Medical Practitioners Act 2007

(a) the General Division, which shall include the names of those medical practitioners F98[registered in that division pursuant tosection 44or46] and such other identifying particulars of those practitioners as the Council considers appropriate,

(b) the Specialist Division, which shall include the names of those medical practitioners F98[registered in that division pursuant to section44or47] and such other identifying particulars of those practitioners as the Council considers appropriate,

(c) the Trainee Specialist Division, which shall include the names of those medical practitioners F98[registered in that division pursuant tosection 44,48or49] and such other identifying particulars of those practitioners F97[as the Council considers appropriate,]

(d) the Visiting EEA Practitioners Division, which shall include the names of those medical practitioners F98[registered in that division pursuant tosection 44or50] and such other identifying particulars of those practitioners F97[as the Council considers appropriate, and]

F99[(e) the Supervised Division, which shall include the names of those medical practitioners registered in that division pursuant tosection 50Aand such other identifying particulars of those practitioners (including the individually numbered, identifiable post to which each such registration applies) as the Council considers appropriate.]

(3) The register may be established and maintained in paper or electronic form.

(4) A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

(a) a person named in the certificate—

(i) was a registered medical practitioner,

(ii) was a registered medical practitioner in the General Division, the Specialist Division, F97[the Trainee Specialist Division, the Visiting EEA Practitioners Division or the Supervised Division,] or

(iii) was not a registered medical practitioner,

or

(b) the registration of a medical practitioner named in the certificate—

(i) was suspended, or

(ii) was subject to the relevant conditions specified in the certificate,

shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(5) The Council shall, as soon as is practicable after a medical practitioner has been registered and the appropriate fees paid, give the practitioner a certificate stating—

(a) the practitioner’s name,

(b) the registration number attached to the practitioner’s registration,

(c) the division of the register in which the practitioner’s name has been included, and

(d) such other identifying particulars of the practitioner as the Council considers appropriate.

(6) Where relevant conditions have been attached to the registration of a practitioner, the Council shall enter in the register—

(a) a statement that the practitioner’s registration is subject to conditions, and

(b) particulars of the conditions.

(7) A registered medical practitioner shall, as soon as may be after the practitioner has received the certificate referred to in subsection (5) and if it is practicable to do so, cause the certificate to be displayed—

(a) at the principal place where the practitioner practises medicine, and

(b) at all times during which the practitioner’s registration continues and at no other time.

(8) A registered medical practitioner shall, as soon as may be after the person has received the certificate referred to in subsection (5), cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic format, relating to that practitioner’s practice as a registered medical practitioner.

F100[(7A) A registered medical practitioner shall, as soon as may be after the practitioner has received the certificate referred to insubsection (5)and, if it is practicable to do so, cause evidence in the manner specified by rules (if any) made undersection 11(2)(va), of the minimum level of indemnity (if any) applicable to him or her to be displayed—

(a) at the principal place where the practitioner practises medicine, and

(b) at all times during which the practitioner’s registration continues and at no other time.]

44. Transitional provisions applicable to register.

44.— F102[(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.]

(2) Without prejudice to the operation of subsection (3), a medical practitioner whose name is entered in the General Register of Medical Practitioners pursuant to—

(a) section 28 (as substituted by section 6 of the Act of 2002) of the Act of 1978, or

(b) section 29 (as amended by section 7 of the Act of 2002) of the Act of 1978,

may, for so long as the practitioner’s name is so entered, only practise medicine pursuant to that registration subject to the same conditions that were applicable to the practise of medicine by that practitioner immediately before F102[the repeal of each of those sections bysection 3].

(3) Where the Council gives the Minister a notice in writing stating the date on which the Council will be ready to administer the register, the Minister shall publish a notice in Iris Oifigiúil specifying that date as the date on which the register comes into operation.

(4) The Council shall ensure that, on the register establishment day—

(a) subject to paragraphs (c) to (i), the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day is entered in the General Division,

(b) subject to paragraphs (c) to (i), the name of a medical practitioner whose name is entered in the Register of Medical Specialists immediately before that day is entered in the Specialist Division,

(c) the name of a medical practitioner whose name is entered in both the General Register of Medical Practitioners and the Register of Medical Specialists immediately before that day is only entered in the Specialist Division,

(d) the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day pursuant to section28 (as substituted by section6 of the Act of 2002) of the Act of 1978 is entered in the Trainee Specialist Division,

(e) the name of a medical practitioner—

(i) whose name is entered in the General Register of Medical Practitioners or the Register of Medical Specialists, or both, immediately before that day, and

(ii) who practises medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training,

is only entered in the Trainee Specialist Division,

(f) the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day pursuant to section 29 (as amended by section 7 of the Act of 2002) of the Act of 1978 is only entered in the Trainee Specialist Division,

(g) subject to subsection (5), where any conditions were, immediately before that day, attached to the registration of any medical practitioner whose name is entered in the General Register of Medical Practitioners or the Register of Medical Specialists immediately before that day, there is entered in the register—

(i) a statement that the practitioner’s registration is subject to conditions, and

(ii) particulars of the conditions,

(h) where immediately before that day and pursuant to Part V of the Act of 1978 the registration of the name of a medical practitioner entered in the General Register of Medical Practitioners or the Register of Medical Specialists immediately before that day had no effect for the duration of a specified period which expires on a date after the register establishment day, there is entered in the register—

(i) a statement that the practitioner’s registration has no effect for the time being, and

(ii) a statement as to the date on which the practitioner’s registration will (barring any further sanctions being imposed under this Act on the practitioner) once again have effect,

and

(i) no medical practitioner is registered in more than one division of the register except that a medical practitioner who is registered in the Specialist Division may also be registered in the Trainee Specialist Division if, and only if, the practitioner is undergoing specialist training in a medical specialty other than the medical specialty in respect of which the practitioner is registered in the Specialist Division.

(5) The Council is not required to comply with subsection (4)(g) in the case of conditions referred to in that subsection attached to the registration of a medical practitioner referred to in that subsection if the Council is satisfied that the division of the register in which the practitioner is registered makes those conditions redundant.

(6) Nothing in this section shall of itself operate to prevent a medical practitioner registered in the Specialist Division from practising medicine as if the practitioner were registered in the General Division.

44A. F103[Application for recognition of qualification.

44A.—...]

44B. F104[Requirements to be met for recognition of qualification as general qualification.

44B.—...]

44C. F106[Requirements to be met for recognition of qualification as specialist qualification.

44C.—...]

45. Registration of medical practitioners — general.

F107[45.—(1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in a division of the register other than the Supervised Division.

(2) An application undersubsection (1)by a person shall be accompanied by—

(a) subject toparagraph (b), evidence, in the manner specified by rules (if any) made undersection 11(2)(va), that the minimum level of indemnity (if any) applicable to that person is in place, or

(b) if the person does not fall within any class of medical practitioners in so far as a minimum level of indemnity is concerned, evidence of that fact.

(3)Subsection (2)applies, with all necessary modifications, to a renewal or restoration of registration as it applies to a first registration.

(4) The Council shall determine an application undersubsection (1)from a person by registering the person in that division of the register (other than the Supervised Division) which is considered by the Council to be appropriate if—

(a) the Council is satisfied that the person holds a general qualification or specialist qualification,

(b) either—

(i) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State, or

(ii) the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph (1) of that Regulation,

(c) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and

(d) rules made undersection 11apply to the person, the person satisfies the Council that he or she complies with the rules.

