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

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Amendment of section 3 of Act of 2005

25. Section 3 of the Act of 2005 is amended—

(a) in subsection (1), by the insertion of the following definitions:

“ ‘condition’ includes a restriction;

‘health or social care’, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession;

‘material matter’, in relation to a person (howsoever described), means—

(a) any of the following taken by any regulatory body (whether in or outside the State) in relation to the provision of one or more than one kind of health or social care by the person—

(i) the imposition of conditions on any registration or licence,

(ii) the suspension, withdrawal or removal of any registration or licence, or

(iii) the refusal to grant registration or a licence,

or

(b) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment;

‘relevant profession’ means any of the following professions:

(a) dentist;

(b) a designated profession;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist;

‘restriction’ includes a condition;”,

and

(b) by the insertion of the following subsection after subsection (3):

“(3A) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by a registration board of its functions under the Professional Qualifications Regulations as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.