Regulated Professions (Health and Social Care) (Amendment) Act 2020
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Amendment of section 42 of Act of 1985 | ||
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16. Section 42 of the Act of 1985 is amended— | ||
(a) 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,”, | ||
(b) 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.”, | ||
(c) 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,”, and | ||
(d) by the insertion of the following subsection after subsection (7): | ||
“(8) (a) The Registrar may, whenever he or she considers it necessary to do so for the purposes of this section, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the registered dentist the subject of the request. | ||
(b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request under paragraph (a) as soon as is practicable after receiving the request. | ||
(c) The Registrar may, whenever he or she considers it necessary to do so for the purposes of this section, request in writing that the registrar or clerk of a court which has convicted a registered dentist of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the Registrar or Council (including any committee thereof), or both, may reasonably require for the performance of his, her or its functions under this Act in relation to that dentist. | ||
(d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request. | ||
(e) In this subsection, ‘criminal record’, in relation to a registered dentist, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) of the dentist for offences (if any).”. |