(5) Subject tosubsection (6), the Council shall not register a person in more than one division of the register.

(6) A medical practitioner who is registered in the Specialist Division may also be registered in the Trainee Specialist Division if, and only if, the practitioner is undergoing specialist training in a medical specialty other than the specialty in respect of which the practitioner is registered in the Specialist Division.

(7) Notwithstanding any other provision of this Act, the Council shall not register a person unless the Council is satisfied that the person has provided—

(a) subject toparagraph (b), evidence, in the manner specified by rules (if any) made undersection 11(2)(va), that the minimum level of indemnity (if any) applicable to that person is in place, or

(b) if the person does not fall within any class of medical practitioners in so far as a minimum level of indemnity is concerned, evidence of that fact.

(8) The Council may, by notice in writing given to a person who has made an application undersubsection (1), request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.]

46. Medical practitioners to be registered in General Division.

46.— The Council shall register in the General Division a medical practitioner (other than a visiting EEA practitioner)—

(a) who is not able to be registered—

(i) in the Specialist Division pursuant to section 47, or

(ii) in the Trainee Specialist Division pursuant to section 48 or 49,

and

(b) who—

(i) has passed an examination, specified in rules made under section 11 for the purposes of this subparagraph, for the purposes of registration in the General Division,

(ii) is exempted from subparagraph (i) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this subparagraph, for such exemption,

F108[(iii) has his or her qualifications as a medical practitioner recognised under the Regulations of 2017, or]

(iv) subject to rules made under section 11 which apply to this subparagraph, has been granted a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience.

47. Medical practitioners to be registered in Specialist Division.

47. (1) The Council shall, in accordance with the relevant criteria specified in rules made under section 11, register in the Specialist Division the following medical practitioners:

(a) every medical practitioner who has, in the opinion of the Council, completed specialist training in a medical specialty recognised by the Council under section 89(1);

(b) every medical practitioner who is granted evidence of satisfactory completion of specialist training by a body approved under section 89(3)(a)(ii);

F110[(c) every medical practitioner who has his or her qualifications as a specialised doctor recognised under the Regulations of 2017; or]

(d) F111[…]

(e) F111[…]

(f) any medical practitioner who satisfies the Council that the practitioner has completed a programme of training and has acquired sufficient experience in specialised medicine of a standard considered by the Council to be adequate for the purposes of registration in the Specialist Division.

F112[(2) The Council may, until the 1st anniversary of the commencement of section 99 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020, grant registration in any particular list of the Specialist Division to a medical practitioner who—

(a) is registered, or is able to be registered, in the General Division,

(b) on or before 31 December 2008, both met the qualifying criteria for appointment to a medical post in the State as a consultant and occupied such post, and

(c) satisfies the Council that he or she has sufficient competency such that he or she should be registered as a specialist in that list.

(3) For the purposes ofsubsection (2), the Council shall, until the 1st anniversary referred to in that subsection, work with the bodies approved undersection 89(3)(a)to assist medical practitioners registered in the General Division to achieve the necessary standard for registration in the Specialist Division.]

48. Medical practitioners to be registered in Trainee Specialist Division.

F114[48.(1) The Council shall register in the Trainee Specialist Division a medical practitioner who meets all the requirements ofsection 45that apply to him or her and who—

(a) holds a general qualification or specialist qualification, and

(b) practises medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training.

(2) A medical practitioner who is registered in the Trainee Specialist Division but who ceases to practise medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training shall, as soon as is practicable after so ceasing to practise medicine but, in any case, not later than 14 days after so ceasing to practise medicine, give notice in writing to the Council of that fact.

(3) Where—

(a) the Council receives a notice undersubsection (2)from a medical practitioner, or

(b) a medical practitioner fails to comply withsubsection (2),

sections 45(5)and46shall apply to and in relation to the Council and the practitioner.]

49. Internship registration in Trainee Specialist Division.

49.—F115[(1) The Council shall register in the Trainee Specialist Division a medical practitioner who has completed a course of study wholly or mainly in the State, a Member State or the United Kingdom, resulting in the award of a basic medical qualification and who intends to practise medicine in an individually numbered, identifiable intern post which has been approved by the Council for the purposes of intern training.]

(2) Subject to subsection (3), on and after the relevant day, where a medical practitioner has completed a period of internship to the satisfaction of the Council, the Council shall grant the practitioner a certificate of experience.

(3) The Council shall not grant under subsection (2) a certificate of experience to a medical practitioner unless the Council is satisfied that the practitioner has, for the period or periods specified in rules made under section 11 for the purposes of this subsection, been employed as a medical practitioner—

(a) in a hospital, health institution, clinic, general medical practice, or other health service setting, as is specified in rules made under section 11 for the purposes of this subsection, and

(b) such hospital, health institution, clinic, general medical practice, or other health service setting, as the case may be, has been inspected and approved by the Council for acceptable intern training standards.

(4) Notwithstanding F116[the repeal of section 28 of the Act of 1978 bysection 3, that section shall], until the relevant day, and with all necessary modifications, apply to the grant of a certificate of experience under this Act as it applies to the grant of a certificate of experience under the Act of 1978.

(5) Where the Council gives the Minister a notice in writing stating the date on which the Council will be ready to grant certificates of experience, the Minister shall publish a notice in Iris Oifigiúil specifying that date as the date on which the Council shall commence to grant such certificates.

F115[(6) In this section—

"Member State" means—

(a) a state, other than the State, which is a member of the European Union,

(b) a state, other than a member of the European Union, which is a party to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by all subsequent amendments to that agreement, and

(c) Switzerland;

"relevant day" means the date specified in the notice referred to insubsection (5)published in Iris Oifigiúil as the date on which the Council shall commence to grant certificates of experience;

"United Kingdom" means—

(a) the United Kingdom of Great Britain and Northern Ireland,

(b) the Channel Islands, and

(c) the Isle of Man.]

50. Visiting EEA practitioners providing services on temporary and occasional basis.

F118[50.—(1) Where a medical practitioner complies with the requirements ofPart 4and Regulation 85 of the Regulations of 2017,F119[and has provided evidence, in the manner specified by rules (if any) made undersection 11(2)(va), that the minimum level of indemnity (if any) applicable to that practitioner is in place, the Council shall]—

(a) temporarily register the practitioner in the Visiting EEA Practitioners Division, and

(b) enter in the register the particulars contained in the practitioner’s declaration made pursuant to Regulation 13 of the Regulations of 2017,

and may revoke such temporary registration in accordance with Regulation 12(6) of the Regulations of 2017.

(2) A visiting EEA practitioner may advertise his or her services as a medical practitioner.

(3) A visiting EEA practitioner shall not practise medicine in the StateF119[unless he or she has provided evidence in accordance with this section that the minimum level of indemnity (if any) applicable to that practitioner is in place and unless the practice is]in accordance with a declaration made by the practitioner under Regulation 13 of the Regulations of 2017 or in a case of urgency.]

50A. F120[Registration of medical practitioners in Supervised Division.

50A.—(1) The Council shall register in the Supervised Division a medical practitioner who applies to have his or her name entered in the register where that practitioner meets—

(a) the requirements specified in this Act relating to the registration of medical practitioners in the Supervised Division, and

(b) the relevant criteria specified in rules made undersection 11relating to the registration of medical practitioners in the Supervised Division.

