Medical Practitioners Act 2007

Functions of Council.

7.— (1) The Council shall—

(a) do all things necessary and reasonable to further its object, and

(b) perform its functions in the public interest.

(2) Without prejudice to the generality of subsection (1), the Council shall—

(a) establish and maintain the register,

(b) establish procedures and criteria for registration including the issue of certificates of registration and renewal of registration,

(c) approve programmes of education and further education necessary for the purposes of registration and continued registration,

(d) keep the programmes referred to in paragraph (c) under review,

(e) specify the standards required for the purposes of the maintenance of the professional competence of registered medical practitioners,

(f) keep the standards referred to in paragraph (e) under review,

(g) act as the competent authority for the purposes of—

(i) the mutual recognition of medical qualifications awarded in or recognised by Member States,

(ii) all matters referred to in Directive 2005/36/EC which relate to the role of a competent authority for the purposes of the recognition of professional qualifications of medical practitioners,

(h) enter into agreements, with bodies in third countries that are duly authorised to perform functions in third countries that correspond to the functions of the Council, in relation to—

(i) the recognition by the Council, for the purposes of registration, of degrees, diplomas and other qualifications relating to the practice of medicine awarded in third countries,

(ii) the recognition by such bodies, for the purposes of authorisation to practise medicine in third countries, of degrees, diplomas and other qualifications relating to the practice of medicine awarded in the State,

(i) specify standards of practice for registered medical practitioners, including the establishment, publication, maintenance and review of appropriate guidance on all matters related to professional conduct and ethics for registered medical practitioners,

(j) establish committees to inquire into complaints,

(k) make decisions and give directions under Part 9 relating to the imposition of sanctions on registered medical practitioners,

(l) advise the public on all matters of general interest relating to the functions of the Council, its area of expertise and other matters of interest to the public relating to the practice of medicine and medical practitioners, including public advertisement of the object, functions and contact details of the Council from time to time, and

(m) perform any other function conferred on it by any other provision of this Act or of any other enactment.

(3) Without prejudice to the generality of subsection (2)(i), the Council’s function under that subsection shall include standards of practice relating to advertising by registered medical practitioners, or classes of registered medical practitioners, and, in connection therewith, the disclosure of appropriate information relating to the fees to be charged for the medical services the subject of such advertising.

(4) The Council shall, in performing its functions, have regard to—

(a) functions performed by other bodies that are similar or ancillary to the functions that the Council performs,

(b) the need to co-operate with and co-ordinate its activities with those of other public authorities or bodies (in particular, the Health Service Executive) if the performance of their functions affects or could affect the health of the public,

(c) the need to promote efficiencies in the delivery of specialist training and intern training through the development of standard practices,

(d) the policies and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the Council,

(e) the resources, wherever originating, that are available to it for the purpose of performing its functions, and

(f) the need to secure the most beneficial, effective and efficient use of those resources.

(5) The Council has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions.

(6) The Minister, or a person authorised by the Minister to give a notice under this subsection, may by notice in writing given to the Council require the Council to provide the Minister or that person, as the case may be, with such information in relation to the performance of the Council’s functions as is specified in the notice and within the period specified in the notice (being a period reasonable in the circumstances).

(7) The Council shall comply with a notice given to it under subsection (6) except to the extent that it is prohibited from doing so by another provision of this Act.

(8) Nothing in this section shall be construed as restricting the power of any Minister of the Government to make regulations under section 3 of the European Communities Act 1972 .