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4 1978

MEDICAL PRACTITIONERS ACT, 1978

CHAPTER 2

The Postgraduate Medical and Dental Board

Establishment of the Postgraduate Medical and Dental Board.

39. —(1) There shall by virtue of this section be established a body to be known as an Bord Míochaine agus Déidliachta Iarchéime, or in the English language as the Postgraduate Medical and Dental Board (in this Act referred to as the Board) to fulfil the functions assigned to it by this Act.

(2) The following provisions shall have effect in relation to the Board—

(a) the Board shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land;

(b) the Board shall not dispose of land or property save with the consent of the Minister;

(c) the Board shall as soon as may be after its establishment provide itself with a seal;

(d) the Minister may, out of moneys provided by the Oireachtas, make grants towards the expenses of the Board;

(e) (i) the Board may appoint such committees as it thinks fit and may define the functions and procedure of any such committee and may delegate specific functions to any such committee;

(ii) the Board may appoint as members of a committee established under this paragraph persons who are not members of the Board;

(f) the Board may, subject to the provisions of this Act, regulate its own procedure;

(g) the Third Schedule to this Act shall apply to the Board.

Functions of the Board.

40. —The functions of the Board shall be:—

(a) to promote the development of postgraduate medical and dental education and training and to co-ordinate such developments;

(b) to advise the Minister, after consultation with the bodies specified in sections 9 (1) (a), 9 (1) (b), 9 (1) (c), 9 (1) (d) and 9 (1) (e) of this Act, and with such other bodies as the Board may consider appropriate, on all matters, including financial matters, relating to the development and co-ordination of postgraduate medical and dental education and training;

(c) to provide career guidance for registered medical practitioners and registered dentists.

Assignment to the Board of additional functions.

41. —The Board shall carry out such functions, other than functions assigned to it by this Act, as may be assigned to it from time to time by the Minister following consultation with the Board in relation to postgraduate medical and dental education and training.

Membership of the Board.

42. —(1) The Board shall consist of twenty-five members, appointed by the Minister, of whom—

(a) each shall be a person having practical experience or special knowledge of the matters relating to the functions of the Board,

and

(b) not less than twenty shall either be registered medical practitioners or registered dentists.

(2) Before making appointments to the Board, the Minister shall consult with—

(a) the Council,

(b) the Dental Board,

(c) the appropriate bodies, and

(d) any organisation which, in the opinion of the Minister, represents, in the State, registered medical practitioners or registered dentists.

(3) In this section “the appropriate bodies” means any body or organisation specified in sections 9 (1) (a), 9 (1) (b), 9 (1) (c), 9 (1) (d) or 9 (1) (e) of this Act or any body or organisation recognised by the Council pursuant to section 38 (3) of this Act.

Officers and servants of the Board.

43. —(1) The Board shall appoint such and so many persons to be officers and servants of the Board as the Board from time to time thinks proper.

(2) An officer or servant of the Board shall hold his office or employment on such terms and conditions and shall perform such duties as the Board from time to time determines.

(3) There shall be paid by the Board to its officers and servants out of funds at its disposal such remuneration and allowances as the Board, with the consent of the Minister, from time to time determines.

(4) The Minister may, whenever and as often as he thinks fit, declare that any power conferred on the Board by this section shall be exercisable only with the consent of the Minister and whenever any such declaration is in force, the said power may, in relation to any office or employment to which the declaration applies, be exercisable only with such consent.

Application of Act to Board.

44. Sections 8 (2), 8 (3), 12 , 14 , 18 , 19 , 20 , 21 , 22 , 23 and 24 of, and Rules 8, 10, 11, 12, 13, 14, 15, 16, 18 and 19 of the Second Schedule to, this Act shall apply to the Board and for this purpose any reference in these sections and Rules to the Council shall be construed as a reference to the Board and any reference therein to the President or Vice-President of the Council shall be construed as a reference to the Chairman or Vice-Chairman of the Board, as the case may be.