes of considering whether there is sufficient cause to warrant further action being taken in relation to a complaint, take account of such matters relating to the registered medical practitioner the subject of the complaint that arise from its investigation of the complaint as it considers appropriate and references to a complaint in this section (other than subsection (10)), in the definitions of ‘allegation’ and ‘inquiry’ in section 2 and in sections 7(2)(j), 11(2)(g), 20(2), 52(3)(a), 60 to 65, 67 to 71 and 79(2) shall be construed as including references to any such matter.”.
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paragraphs: — Schedule 2 to the Act of 2007 is amended by the substitution of the following paragraph for paragraph 2:
“2. No person shall hold office as a member of the Council for more than 2 consecutive terms irrespective of the period of each of those terms (for which purpose membership of the Council which occurred before the commencement of this paragraph shall be taken into account).”.
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paragraphs: — Each section of the Act of 2007 mentioned in column (1) of Schedule 2 is amended to the extent specified in column (2) of that Schedule opposite the said mention.
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paragraphs: — Section 38 of the Act of 2004 is amended by—
(a) the substitution of the following subsection for subsection (4):
“(4) The expenses incurred in the carrying out of an audit of accounts submitted for examination in accordance with subsection (3) shall be payable by the service provider who so submitted them for examination.”,