(2)Subsection (1)does not apply in relation to a medical practitioner who—

(a) meets the requirements specified in this Act, and

(b) meets the criteria specified in rules made undersection 11,

to permit that practitioner to be registered in another division of the register.

F121[(3) A medical practitioner may not be registered in the Supervised Division for a period in excess of 2 years in aggregate or, with the approval in writing of the Health Service Executive, in excess of 3 years in aggregate in a particular case.

(4) The registration of a medical practitioner in the Supervised Division shall apply to that medical practitioner only in respect of an individually numbered, identifiable post which has been approved by the Council for the purposes of this section and which post is—

(a) subject tosubsection (7), certified by the Health Service Executive to be a publicly funded post, or

(b) funded by a third country which is sponsoring that person.]

(5) The Council shall not approve a post pursuant tosubsection (4)unless it is satisfied that adequate arrangements for the supervision of the medical practitioner to whom the application for registration relates in the performance of his or her duties in the post have been established, having regard to the level of experience of the practitioner to whom the application for registration relates, the seniority of the post and the duties to be performed by that practitioner.

(6) A medical practitioner whose name is entered in the Supervised Division may not practise medicine in the State other than—

(a) in the post referred to insubsection (4)in relation to which that practitioner is registered, and

(b) in accordance with the terms and conditions of employment relating to that post.

(7) The Health Service Executive shall not certify that a post is a publicly funded post unless the remuneration and benefits in respect of the post are funded entirely or to a substantial extent by the Health Service Executive.

(8) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, that person shall cease to be so registered.

(9) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, the employer of that practitioner shall notify the Council of that fact within 5 days of the practitioner ceasing to hold such post.]

51. Registration of additional qualifications.

51.— (1) A registered medical practitioner may make an application, accompanied by the appropriate fee, to the Council to have a qualification acquired by the practitioner and which falls within subsection (2) entered in the register in addition to the practitioner’s qualifications already entered therein.

(2) The Council shall determine the qualifications, not being qualifications required for the purposes of registration, which may be entered in the register as additional qualifications.

(3) Where the Council enters in the register an additional qualification acquired by a medical practitioner, the Council shall, as soon as is practicable thereafter, give the practitioner a certificate stating that the additional qualification has been entered in the register.

52. Application to have registration removed, etc.

52.— (1) A registered medical practitioner may make an application to the Council to have the practitioner’s registration removed.

(2) Subject to subsection (3), the Council shall determine an application under subsection (1) from a registered medical practitioner by removing the practitioner’s registration.

(3) Where the Council receives an application under subsection (1) from a registered medical practitioner and—

F123[(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 underPart 7and, if appropriate,Parts 8and9, or]

(b) the 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,

F125[the Council may consider such an application if the Council is satisfied that the removal of the practitioner’s registration would not be contrary to the public interest] .

(4) A medical practitioner whose registration has been removed pursuant to subsection (2) may make an application, accompanied by the appropriate fee, to the Council to have the practitioner’s registration restored F126[unless the removal of the registration was effected (whether in whole or in part) on the ground that the removal would not be contrary to the public interest as referred to insubsection (3)].

F125[(5) The Council shall determine an application undersubsection (4)from a medical practitioner by restoring the practitioner’s registration unless the Council has ceased to be satisfied that the practitioner is a fit and proper person to practise medicine in the State.]

F124[(5A)Subsections (4)and(5)do not apply to a medical practitioner registered in the Supervised Division.]

(6) Where the Council is satisfied by medical evidence that a registered medical practitioner is suffering from an illness or condition of a permanent or terminal nature which, due to the nature of the condition, renders it impossible for the practitioner—

(a) to practise medicine in a safe and competent manner, and

(b) to notify the Council of the practitioner’s illness or condition, as the case may be,

then the Council may remove the practitioner’s registration.

53. Conditions attached to first registration.

53.— (1) A medical practitioner making an application for registration shall declare in the application whether the practitioner has any relevant medical disability.

(2) Where the Council is satisfied that—

(a) a medical practitioner making an application for registration has a relevant medical disability, and

(b) in the interests of public safety, registration should only be granted to the practitioner subject to conditions on the practising of medicine by the practitioner which take account of that disability,

the Council shall specify the conditions (in this section referred to as the “proposed conditions”) which, in the opinion of the Council, are necessary to be attached to the registration of the practitioner in those interests.

(3) Where the medical practitioner the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions to the practitioner’s registration, the Council shall register the practitioner and at the same time comply with section 43(6) in respect of the conditions.

54. Refusal of registration, etc., and appeal to Court against Council’s decision.

54.— (1) Nothing in sections 45 to 53 shall operate to prevent the Council from refusing to register or restore the registration of a medical practitioner on the grounds of the unfitness of the practitioner to practise medicine.

(2) Where the Council makes a decision—

(a) under subsection (1) to refuse to register or restore the registration of a medical practitioner,

(b) to register a medical practitioner in a division of the register other than the division specified in the practitioner’s application under section 45 for registration, or

(c) to attach conditions to the registration of a medical practitioner pursuant to section 53,

the Council shall forthwith give notice in writing to the practitioner of the decision, the date of the decision and the reasons for the decision.

(3) A medical practitioner the subject of a decision referred to in subsection (2) may, not later than 3 months after the date on which the practitioner was given notice of the decision pursuant to that subsection, appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a medical practitioner—

(a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to register or restore the registration of the practitioner in such division of the register as the Court considers appropriate and with no conditions attached to the registration, or

(II) to register or restore the registration of the practitioner—

(A) in such division of the register as the Court considers appropriate, and

(B) with such conditions attached to that registration as the Court considers appropriate,

and

(b) give the Council such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

54A. F129[Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc.

54A.—(1) Subject tosubsections (2)to(4), a registered medical practitioner, intern or adapter shall, in each year, give to the Council a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.

(2) If, in any year,subsection (1)does not apply to a registered medical practitioner, intern or adapter because there are no particulars referred to in that subsection which he or she is required to give to the Council, the practitioner, intern or adapter shall give to the Council a declaration in writing to that effect.

(3) If, in any year subsequent to a year in which a registered medical practitioner, intern or adapter gave particulars referred to insubsection (1)to the Council, there has been no material change in the matter to which the particulars relate, the practitioner, intern or adapter may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.

(4) A registered medical practitioner, intern or adapter shall, in each year, comply withsubsection (1),(2)or(3)—

(a) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee determined undersection 36(1)(b),(cb)or(ce), as appropriate, and

(b) not later than the last day of that 6 weeks.

(5) A registered medical practitioner, intern or adapter shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council—

(a) a declaration in writing providing particulars of the sanctions (if any) imposed on the practitioner, intern or adapter in consequence of those proceedings, or

(b) if no such sanctions were so imposed, a declaration in writing to that effect.

(6) The Council may, by notice in writing given to a registered medical practitioner, intern or adapter who has made a declaration under this section, require the practitioner, intern or adapter to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.

(7) (a) A registered medical practitioner, intern or adapter shall comply with a notice undersubsection (6)given to the practitioner, intern or adapter.

(b) Where the Council considers that a registered medical practitioner has contravenedparagraph (a), the Council shall forthwith make a complaint.

