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

Amendment of section 38 of Act of 1985

12. Section 38 of the Act of 1985 is amended—

(a) in subsection (1) —

(i) in paragraph (b), by the substitution of “disability,” for “disability, or”, and

(ii) by the insertion of the following paragraphs after paragraph (c):

“(d) his or her alleged failure to comply with section 32A,

(e) 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

(f) 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,”,

(b) in subsection (3) —

(i) in paragraph (b) —

(I) in subparagraph (ii), by the substitution of “disability,” for “disability, or”, and

(II) by the insertion of the following subparagraphs after subparagraph (iii):

“(iv) the alleged failure to comply with section 32A,

(v) 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

(vi) 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,”,

and

(ii) in paragraph (c) —

(I) in subparagraph (ii), by the substitution of “disability,” for “disability, or”, and

(II) by the insertion of the following subparagraphs after subparagraph (iii):

“(iv) the alleged failure to comply with section 32A,

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

(vi) 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,”,

(c) in subsection (4), by the deletion of “sent by pre-paid post to the address of that person as stated in the register”, and

(d) in subsection (5) —

(i) by the substitution of “Subject to sections 47(4) and 47A, the findings” for “The findings”,

(ii) by the deletion of “, to be”,

(iii) in paragraph (a), by the insertion of “to be” before “guilty”,

(iv) in paragraph (b) —

(I) by the insertion of “to be” before “unfit”, and

(II) by the substitution of “disability,” for “disability, or”,

(v) by the substitution of the following paragraph for paragraph (c):

“(c) to be guilty of a failure to comply with regulations referred to in subsection (1)(c),”,

and

(vi) by the insertion of the following paragraphs after paragraph (c):

“(d) to have failed to comply with section 32A,

(e) to have 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

(f) to have 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,”.