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Declarations by registrants in relation to certain matters in State or other jurisdictions, etc.
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32. The Act of 2005 is amended by the insertion of the following section after section 44:
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“44A. (1) Subject to subsections (2) to (4), a registrant shall, in each year, give to the registration board of the designated profession concerned a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.
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(2) If, in any year, subsection (1) does not apply to a registrant because there are no particulars referred to in that subsection which he or she is required to give to the registration board of the designated profession concerned, the registrant shall give to the board a declaration in writing to that effect.
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(3) If, in any year subsequent to a year in which a registrant gave particulars referred to in subsection (1) to the registration board of the designated profession concerned, there has been no material change in the matter to which the particulars relate, the registrant may, instead of again giving those particulars to the board, give to the board a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.
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(4) A registrant shall, in each year, comply with subsection (1), (2) or (3) —
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(a) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee set by the Council under section 18(1)(b), and
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(b) not later than the last day of that 6 weeks.
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(5) A registrant shall, not later than 3 months after the final determination of any relevant proceedings, give to the registration board of the designated profession concerned—
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(a) a declaration in writing providing particulars of the sanctions (if any) imposed on the registrant in consequence of those proceedings, or
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(b) if no such sanctions were so imposed, a declaration in writing to that effect.
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(6) The registration board of the designated profession concerned may, by notice in writing given to a registrant who has made a declaration under this section, require the registrant to provide to the board, within a reasonable period specified in the notice, further information concerning any particulars provided to the board in the declaration.
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(7) (a) A registrant shall comply with a notice under subsection (6) given to the registrant.
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(b) Where the registration board of the designated profession concerned considers that a registrant has contravened paragraph (a), the board shall forthwith make a complaint under section 52(1)(f).
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(8) In this section—
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‘final determination’, in relation to any relevant proceedings and a registrant, means—
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(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the registrant, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or
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(b) if such an appeal is made—
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(i) the abandonment or withdrawal of the appeal, or
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(ii) the determination of the appeal,
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whichever first occurs;
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‘relevant proceedings’, in relation to a registrant, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the registrant is the subject—
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(a) in the State or another jurisdiction which may directly or indirectly result in the registrant—
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(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or
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(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,
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(b) in another jurisdiction which may result in the registrant being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or
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(c) in the State which may result in the registrant being convicted, in the State, for an offence triable on indictment;
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‘sanction’ includes any restriction or measure.”.
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