Regulated Professions (Health and Social Care) (Amendment) Act 2020

Council’s power to make rules

7. The Act of 1985 is amended, in Part II, by the insertion of the following section after section 25:

“25A. (1) Subject to subsection (3), the Council may make rules—

(a) in accordance with which an election referred to in section 13(7)(b) shall be conducted,

(b) specifying courses of training and examinations for the purposes of section 26B, or

(c) setting criteria to be complied with by persons who wish to—

(i) resume practising dentistry after not having practised dentistry for a period specified in the rules, or

(ii) commence practising dentistry after not having practised dentistry previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in dentistry pursuant to which they wish to practise dentistry.

(2) Criteria to be complied with by persons referred to in subsection (1)(c) may include criteria in relation to—

(a) the education or training of those persons,

(b) the manner of verifying that those persons possess the relevant competencies, or

(c) any other matter where, in the opinion of the Council, the specification in rules made under this section of criteria in relation to that matter is necessary or desirable for the protection of the public.

(3) The Council shall ensure that a draft of any rule (including a rule revoking or amending any other rule) that it proposes to make under this section is given to the Minister.

(4) Subject to subsection (5), the Council, after considering the comments (if any) on a draft of a rule made by the Minister before the expiration of 30 days after the date on which the draft was given to the Minister, may—

(a) make the rule in the form of the draft as published or with such changes as the Council determines, or

(b) decide not to make the rule.

(5) The Council shall ensure that, as soon as is practicable after a rule is made under this section, the rule—

(a) is submitted for approval by the Minister, and

(b) if approved by the Minister, is published in the prescribed manner and is submitted to the Minister for laying before each House of the Oireachtas.

(6) Every rule approved under subsection (5) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which that House sits after that rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) Rules referred to in section 13(7)(b) or 27(2)(d) and in force immediately before the commencement of section 7 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 shall, on the commencement of such section 7, be deemed to be rules made under this section and, accordingly, be liable to be amended or revoked by rules made under this section.

(8) In this section, ‘published in the prescribed manner’, in relation to any rule, means the rule—

(a) is published on the Council website, and

(b) is available for inspection, at the offices of the Council and at all reasonable times, by members of the public.”.