(8) In this section—

"final determination", in relation to any relevant proceedings and a registered medical practitioner, intern or adapter, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the practitioner, intern or adapter, within the ordinary time in the State or the other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

"relevant proceedings", in relation to a registered medical practitioner, intern or adapter, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the practitioner, intern or adapter is the subject—

(a) in the State or another jurisdiction which may directly or indirectly result in the practitioner, intern or adapter—

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

(b) in another jurisdiction which may result in the practitioner, intern or adapter being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

(c) in the State which may result in the practitioner, intern or adapter being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

55. Correction of register.

55.— (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires correct all clerical errors in the register, remove therefrom all entries therein procured by fraud or misrepresentation, enter in the register every change which comes to the Council’s knowledge in the addresses of the registered medical practitioners, and remove the registration of all registered medical practitioners whose death has been notified to, or comes to the knowledge of, the Council.

(2) Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the medical practitioner concerned, or the practitioner’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.

(3) The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.

(4) Where any particulars entered in the register in respect of a registered medical practitioner change, the practitioner shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.

(5) Where a registered medical practitioner intends to be, or has been, absent from the State for a continuous period of more than 12 months, the practitioner shall, as soon as is practicable, give notice in writing to the Council—

(a) of that fact, and

(b) of particulars of any employment that the practitioner intends to take up, or has taken up, outside the State in a medical capacity.

(6) A registered medical practitioner shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the practitioner’s registration not later than 30 days after that matter comes to the knowledge of the practitioner.

(7) In subsection (6), “material matter”, in relation to a registered medical practitioner, includes—

(a) the imposition of conditions on any registration or licence,

(b) the suspension, withdrawal or removal of any registration or licence, or

(c) the refusal to grant registration or a licence,

in relation to any regulatory body in or outside the State, and any medical capacity of the practitioner, and includes any conviction of a criminal nature whether imposed in or outside the State.

56. F131[Council may request certain information concerning medical practitioners, etc., from certain bodies in State or other jurisdictions.

55A.—...]

56. Publication of register.

56.— (1) Subject to subsection (2), the Council shall ensure that the register is published in the prescribed manner.

(2) The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of registered medical practitioners or other similar details that, in its opinion, should, in the interests of the security of the practitioners, be protected from disclosure.

PART 7 Complaints to Preliminary Proceedings Committee concerning registered medical practitioners

56A. Application of Parts 7, 8 and 9 to medical practitioners previously registered in Supervised Division.

56A.— In this Part and in Parts 8 and 9, notwithstanding the definition of registered medical practitioner in section 2, a reference to a registered medical practitioner shall, subject to section 60(1A) and section 70A, be construed as including a reference to a medical practitioner whose name was previously registered in the Supervised Division but whose name is no longer so registered and who is not registered in any other division of the register whether or not the registration of the medical practitioner ceased before or after the making of a complaint.

56B. F133[Application of Parts 7, 8 and 9 to interns and adapters.

56B.—...]

57. Complaints concerning registered medical practitioners.

57.— (1) A person (including the Council) may make a complaint to the F134[chief executive officer] concerning a registered medical practitioner on one or more than one of the grounds of—

(a) professional misconduct,

(b) poor professional performance,

(c) a relevant medical disability,

(d) a failure to comply with a relevant condition,

(e) a failure to comply with an undertaking or to take any action specified in a consent given in response to a request under F134[section 59A(1)or67(1)],

F135[(ea) the imposition on the practitioner of—

(i) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or

(ii) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

(f) a contravention of a provision of this Act (including a provision of any regulations or rules made under this Act), or

F136[(fa) a failure to comply with regulations made undersection 13(2) of the Health (Pricing and Supply of Medical Goods) Act 2013,]

(g) a conviction in the State for an offence triable on indictment or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment.

(2) A complaint may be made on the grounds of professional misconduct or poor professional performance notwithstanding that the matter to which the complaint relates occurred outside the State.

F137[(2A) (a) The chief executive officer may, in relation to a complaint heard, being heard or to be heard by the Fitness to Practise Committee, whenever he or she considers it necessary to do so, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the medical practitioner the subject of the complaint that the Committee may reasonably require for the performance of its functions.

(b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request underparagraph (a)as soon as is practicable after receiving the request.

(c) The chief executive officer may, whenever he or she considers it necessary to do so, request in writing that the registrar or clerk of a court which has convicted a medical practitioner of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the chief executive officer or Council (including any committee thereof), or both, may reasonably require for the performance of his or her or its functions under this Act in relation to that medical practitioner.

(d) The registrar or clerk of the court concerned the subject of a request underparagraph (c)shall comply with the request as soon as is practicable after receiving the request.

(e) In this subsection, "criminal record", in relation to a medical practitioner, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) of the practitioner for offences (if any).

(2B) Subject tosubsection (2C), where the chief executive officer receives a complaint, he or she shall comply withsection 58Ain respect of the complaint unless—

(a)he or she is satisfied that the complaint is not made in good faith, or

(b) he or she is satisfied that the complaint is frivolous or vexatious.

(2C)Subsection (2B)shall not apply to a complaint where the Council is the complainant.

(2D) Where the chief executive officer decides that a complaint falls withinsubsection (2B)(a)or(b), he or she shall give notice in writing to the complainant (and, if the chief executive officer is of the opinion that it is in the interests of the complainant, or the registered medical practitioner to whom the complaint relates, or of both, to do so, to such practitioner) of the decision and the reasons for the decision.]

(3) The F134[chief executive officer] shall make reasonable efforts to ensure that—

(a) the complainant is kept informed of all decisions made under this Part and, if applicable, Parts 8 and 9 by F134[the chief executive officer, the Preliminary Proceedings Committee], any other committee, or the Council, in relation to the complaint concerned,

F134[(b) the authorised officers act expeditiously, and]

(c) complaints are processed in a timely manner.

F137[(3A) The chief executive officer may, in relation to the complaint concerned, inform, in addition to the complainant, other parties to the proceedings under this Act concerning the complaint, of the decisions referred to insubsection (3)(a).]

(4) F138[…]

(5) Where a complaint falls within subsection (1)(g), the F134[chief executive officer] shall immediately refer the complaint to the Council.

(6) The Council shall consider a complaint referred to it under subsection (5) and—

(a) if it is of the opinion that—

(i) the nature of the offence that is the subject of the complaint or the circumstances in which the offence was committed render the practitioner F139[a person who has permanently ceased to be a fit and proper person to continue to practise medicine], and

(ii) it is in the public interest that it take action immediately under this paragraph,

the Council shall decide under section 71 to impose on the practitioner the sanction referred to in F139[section 71(1)(f)] as if the complaint were a report referred to in section 69(1) of the Fitness to Practise Committee in relation to the complaint, and the other provisions of Part 9 (except section 72(2)) shall apply to that decision accordingly,

(b) in any other case, shall refer the complaint back to the F134[chief executive officer and direct that officer] to deal with the complaint as if the complaint had never been so referred.

(7) Nothing in subsection (6) shall be construed to—

(a) prejudice the generality of section 60, or

(b) limit the range of the sanctions which the Council may decide to impose under section 71 on a registered medical practitioner in any case where the Council has taken the action referred to in subsection (6)(b).

(8) The F134[chief executive officer] shall refuse to consider or further consider a complaint in respect of a matter which occurred before F140[the repeal of section 45 of the Act of 1978 if the matter was the subject of an application under that section].

