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Application for registration (other than in Supervised Division)
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97. The Act of 2007 is amended by the substitution of the following section for section 45:
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“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.
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(2) An application under subsection (1) by a person shall be accompanied by—
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(a) subject to paragraph (b), evidence, in the manner specified by rules (if any) made under section 11(2)(va), that the minimum level of indemnity (if any) applicable to that person is in place, or
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(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.
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(3) Subsection (2) applies, with all necessary modifications, to a renewal or restoration of registration as it applies to a first registration.
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(4) The Council shall determine an application under subsection (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—
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(a) the Council is satisfied that the person holds a general qualification or specialist qualification,
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(b) either—
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(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
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(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,
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(c) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and
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(d) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.
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(5) Subject to subsection (6), the Council shall not register a person in more than one division of the register.
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(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.
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(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—
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(a) subject to paragraph (b), evidence, in the manner specified by rules (if any) made under section 11(2)(va), that the minimum level of indemnity (if any) applicable to that person is in place, or
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(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.
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(8) The Council may, by notice in writing given to a person who has made an application under subsection (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.”.
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