Medical Practitioners Act 2007

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Transitional provisions applicable to register.

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

(a) the General Register of Medical Practitioners, as that Register was in force immediately before the commencement of section 3 , shall, subject to subsection (2), be deemed to be the General Division until the register establishment day, and the other provisions of this Act (including the definition of “General Division” in section 2 and the provisions relating to the inclusion in, or the deletion of, names from the register) shall apply to that Register accordingly, and

(b) the Register of Medical Specialists, as that Register was in force immediately before the commencement of section 3 , shall be deemed to be the Specialist Division until the register establishment day, and the other provisions of this Act (including the definition of “Specialist Division” in section 2 and the provisions relating to the inclusion in, or the deletion of, names from the register) shall apply to that Register accordingly.

(2) Without prejudice to the operation of subsection (3), a medical practitioner whose name is entered in the General Register of Medical Practitioners pursuant to—

(a) section 28 (as substituted by section 6 of the Act of 2002) of the Act of 1978, or

(b) section 29 (as amended by section 7 of the Act of 2002) of the Act of 1978,

may, for so long as the practitioner’s name is so entered, only practise medicine pursuant to that registration subject to the same conditions that were applicable to the practise of medicine by that practitioner immediately before the commencement of section 3 .

(3) Where the Council gives the Minister a notice in writing stating the date on which the Council will be ready to administer the register, the Minister shall publish a notice in Iris Oifigiúil specifying that date as the date on which the register comes into operation.

(4) The Council shall ensure that, on the register establishment day—

(a) subject to paragraphs (c) to (i), the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day is entered in the General Division,

(b) subject to paragraphs (c) to (i), the name of a medical practitioner whose name is entered in the Register of Medical Specialists immediately before that day is entered in the Specialist Division,

(c) the name of a medical practitioner whose name is entered in both the General Register of Medical Practitioners and the Register of Medical Specialists immediately before that day is only entered in the Specialist Division,

(d) the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day pursuant to section 28 (as substituted by section 6 of the Act of 2002) of the Act of 1978 is entered in the Trainee Specialist Division,

(e) the name of a medical practitioner—

(i) whose name is entered in the General Register of Medical Practitioners or the Register of Medical Specialists, or both, immediately before that day, and

(ii) who practises medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training,

is only entered in the Trainee Specialist Division,

(f) the name of a medical practitioner whose name is entered in the General Register of Medical Practitioners immediately before that day pursuant to section 29 (as amended by section 7 of the Act of 2002) of the Act of 1978 is only entered in the Trainee Specialist Division,

(g) subject to subsection (5), where any conditions were, immediately before that day, attached to the registration of any medical practitioner whose name is entered in the General Register of Medical Practitioners or the Register of Medical Specialists immediately before that day, there is entered in the register—

(i) a statement that the practitioner’s registration is subject to conditions, and

(ii) particulars of the conditions,

(h) where immediately before that day and pursuant to Part V of the Act of 1978 the registration of the name of a medical practitioner entered in the General Register of Medical Practitioners or the Register of Medical Specialists immediately before that day had no effect for the duration of a specified period which expires on a date after the register establishment day, there is entered in the register—

(i) a statement that the practitioner’s registration has no effect for the time being, and

(ii) a statement as to the date on which the practitioner’s registration will (barring any further sanctions being imposed under this Act on the practitioner) once again have effect,

and

(i) no medical practitioner is registered in more than one division of the register except that a medical practitioner who is registered in the Specialist Division may also be registered in the Trainee Specialist Division if, and only if, the practitioner is undergoing specialist training in a medical specialty other than the medical specialty in respect of which the practitioner is registered in the Specialist Division.

(5) The Council is not required to comply with subsection (4)(g) in the case of conditions referred to in that subsection attached to the registration of a medical practitioner referred to in that subsection if the Council is satisfied that the division of the register in which the practitioner is registered makes those conditions redundant.

(6) Nothing in this section shall of itself operate to prevent a medical practitioner registered in the Specialist Division from practising medicine as if the practitioner were registered in the General Division.