F137[(8A) A complaint made before the commencement of section 109 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 which has not been disposed of or otherwise dealt with under this Act before that commencement shall be disposed of or otherwise dealt with under this Act as this Act was in force immediately before that commencement.]

(9) A complaint is a protected disclosure under the Health Act 2004 (as amended by the Health Act 2007).

58. Persons to assist Preliminary Proceedings Committee.

58.— F143[(1) The chief executive officer may appoint—

(a) such and so many persons (including any members of the staff of the Council) as he or she deems appropriate to be authorised officers to investigate complaints and to assist the chief executive officer and the Preliminary Proceedings Committee in relation to complaints for such period and subject to such terms as the chief executive officer may determine, and

(b) such other persons as he or she deems appropriate to provide the chief executive officer, the authorised officers or the Preliminary Proceedings Committee with such advice, assistance or expertise as may be required in relation to the consideration or investigation of complaints for such period and subject to such terms as the chief executive officer may determine.

(2) Subject tosubsection (4), the chief executive officer shall specify the functions to be performed by authorised officers.]

(3) Without prejudice to the generality of subsection (2), the functions specified under that subsection may include one or more than one of the following:

F144[(a) investigating complaints,]

F145[(aa) interviewing persons for the purposes of assessing the relevance or evidential value of information or documents they wish to give to the chief executive officer or Preliminary Proceedings Committee;]

(b) interviewing persons as to the evidence they propose to give to the Preliminary Proceedings Committee;

(c) recording, in writing or otherwise, the statements given and answers made by persons whilst being so interviewed;

F146[(d) reporting to the chief executive officer;

(e) requesting persons to provide the chief executive officer with statements in writing concerning any matter relevant to the chief executive officer’s or Preliminary Proceedings Committee’s functions and examining statements given in response to the requests;

(f) requesting suitably qualified experts to provide an authorised officer, the chief executive officer or the Preliminary Proceedings Committee with advice and assistance required to assist in the performance of their functions; and]

F147[(g) providing the chief executive officer or Preliminary Proceedings Committee with any other advice or assistance required in relation to the preparation of the chief executive officer’s or Preliminary Proceedings Committee’s reports.]

(4) F144[An authorised officer]—

(a) shall not administer oaths F148[…], but

(b) may, if authorised by the F144[chief executive officer] to do so, request a person interviewed as described in subsection (3) to sign a record of a statement made or answer given by the person during the interview.

(5) F144[An authorised officer] who makes a request referred to in subsection (4)(b) shall inform the person to whom the request is made of the power under section 66 of the Fitness to Practise Committee to give a direction in relation to the statement or answer the subject of the request.

F144[(6) The chief executive officer shall provide each authorised officer with a warrant—

(a) identifying the authorised officer, and

(b) specifying the functions that the authorised officer has the authority to perform by virtue ofsubsection (2)and, if applicable,subsections (4)(b)and(5).]

F144[(7) Where an authorised officer performs a function specified in that authorised officer’s warrant provided undersubsection (6), the authorised officer shall produce the warrant for inspection at the request of a person in respect of whom the function is performed.]

58A. F149[Investigation of complaints.

58A.—(1) Subject tosection 57(2B), the chief executive officer, following the receipt of a complaint, shall cause such investigation as he or she deems appropriate to be carried out and, for the purposes of the investigation, shall appoint an authorised officer to carry out the investigation.

(2) (a) The chief executive officer and the authorised officer appointed undersubsection (1)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 the investigation of the complaint as they consider appropriate.

(b) References to a complaint in this section (other thansubsection (10)), in the definitions of "allegation" and "inquiry" insection 2and insections 7(2)(j),11(2)(g),20(2),52(3)(a),59Ato65,67to71and79(2)shall be construed as including references to any of the matters referred to inparagraph (a).

(3) The authorised officer shall investigate the complaint and prepare a report for the chief executive officer.

(4) The authorised officer may, by notice in writing given to a complainant, do one or more of the following:

(a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;

(b) request the complainant to provide, within a reasonable period specified in the notice, further information relating to the matter the subject of the complaint;

(c) require that the information requested underparagraph (b) be provided by means of a statutory declaration.

(5) The chief executive officer may refuse to consider or further consider a complaint if the complainant, without reasonable excuse, does not comply with a notice undersubsection (4)given to the complainant.

(6) The authorised officer shall give notice in writing to the registered medical practitioner, the subject of a complaint, of the complaint, its nature and, if known, the name of the complainant.

(7) The registered medical practitioner the subject of a complaint may provide to the authorised officer any information that the practitioner believes should be considered by the Preliminary Proceedings Committee or the Fitness to Practise Committee.

(8) The authorised officer may, by notice in writing given to a registered medical practitioner the subject of a complaint, require the practitioner to provide the authorised officer, within a reasonable period specified in the notice, with such information relating to the complaint as is specified in the notice.

(9) A registered medical practitioner shall comply with a notice undersubsection (8)given to the practitioner.

(10) Where a complaint is withdrawn before it is considered by the Preliminary Proceedings Committee, the chief executive officer may—

(a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(b) proceed as if the complaint had not been withdrawn.

(11) The chief executive officer shall, following the receipt of the investigation report from the authorised officer, forward the complaint and the investigation report and any other information which the chief executive officer deems appropriate to the Preliminary Proceedings Committee for consideration.

(12)Subsections (1)(c),(2)(in so far as the last-mentioned subsection relates to the production of records) and(9)ofsection 66shall apply to and in relation to the chief executive officer as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee and the other provisions ofsection 66(includingsubsections (4)to(6)) shall, with all necessary modifications, be construed accordingly.]

59. Consideration of complaints by Preliminary Proceedings Committee.

59.— (1) The Preliminary Proceedings Committee shall, as soon as is practicable after receiving a complaint F151[and investigation report and any other information from the chief executive officer], consider whether there is sufficient cause to warrant further action being taken in relation to the complaint.

F150[(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 fromF152[the investigation of the complaint and the investigation report and other information as it considers]appropriate and references to a complaint in this section (other thansubsection (10)), in the definitions of "allegation" and "inquiry" insection 2and insections 7(2)(j),11(2)(g),20(2), 52(3)(a),F152[59Ato65],67to71and79(2)shall be construed as including references to any such matter.]

(2) Where the Preliminary Proceedings Committee considers that a complaint is proper to the procedures of another body or authority, including any scheme which may be in place pursuant to Part 9 of the Health Act 2004, it may inform the complainant of its view that the complaint is proper to such other procedures.

(3) F153[…]

(4) F153[…]

(5) F153[…]

(6) F153[…]

(7) F153[…]

(8) F153[…]

(9) The Preliminary Proceedings Committee shall, before forming an opinion on whether there is sufficient cause to warrant further action being taken in relation to a complaint, or whether the complaint should be referred to another body or authority, consider—

(a) any information supplied under this section concerning the complaint, and

(b) whether the complaint is trivial or vexatious or without substance or made in bad faith.

F151[(9A) Where the Preliminary Proceedings Committee is of the opinion that additional information or an additional investigation, or both, is or are required concerning a complaint, it shall advise the chief executive officer that it is of that opinion.

(9B) Where the chief executive officer is advised undersubsection (9A), he or she shall—

(a) seek to obtain the additional information required and give it to the Preliminary Proceedings Committee, or

(b) ensure that the additional investigation required is undertaken and the further investigation report arising from the additional investigation is given to the Preliminary Proceedings Committee,

or both if so required by that advisement.]

