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Amendment of Principal Act - insertion of section 28A (membership of registration boards of 2 or more designated professions)
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16. The Principal Act is amended by inserting the following section after section 28 :
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“Membership of registration boards of 2 or more designated professions
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28A. (1) Subject to subsections (4), (5), (6), (7), (10)(a) and (11), a registration board that is the registration board of 2 or more designated professions is to consist of the following members:
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(a) 6 persons appointed by the Minister on the election of the person concerned by the registrants of that designated profession of which he or she is a member, of whom—
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(i) 3 are to be registrants of any of those professions that are prescribed for the purposes of this subparagraph and who are engaged in the practice of any of those professions so prescribed,
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(ii) 2 are to be registrants of any of those professions that are prescribed for the purposes of this subparagraph and who are engaged, as members of any of those professions so prescribed, in the management of services provided by any of those professions so prescribed, and
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(iii) one is to be a registrant of any of those professions that are prescribed for the purposes of this subparagraph and who is engaged in the State in the education and training of persons with respect to the practice of any of those professions so prescribed;
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(b) 7 persons appointed by the Minister, of whom—
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(i) one is to be representative of the management of the public health sector, the social care sector or both sectors,
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(ii) one is to be representative of the management of a voluntary or private sector organisation concerned with health or social care,
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(iii) one is to be representative of third level educational establishments in the State involved in the education and training of persons with respect to the practice of one or more than one of those professions and is nominated by the Minister for Education and Skills, and
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(iv) 4 are to be representative of the interest of the general public and are appointed with the consent of the Minister for Jobs, Enterprise and Innovation.
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(2) The election of members under subsection (1)(a) shall be conducted in accordance with the bye-laws of the registration board concerned and before the commencement of the members’ terms of office.
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(3) Before appointing a member under subsection (1)(b)(i) or (ii), (4) or (5), the Minister may consult with any organisations that he or she considers appropriate.
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(4) Subject to subsection (10)(b), when the registration board of 2 or more designated professions is first constituted, subsection (1)(a) does not apply and instead the Minister shall appoint 6 persons, of whom—
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(a) 3 are to be persons engaged in the practice of any of those professions that are prescribed for the purposes of this paragraph,
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(b) 2 are to be persons who are engaged, as members of any of those professions that are prescribed for the purposes of this paragraph, in the management of services provided by any of those professions so prescribed, and
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(c) one is to be a person who is engaged in the State in the education and training of persons with respect to the practice of any of those professions that are prescribed for the purposes of this paragraph.
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(5) Subject to subsection (10)(b), when regulations under section 4, in relation to a designated profession that falls within paragraph (b) of the definition of ‘designated profession’ in section 3(1), specify the name (or, if applicable, the new name) of a registration board referred to in section 26(1), being a registration board that has already been constituted, that shall be the registration board for that profession, subsection (1)(a) does not apply and instead the Minister shall appoint 6 persons, of whom—
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(a) 3 are to be persons engaged in the practice of any of those professions that are prescribed for the purposes of this paragraph,
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(b) 2 are to be persons who are engaged as members of any of those professions that are prescribed for the purpose of this paragraph, in the management of services provided by any of those professions so prescribed, and
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(c) one is to be a person who is engaged in the State in the education and training of persons with respect to the practice of any of those professions that are prescribed for the purposes of this paragraph.
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(6) (a) When the Minister appoints 6 persons under subsection (5) in respect of a registration board referred to in that subsection, the persons who were, immediately before that appointment, members of the board by virtue of—
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(i) section 28(1)(a), (4), (5) (in so far as it relates to section 28(1)(a)(ii) or (iii)) or (6), or
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(ii) subsection (1)(a), (4), (5) (in so far as it relates to subsection (1)(a)(ii) or (iii) ) or (6),
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shall cease to be members of the board from the date that that appointment takes effect.
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(b) Paragraph (a) shall not of itself be construed to prevent any of the persons second-mentioned in that paragraph from being any of the 6 persons the subject of the appointment referred to in that paragraph.
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(7) If no person qualifies under subsection (1)(a)(ii) or (iii) for election or under subsection (1)(b)(iii), (4)(b) or (c) or (5) (b) or (c) for appointment to the registration board concerned—
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(a) subsection (1)(a)(ii) or (iii) or subsection (1)(b)(iii), (4)(b) or (c) or (5)(b) or (c), as the case may be, does not apply in relation to the board, and
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(b) the references in subsections (1)(a), (4) and (5) to 6 persons and in subsection (1) (b) to 7 persons are, in relation to the board, to be read as modified accordingly.
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(8) If, for any reason other than the operation of subsection (7), fewer than 6 registrants of the designated professions concerned are elected as members of its registration board under subsection (1)(a), the Minister may appoint as members of the board sufficient registrants of those professions to compensate for the deficiency in the number of elected registrants.
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(9) Registrants appointed to a registration board under subsection (8) are, during their term of office, considered to be elected members of the board.
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(10) (a) The number of persons who may be elected by the registrants of a particular designated profession for the purposes of subsection (1)(a) shall be as prescribed but, in any case, shall never be less than one.
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(b) The number of persons who may be appointed from a particular designated profession for the purposes of subsection (4) or (5) shall be as prescribed but, in any case, shall never be less than one.
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(11) Paragraph (a) of subsection (1) does not apply to the registration board of a designated profession during the transitional period (if any), within the meaning of section 90, applicable to that board.”
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