Regulated Professions (Health and Social Care) (Amendment) Act 2020
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Amendment of section 52 of Act of 2005 | ||
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36. Section 52 of the Act of 2005 is amended— | ||
(a) in subsection (1) — | ||
(i) in paragraph (d), by the substitution of “this Act” for “this Part”, and | ||
(ii) by the insertion of the following paragraph after paragraph (e): | ||
“(ea) the imposition on the registrant 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,”, | ||
and | ||
(b) by the insertion of the following subsection after subsection (2): | ||
“(2A) (a) The chief executive officer (whether in his or her capacity as such or in his or her capacity as the registrar of a registration board) may, in relation to a complaint heard, being heard or to be heard by a committee of inquiry, 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 registrant 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 under paragraph (a) as soon as is practicable after receiving the request. | ||
(c) The chief executive officer (whether in his or her capacity as such or in his or her capacity as the registrar of a registration board) 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 registrant 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 registrant. | ||
(d) The registrar or clerk of the court concerned the subject of a request under paragraph (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 registrant, 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 registrant for offences (if any).”. |