(10) Where a complaint is withdrawn while it is being considered by the Preliminary Proceedings Committee, the Committee may F153[…]—

(a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(b) proceed as if the complaint had not been withdrawn.

(11) Subsections (1)(c), (2) (in so far as it relates to the production of records) and (9) of section 66 shall apply to and in relation to the Preliminary Proceedings Committee and the chairperson of that Committee as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee F151[and the other provisions ofsection 66(includingsubsections (4)to(6)) shall, with all necessary modifications, be construed accordingly].

59A. F154[Undertakings and consents.

59A.—(1) The Preliminary Proceedings Committee may request the registered medical practitioner the subject of the complaint to do one or more than one of the following:

(a) if appropriate, undertake not to repeat the conduct the subject of the complaint;

(b) undertake to be referred to a professional competence scheme and to undertake any requirements relating to the improvement of the practitioner’s competence and performance which may be imposed;

(c) consent to undergo medical treatment;

(d) consent to being censured by the Council.

(2) Where a registered medical practitioner gives an undertaking or consent the subject of a request undersubsection (1)by the Preliminary Proceedings Committee—

(a) the investigation of the complaint shall be considered to be completed,

(b)section 63shall not apply to the complaint, and

(c) the Committee shall submit to the Council a report in writing specifying—

(i) the nature of the complaint that resulted in the investigation, and

(ii) the measures included in the undertaking or consent.

(3) Where a registered medical practitioner refuses to give an undertaking or consent the subject of a request undersubsection (1), the Preliminary Proceedings Committee may proceed as if the request had not been made.]

60. If immediate suspension of registration is necessary to protect public.

60.— (1) The Council may make an ex parte application to the Court for an order to suspend the registration of a registered medical practitioner, whether or not the practitioner is the subject of a complaint, if the Council considers that the suspension is necessary to protect the public until steps or further steps are taken under this Part and, if applicable, Parts 8 and 9.

F155[(1A) In the case of a medical practitioner whose name was previously registered in the Supervised Division and that practitioner’s name is not registered in any other division of the register, the Council may make anex parteapplication to the Court for an order prohibiting that practitioner from applying for registration in any of the divisions of the register.

(1B) The Council shall not make an application undersubsection (1A)unless it considers that the prohibition sought is necessary to protect the public until steps or further steps are taken under this Part and, if applicable,Parts 8and9.

(1C) An application undersubsection (1A)may be made whether or not the practitioner is the subject of a complaint.]

(2) An application under F156[subsection (1)or(1A)] shall be heard otherwise than in public unless the Court considers it appropriate to hear the application in public.

(3) The Court may determine an application under subsection (1) by—

(a) making any order it considers appropriate, including an order directing the Council to suspend the registration of the registered medical practitioner the subject of the application for the period specified in the order, and

(b) giving to the Council any direction that the Court considers appropriate.

F155[(3A) The Court may determine an application undersubsection (1A)by—

(a) making any order it considers appropriate, including an order prohibiting the medical practitioner the subject of the application from applying for registration in any division of the register for the period specified in the order, and

(b) giving to the Council any direction that the Court considers appropriate.]

(4) The Council shall, on complying with a direction of the Court given F156[undersubsection (3)or(3A), as the case may be,] give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

F157[(5) (a)Paragraph (b)applies where—

(i) a registered medical practitioner becomes the subject of an order undersubsection (3)(a)or(3A)(a), and

(ii) the Council has reason to believe that—

(I) the practitioner is registered in another jurisdiction as a medical practitioner or has made an application to be registered as a medical practitioner in another jurisdiction which has not yet been determined, and

(II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

(b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with a copy of that order and copies of other documents relevant to that order.]

61. No further action or referral of complaint to another body or authority or to professional competence scheme.

61.— (1) Where the Preliminary Proceedings Committee is, in respect of a complaint, of the opinion that—

(a) there is not sufficient cause to warrant further action being taken in relation to the complaint,

F158[(b) the complaint should be referred to another body or authority,]

F159[(ba) the medical practitioner the subject of the complaint should be referred to a professional competence scheme, or]

(c) the complaint is one that could be resolved by mediation or other informal means pursuant to guidelines prepared under section 62(1),

it shall inform the Council of that opinion.

(2) The Council may, after considering an opinion referred to in subsection (1) in respect of a complaint—

(a) decide that no further action is to be taken in relation to the complaint,

(b) direct the Preliminary Proceedings Committee to refer the F158[complaint] to another body or authority,

(c) refer the F159[medical practitioner the subject of the] complaint to a professional competence scheme,

(d) refer the complaint for resolution by mediation or other informal means, or

(e) if it considers it necessary to do so, direct that further action be taken under section 63.

(3) Where the Council, in respect of a complaint, makes a decision referred to in subsection (2)(a) or a referral referred to in subsection (2)(b) or (d), the Council shall give notice in writing of the decision or referral, as the case may be, to—

(a) the registered medical practitioner the subject of the complaint, and

(b) the complainant in any case where the Council is not the complainant.

62. Resolution of complaints by mediation or other informal means.

62.— (1) Subject to subsections (3) and (6) and without prejudice to the generality of section 12, the Council may prepare guidelines for resolving complaints by mediation or other informal means.

(2) Without prejudice to the generality of subsection (1), guidelines prepared under that subsection may include provision for one or more than one of the following:

(a) a determination to be made about whether a complaint can be resolved by mediation or other informal means or whether it warrants the holding of an inquiry;

(b) the persons who may attempt to mediate or otherwise resolve the complaint;

(c) the recording of the manner in which the complaint was resolved and of the agreement of the complainant and the registered medical practitioner the subject of the complaint to the resolution;

(d) the steps to be taken (including notice to the complainant, the registered medical practitioner the subject of the complaint and the Preliminary Proceedings Committee) if the complaint cannot, in the opinion of the person attempting to do so, be resolved by mediation or other informal means;

(e) any other matters that the Council considers necessary or appropriate for facilitating the resolution of the complaint by mediation or other informal means.

(3) No attempt may be made to resolve a complaint by mediation or other informal means without the consent of the complainant and the registered medical practitioner the subject of the complaint.

(4) A consent given by a registered medical practitioner the subject of a complaint for the purpose of this section shall not be taken as an admission of any allegation.

(5) No answer or statement made, in the course of attempting to resolve a complaint pursuant to the guidelines prepared under subsection (1), by the complainant or the registered medical practitioner the subject of the complaint may—

(a) be communicated to any person other than the persons participating in the attempt to resolve the complaint, or

(b) be used in any disciplinary, civil or criminal proceedings.

(6) The resolution of a complaint pursuant to guidelines prepared under subsection (1) shall not include the payment by any party of any financial compensation.

(7) The Council shall ensure that guidelines prepared by it under subsection (1) are published in the prescribed manner.

63. Referral of complaint to Fitness to Practise Committee.

63.— F160[Subject tosection 59A(2)(b), where]—

(a) the Preliminary Proceedings Committee is of the opinion that there is a prima facie case to warrant further action being taken in relation to a complaint, or

(b) the Council directs under section 61(2)(e) that further action be taken under this section in relation to a complaint,

the Preliminary Proceedings Committee shall refer the complaint to the Fitness to Practise Committee F161[together with all other material (including investigation reports) that the Committee is of the opinion are relevant to the complaint and that the Fitness to Practise Committee needs to consider to dispose of or otherwise deal with the complaint].

