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

Amendment of section 76 of Act of 2005

45. Section 76 of the Act of 2005 is amended—

(a) in subsection (1), by the substitution of “notify the Health Service Executive and such other persons as the Council thinks fit” for “notify the Minister”,

(b) in subsection (2), by the substitution of “, if satisfied that it is in the public interest to do so, notify the Health Service Executive” for “notify the Minister”,

(c) in subsection (3), by the insertion of “(if satisfied that, in the case of an action referred to in subsection (2), it is in the public interest to do so)” after “The Council shall”, and

(d) by the insertion of the following subsections after subsection (3):

“(4) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any action referred to in subsection (1) has been taken in relation to a registrant, and

(ii) the Council has reason to believe that—

(I) the registrant is registered in another jurisdiction in any designated profession, and

(II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council in so far as that profession is concerned.

(b) If the registration board concerned has not already done so, the Council shall give notice in writing to that body of that action and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with copies of documents relevant to that action (including a copy of the report concerned referred to in section 63(1) ).

(5) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any action referred to in subsection (2) has been taken in relation to a registrant, and

(ii) the Council has reason to believe that—

(I) the registrant is registered in another jurisdiction in any designated profession, and

(II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council in so far as that profession is concerned.

(b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that action.”.