Medical Practitioners Act 2007

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PART 2

Continuance in being of Council and object and functions of Council, etc.

Continuance in being of Council.

4.— (1) Notwithstanding the repeal of the Act of 1978 by section 3 —

(a) the body known as Comhairle na nDochtúirí Leighis, or in the English language as the Medical Council, established by section 6 of that Act shall continue in being, and

(b) subject to subsections (5) and (6), anything commenced but not completed by that body, or the committee established under section 13(2)(b) of the Act of 1978, before the commencement of section 3 may be carried on and completed by the Council (with its membership as constituted under this Act) or that committee (with its membership as constituted under section 13 of the Act of 1978 but irrespective of whether a member of that committee became such a member before, on or after that commencement), as the case requires, after such commencement as if—

(i) the Acts specified in Part 1 of Schedule 1 had not been repealed, and

(ii) the statutory instruments specified in Part 2 of Schedule 1 had not been revoked.

(2) The Council is a body corporate with perpetual succession and an official seal and with power—

(a) to sue and be sued in its corporate name, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Council may, subject to the provisions of this Act, regulate its own procedure.

(4) Schedule 2 applies to the Council.

(5) A person who—

(a) immediately before the commencement of section 3 , was a member of the Council and of the committee referred to in subsection (1)(b), and

(b) on that commencement, ceases to be a member of the Council but remains a member of that committee,

shall, for so long as the person continues to be a member of that committee, and for the purposes of subsection (1)(b), be deemed to satisfy the requirements of section 13 of the Act of 1978 relating to the membership of that committee.

(6) Where pursuant to subsection (1)(b) the Council may take any relevant action in respect of the registration of a medical practitioner, then the Council may take the equivalent action under this Act and—

(a) in the case of equivalent action falling within paragraph (a) of the definition of “equivalent action”, section 81 shall apply to the equivalent action accordingly,

(b) in the case of equivalent action falling within paragraph (c) of the definition of “equivalent action”—

(i) paragraph (c) of the definition of “relevant conditions” in section 2 shall be construed to include the equivalent action accordingly, and

(ii) sections 43 (6) and 82 shall apply to the equivalent action accordingly.

(7) In subsection (6)—

“ equivalent action ”, in relation to the registration of a medical practitioner, means—

(a) in the case of paragraph (a) of the definition of “relevant action”, the cancellation of the registration pursuant to a decision referred to in section 78 (3),

(b) in the case of paragraph (b) of the definition of “relevant action”, the suspension of the registration pursuant to a decision referred to in section 78 (3),

(c) in the case of paragraph (c) of the definition of “relevant action”, the attachment of conditions to the registration pursuant to a decision referred to in section 78 (1);

“ relevant action ”, in relation to the registration of a medical practitioner, means any action under Part V of the Act of 1978 pursuant to which the Council may—

(a) erase the practitioner’s name from the General Register of Medical Practitioners or the Register of Medical Specialists,

(b) give effect to a decision of the Council that during a period of specified duration the registration of the practitioner’s name in a register referred to in paragraph (a) shall not have effect, or

(c) attach conditions to the retention of the practitioner’s name in a register referred to in paragraph (a).