PART 8 Complaints referred to Fitness to Practise Committee

64. Duty to notify registered medical practitioner and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.

64.— (1) The chief executive officer shall, as soon as is practicable after a complaint is referred under section 63 to the Fitness to Practise Committee, give notice in writing to—

(a) the registered medical practitioner the subject of the complaint of the following:

(i) the referral of the complaint to the Fitness to Practise Committee;

(ii) the nature of the matter that is to be the subject of the inquiry, including the particulars of any evidence in support of the complaint;

(iii) the opportunity of the practitioner, or the practitioner’s representative, to be present and to defend the practitioner at the hearing; and

(iv) the opportunity for the practitioner to request that some or all of the hearing be held otherwise than in public if the practitioner can show reasonable and sufficient cause;

and

(b) any witnesses who may be required to give evidence at an inquiry (including, where appropriate, the complainant) of the opportunity of the witness to request that some or all of the hearing be held otherwise than in public if the witness can show reasonable and sufficient cause.

(2) The chief executive officer shall give notice in writing to the registered medical practitioner the subject of a complaint referred to the Fitness to Practise Committee of the date, time and place of the hearing of the complaint in sufficient time for the practitioner to prepare for the hearing.

65. Conduct of hearing.

65.— (1) The Fitness to Practise Committee shall, subject to sections 67 and 68, hear a complaint referred to it under section 63.

(2) A hearing before the Fitness to Practise Committee shall be held in public unless—

(a) following a notification under section 64, the registered medical practitioner or a witness who will be required to give evidence at the inquiry or about whom personal matters may be disclosed at the inquiry requests the Committee to hold all or part of the hearing otherwise than in public, and

(b) the Committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing otherwise than in public.

(3) At the hearing of a complaint before the Fitness to Practise Committee—

(a) the chief executive officer, or any other person with leave of the Committee, shall present the evidence in support of the complaint,

(b) the testimony of witnesses attending the hearing shall be given on oath, and

(c) there shall be a full right to cross-examine witnesses and call evidence in defence and reply.

(4) Any member of the Fitness to Practise Committee may administer oaths for the purposes of an inquiry.

65A. F162[Fitness to Practise Committee may order that certain information not be published.

65A.—(1) Subject tosubsections (2)and(3), where the Fitness to Practise Committee is satisfied that there is reasonable cause to believe that all or part of the information (in this section referred to as the "relevant information") relating to all or part of a hearing (in this section referred to as the "relevant hearing") before the committee being held in public should not be disclosed, it may order that the relevant information shall not be disclosed.

(2) A person may disclose all or part of any relevant information if the disclosure is in such form as to prevent particulars relating to the identity of a party to the proceedings at the relevant hearing being ascertained from it.

(3) Nothing in this section shall be construed as prohibiting a disclosure of relevant information pursuant to a court order.

(4) A person who contravenessubsection (1)shall be guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment not exceeding 6 months or both.]

66. Powers and protections relating to witnesses and evidence.

66.— (1) For the purposes of an inquiry, the Fitness to Practise Committee has all the powers, rights and privileges that are vested in the Court or a judge of the Court on the occasion of an action and that relate to—

(a) enforcing the attendance of witnesses,

(b) examining witnesses on oath or otherwise, and

(c) compelling the production (including discovery) of records.

(2) Without prejudice to the generality of subsection (1), a summons issued by the chairperson of the Fitness to Practise Committee or by such other member of that Committee as is authorised by it for the purpose of the inquiry may be substituted for and is the equivalent of any formal process capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of records.

(3) Subject to any rules in force under section 11 and to the necessity of observing fair procedures, the Fitness to Practise Committee may receive evidence given—

(a) orally before the committee,

(b) by affidavit, or

(c) as otherwise allowed by those rules, including by means of a live video link, a video recording, a sound recording or any other mode of transmission.

(4) A witness before the Fitness to Practise Committee is entitled to the same immunities and privileges as a witness before the Court.

(5) A person is guilty of an offence if the person—

(a) having been duly summoned to attend before the Fitness to Practise Committee fails without reasonable excuse to attend at the time and place indicated on the summons,

(b) while attending as a witness before the Fitness to Practise Committee refuses to—

(i) take an oath lawfully required by the Committee to be taken,

(ii) produce any record in the person’s power or control that the person is lawfully required by the Committee to produce, or

(iii) answer any question that the person is lawfully required by the Committee to answer,

or

(c) while attending before the Fitness to Practise Committee does anything that, if the Committee were a court of law having power to punish for contempt, would be contempt of court.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding €5,000.

(7) Where a person fails to comply with a summons to attend before the Fitness to Practise Committee or refuses, while attending as a witness before the Fitness to Practise Committee, to do anything referred to in subsection (5)(b) that the person is lawfully required by the Committee to do, the Court, on application by the Council, may—

(a) by order require the person to attend before the Committee or to do the thing that the person refused to do, as the case may be, and

(b) make such interim or interlocutory orders as it considers necessary for that purpose.

(8) Neither an application for an order under subsection (7) nor the making of such an order precludes proceedings being brought for an offence under subsection (5)(a) or (b) in relation to a person on whose failure or refusal the application or order was based.

(9) Where the Fitness to Practise Committee requires the medical records of a patient of any registered medical practitioner to be produced for the purposes of an inquiry conducted by the Committee, the records shall not be made available to the Committee unless—

(a) the patient has consented in writing to the records being made so available, or

(b) the Committee has directed in writing the practitioner, or any other person who has power over or control of the records, to make the records so available.

67. If registered medical practitioner consents to censure or remedial action, etc.

67.— (1) The Fitness to Practise Committee may, at any time after a complaint is referred to it, request the registered medical practitioner the subject of the complaint to do one or more than one of the following:

(a) if appropriate, undertake to not repeat the conduct the subject of the complaint;

(b) undertake to be referred to a professional competence scheme and to undertake any requirements relating to the improvement of the practitioner’s competence and performance which may be imposed;

(c) consent to undergo medical treatment;

(d) consent to being censured by the Council.

F163[(1A) Where a registered medical practitioner gives an undertaking or consent the subject of a request undersubsection (1)by the Fitness to Practise Committee, the inquiry into the complaint shall be considered to be completed.]

(2) Where a registered medical practitioner refuses to give an undertaking or consent the subject of a request under subsection (1) by the Fitness to Practise Committee, the Committee may proceed as if the request had not been made.

68. If complaint is withdrawn while it is being considered by Fitness to Practise Committee.

68.— Where a complaint is withdrawn while it is being considered by the Fitness to Practise Committee, the Committee may F164[…]—

(a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(b) proceed as if the complaint had not been withdrawn.

69. Report to Council by Fitness to Practise Committee.

69.— (1) Subject to subsection (2), the Fitness to Practise Committee shall, on completing an inquiry into a complaint, submit to the Council a report in writing on its findings.

