Health and Social Care Professionals Act 2005
Publication and other requirements relating to draft and other bye-laws. |
32.—(1) A registration board shall ensure that— | |
(a) a draft of any bye-law that it proposes to make is, before the draft is submitted to the Council for approval, published in such manner as the board may determine, and | ||
(b) with the draft is published an invitation to the public, any organisation and any other body to comment on the draft before a date specified by the board in the invitation. | ||
(2) After considering any comments received before the date specified in the invitation, the registration board may— | ||
(a) subject to subsections (3) to (5), submit to the Council for approval the draft bye-law either in the form in which it was published or with such changes as the board may determine, or | ||
(b) decide not to proceed further with the draft bye-law. | ||
(3) If a draft bye-law that a registration board proposes to submit to the Council under subsection (2)(a) relates to the adoption or revision of a code of professional conduct and ethics, the board shall— | ||
(a) before submitting the draft bye-law to the Council, submit it to the Competition Authority for its opinion as to whether any provision of the draft bye-law would, if the bye-law were made, be likely to result in competition being prevented, restricted or distorted, and | ||
(b) request that the opinion be given in writing to the board before the date specified in the request. | ||
(4) If, before the date specified in the request, the registration board receives from the Competition Authority a written opinion that a provision of the draft bye-law would, if the bye-law were made, be likely to result in competition being prevented, restricted or distorted, the board shall— | ||
(a) take that opinion into account and change the draft bye-law accordingly before submitting it to the Council for approval, or | ||
(b) without making any changes to the draft bye-law, submit it to the Council for approval and supply the Council with a copy of the Authority's opinion together with the board's written reasons for not taking the opinion into account. | ||
(5) Subsections (2) to (4) apply also in relation to a proposed amendment or revocation of a bye-law. | ||
(6) A registration board shall ensure that as soon as practicable after a bye-law of the board is made it— | ||
(a) is published in such manner as the board may determine, and | ||
(b) is submitted to the Minister for laying before each House of the Oireachtas. | ||
(7) Subsections (4) to (6) of section 95 apply with the necessary modifications to bye-laws submitted to the Minister in accordance with this section as if they were regulations made by the Minister. |