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

Amendment of section 56 of Act of 2007

70. Section 56 of the Act of 2007 is amended—

(a) in subsection (1), by the substitution of “Health Service Executive and such other persons as it thinks fit” for “Minister”,

(b) in subsection (2), by the substitution of “, if satisfied that it is in the public interest to do so, notify the Health Service Executive” for “notify the Minister”,

(c) in subsection (3), by the insertion of “(if satisfied that, in the case of an action referred to in subsection (2), it is in the public interest to do so)” after “shall”, and

(d) by the insertion of the following subsections after subsection (3):

“(4) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any action referred to in subsection (1) has been taken in relation to a registered pharmacist, and

(ii) the Council has reason to believe that—

(I) the pharmacist is registered in another jurisdiction, and

(II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

(b) The Council shall give notice in writing to that body of that action and may, notwithstanding any provision of the Professional Qualifications Directive or of the Professional Qualifications Regulations, provide that body with copies of documents relevant to that action (including a copy of the report concerned referred to in section 47).

(5) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any action referred to in subsection (2) has been taken in relation to a registered pharmacist, and

(ii) the Council has reason to believe that—

(I) the pharmacist is registered in another jurisdiction, and

(II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

(b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that action.”.