(2) The report referred to in subsection (1) of the Fitness to Practise Committee—

(a) shall specify—

(i) the nature of the complaint that resulted in the inquiry,

F165[(ii) the evidence presented to the Committee,

(iii) the Committee’s findings as to whether any allegation is proved, whether on the grounds on which the complaint was made or on any other grounds referred to insection 57, and]

F166[(iv) if there is an undertaking or consent undersection 67(1), the measures included in the undertaking or consent,]

and

(b) may include such other matters relating to the registered medical practitioner the subject of the complaint as the Committee considers appropriate.

70. Steps to be taken by Council after receiving report.

F167[70.—The Council shall, on receiving the report referred to insection 69(1)of the Fitness to Practise Committee in relation to a complaint—

(a) if there is an undertaking or consent undersection 67(1), comply withsection 71(2)in respect of the measures concerned, and

(b) in any other case—

(i) if the Committee finds that no allegation against the registered medical practitioner the subject of the complaint is proved, dismiss the complaint,

(ii) if the Committee finds that any allegation against the practitioner is proved, decide undersection 71(1)or71A(1), as may be appropriate, one or more than one sanction to be imposed on the practitioner.]

PART 9 Imposition of sanctions on registered medical practitioners following reports of Fitness to Practise Committee

70A. F168[Sections 71 and 72 not to apply in certain cases.

70A.—Sections 71and72do not apply where the medical practitioner concerned was previously registered in the Supervised Division but his or her registration in that division has ceased and he or she is not registered in any other division of the register.]

70B. F169[Measures to be taken by Council after receiving report referred to in section 59A(2)(c).

70B.—(1)Subsection (2)applies as soon as is practicable after the Council has received and considered the report referred to insection 59A(2)(c)of the Preliminary Proceedings Committee in relation to a complaint concerning—

(a) a registered medical practitioner, or

(b) a medical practitioner referred to insection 70A.

(2) The measures to be taken in respect of the medical practitioner shall be those contained in the report.]

71. Duty of Council to decide on appropriate sanction.

F170[71.—(1) Subject tosections 57(6)(a)and72andsubsection (2), the Council shall, as soon as is practicable after receiving and considering the report referred to insection 69(1)of the Fitness to Practise Committee in relation to a complaint concerning a registered medical practitioner wheresection 70(b)(ii)is applicable, decide that one or more than one of the following sanctions be imposed on the practitioner:

(a) an advice or admonishment, or a censure, in writing;

(b) a censure in writing and a fine not exceeding €5,000;

(c) the attachment of conditions to the practitioner’s registration, including restrictions on the practice of medicine that may be engaged in by the practitioner;

(d) the transfer of the practitioner’s registration to another division of the register;

(e) the suspension of the practitioner’s registration for a specified period;

(f) the cancellation of the practitioner’s registration;

(g)a prohibition from applying for a specified period for the restoration of the practitioner’s registration.

(2) Where the report referred to insection 69(1)follows an undertaking or consent undersection 67(1), then the measures to be taken in respect of the registered medical practitioner shall be those contained in the report.]

71A. F171[Duty of Council to decide on appropriate sanction in certain cases (Supervised Division).

71A.—F172[(1)]F173[Subject tosubsection (2), in the case]of a medical practitioner who was previously registered in the Supervised Division but his or her registration in that division has ceased and he or she is not registered in any other division of the register, the Council shall, as soon as practicable after receiving and considering the report referred to insection 69(1)of the Fitness to Practise Committee in relation to a complaint concerning a medical practitioner whereF173[section 70(b)(ii)]is applicable, decide that one or more than one of the following sanctions be imposed on the practitioner:

(a) an advice or admonishment, or a censure, in writing;

(b) a censure in writing and a fine not exceeding€5,000;

(c) the attachment of conditions which are to apply to the registration of the medical practitioner where the practitioner applies for registration on the register, including restrictions on the practice of medicine that may be engaged in by the practitioner;

(d) a prohibition on the practitioner from applying for a specified period for registration in one or more than one division of the register.]

F174[(2) Where the report referred to insection 69(1)follows an undertaking or consent undersection 67(1), then the measures to be taken in respect of the medical practitioner shall be those contained in the report.]

72. Provisions supplementary to section 71.

72.— (1) The Council shall, on deciding under section 71 to impose a sanction referred to in F175[section 71(1)(b),(c)], (d), (e) or (g) on a registered medical practitioner, specify—

(a) in the case of a sanction referred to in F175[section 71(1)](b), the amount of the fine imposed on the practitioner,

(b) in the case of a sanction referred to in F175[section 71(1)](c), the nature of the conditions to be attached to the practitioner’s registration,

(c) in the case of a sanction referred to in F175[section 71(1)](d), the division of the register to which the practitioner’s registration is to be transferred,

(d) in the case of a sanction referred to in F175[section 71(1)](e), the period of suspension of the practitioner’s registration,

(e) in the case of a sanction referred to in F175[section 71(1)](g), the period for which the practitioner is prohibited from applying for the restoration of the practitioner’s registration.

(2) The Council shall not decide under section 71 to impose the sanction referred to in F175[section 71(1)(f)] on a registered medical practitioner on the grounds of a conviction for an offence referred to in section 57(1)(g) unless—

(a) in the Council’s opinion, the nature of the offence or the circumstances in which it was committed render the practitioner F175[a person who is not a fit and proper person to practise medicine], or

(b) a conviction for such offence would render a person unable to be registered under this Act.

72A. F176[Provisions supplemental to section 71A.

72A.—The Council shall, on deciding undersection 71Ato impose a sanction referred to inF177[section 71A(1)(b),(c)]or(d)on a medical practitioner, specify—

(a) in the case of a sanction referred to inF177[section 71A(1)](b), the amount of the fine imposed on the practitioner,

(b) in the case of a sanction referred to inF177[section 71A(1)](c), the nature of the conditions to be attached to the practitioner’s registration,

(c) in the case of a sanction referred to inF177[section 71A(1)](d), the period for which the practitioner is prohibited from applying for registration in the register.]

73. Duty to notify registered medical practitioner of Council’s sanction.

73.— (1) Subject to subsection (2), the Council shall, as soon as is practicable after deciding under F178[section 71orsection 71A, as the case may be,] to impose a sanction on a registered medical practitioner, give notice in writing to the practitioner and, in any case where the Council is not the complainant, the complainant, of—

(a) the nature of the sanction that the Council has decided to impose,

(b) the date on which the decision was made, and

(c) the reasons for the imposition of the sanction.

F179[(2) Where the Council has decided to impose a sanction on a registered medical practitioner (other than a sanction arising from measures referred to insection 71(2)or71A(2)), the Council shall give notice in writing to the practitioner of the practitioner’s entitlement, undersection 75, to appeal to the Court against the decision.]

74. Confirmation by Court required before certain decisions become effective.

74.— F180[(1)] A decision F181[undersection 71or71A] to impose a sanction F182[(not being a sanction referred to insection 71(1)(a)or71A(1)(a)or arising from measures referred to insection 71(2)or71A(2))] on a registered medical practitioner shall not take effect unless the decision is confirmed by the Court on an application under section 75 or 76.

F183[(2) A decision undersection 71(1)or71A(1)to impose a sanction (being a sanction referred to insection 71(1)(a)or71A(1)(a)) on a registered medical practitioner shall not take effect unless—

(a) the decision is confirmed by the Court on an application undersection 75, or

(b) the 21 days referred to insection 75(1)within which the practitioner may appeal to the Court against the decision expires without the practitioner making such appeal.]

75. Appeal to Court against Council’s decision under section 71.