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

Amendment of section 39 of Act of 1985

13. Section 39 of the Act of 1985 is amended—

(a) in subsection (1) —

(i) in paragraph (a) —

(I) in subparagraph (ii), by the substitution of “disability,” for “disability, or”, and

(II) by the insertion of the following subparagraphs after subparagraph (iii):

“(iv) to be guilty of a failure to comply with section 32A,

(v) to have 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

(vi) to have 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

(ii) in paragraph (b), by the substitution of “to the person” for “by pre-paid post sent to the person, at his address as stated in the register,”,

(b) in subsection (2), by the substitution of “to the person to whom the decision relates” for “by pre-paid post to the person to whom the decision relates, at his address as stated in the register,”,

(c) by the substitution of the following subsection for subsection (5):

“(5) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.”,

and

(d) in subsection (6), by the substitution of “to such person” for “by pre-paid post to such person, at his address as stated in the register,” in both places that it occurs.