S.I. No. 171/2012 - Medical Council Annual Retention Rules.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st June, 2012.

These rules are made pursuant to the provisions of section 11 of the Medical Practitioners Act, 2007 (“the Act”).

1. Registered medical practitioners shall be required to apply for retention of their name in the appropriate division of the register annually, and shall be obliged to complete the application form specified pursuant to section 107 of the Act of 2007, and to pay the retention fees specified pursuant to these Rules. The Council will not consider applications to be valid without completion of the form, and payment of the fee.

2. In accordance with Section 36(1)(b) of the Act, the fees for retention on the register shall be determined by the Council from year to year and different fees shall apply in respect of the following:

(a) Applicants aged under 65 on first day of applicable retention period.

(b) Applicants aged between 65 and 69 years on first day of applicable retention period.

(c) Applicants aged 70 years and over on first day of applicable retention period.

3. Applications for retention can be made in the following ways:

(a) Via the Medical Council’s Website (www.medicalcouncil.ie)

(b) By submitting a hard copy completed application form together with payment by way of cheque or bank draft. Direct debits will continue to be accepted as a method of payment but no debit will be made by the Council until receipt of a fully completed application form.

4. An additional fee as may be specified by the Council from year to year will become payable in respect of all applications not submitted on or before 30th June.

5. The Council will only issue an annual registration certificate after receipt of a valid application.

6. In respect of all registrants from whom a valid application is not received on or before 30th June, not only will an additional fee become payable per 4 above, but the Council may also:

(a) Commence the process set out in Section 79 of the Act to remove registrants from the register or

(b) Make a complaint to the Preliminary Proceedings Committee for a breach of the Act/Rules per Section 57.

THESE RULES COMMENCE ON THE 23 DAY OF MAY 2012.

GIVEN under the Official Seal of the Council,

23 May 2012.

PROFESSOR KIERAN MURPHY,

President of the Medical Council.

CAROLINE SPILLANE,

Chief Executive Officer.

EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation)

Any reference to the Medical Practitioners Act 2007 includes the amendment of that Act by the Health (Miscellaneous Provisions) Act 2007 , the Medical Practitioners (Amendment) Act 2011 and any subsequent amendments.

The definition of EU Directive 2005/36/EC of the European Parliament and of the Council which is provided for in section 2 of the Medical Practitioners Act 2007 includes the amendment of that Directive by Council Directive 2006/100/EC and any subsequent amendments.

In this document, the provisions of section 2 of the Medical Practitioners Act 2007 will apply except where the context otherwise requires.

These rules, adopted by the Medical Council, concern the retention of a medical practitioner’s name on the Register of Medical Practitioners and completion of an annual declaration by Registered Medical Practitioners. These Rules will commence on 23rd May 2012.