Health and Social Care Professionals Act 2005
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Registration board's power to make bye-laws. |
31.—(1) With the Council's approval and in accordance with any guidelines issued under subsection (7), the registration board of a designated profession may, subject to section 32 , make bye-laws relating to any or all of the following matters: | |
(a) the conduct of elections for the appointment of members under section 28 to the board; | ||
(b) applications for registration in the register of that profession or for restoration to the register; | ||
(c) qualifications approved for the purposes of section 38 (2)(a) as attesting to the standard of proficiency required for registration; | ||
(d) requirements, for the purposes of section 38 (1)(d), as to knowledge of the language necessary for practising that profession in the State; | ||
(e) procedures for assessing for the purposes of section 38 (2)(b) to (d) qualifications awarded, or training or professional experience acquired, outside the State; | ||
(f) the conditions for registration in a division of the register of that profession, but only if division of the register is authorised by any rules or guidelines issued by the Council; | ||
(g) criteria for restoration to the register of that profession; | ||
(h) the education, training and continuing professional development of registrants of that profession; | ||
(i) the adoption and revision of a code of professional conduct and ethics; | ||
(j) any other matter specified by the Council in its guidelines. | ||
(2) A code of professional conduct and ethics adopted by the registration board of a designated profession must specify the standards of conduct, performance and ethics expected of registrants of that profession. | ||
(3) If authorised by the Council under section 22 (7), a registration board may make bye-laws providing for the establishment, membership, functions and procedures of committees of the board. | ||
(4) Bye-laws under subsection (1) may establish categories of registrants and may be different for different categories of registrants. | ||
(5) Where a proposed bye-law under paragraph (c) or (h) of subsection (1) might result in an additional burden being imposed on the Exchequer, the bye-law may be made only if— | ||
(a) after receiving a draft of the proposed bye-law for its approval, the Council refers the draft to the Minister, and | ||
(b) both the Council and the Minister approve the draft. | ||
(6) Subsection (5) applies also in relation to a proposed amendment or revocation of a bye-law under paragraph (c) or (h) of subsection (1). | ||
(7) For the purposes of this section, the Council may issue guidelines applicable to all or any of the registration boards. |