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25 2007

Medical Practitioners Act 2007

PART 6

Registration of Medical Practitioners

Unregistered medical practitioners shall not practise medicine.

37 .— Subject to section 38 , an unregistered medical practitioner shall not—

(a) practise medicine, or

(b) subject to section 50 , advertise the practitioner’s services as a medical practitioner.

Circumstances in which unregistered medical practitioners may practise medicine.

38 .— A medical practitioner does not contravene section 37 (a) if—

(a) the practitioner is a dentist registered under the Dentists Act 1985 who only practises medicine in the course of, and for the purpose of, the lawful practise of dentistry,

(b) the practitioner is a person registered under the Nurses Act 1985 who only practises medicine in the course of, and for the purposes of, the lawful practise of nursing or midwifery,

(c) the practitioner is a registered pharmaceutical chemist or a registered dispensing chemist and druggist, under the Pharmacy Acts 1875 to 1977, who only practises medicine in the course of, and for the purposes of, the lawful practise of pharmacy in accordance with those Acts,

(d) the practitioner is a person registered under the Health and Social Care Professionals Act 2005 to practise a profession designated under that Act who only practises medicine in the course of, and for the purposes of, the lawful practise of that profession,

(e) the practitioner only practises medicine in the course of rendering first aid to a person,

(f) the practitioner only practises medicine in the State pursuant to the provisions of section 50 , or

(g) the practitioner only practises medicine in any combination of any of the circumstances specified in paragraphs (a) to (f).

Designated titles.

39 .— (1) Subject to subsections (2), (3) and (4), the Minister may, after consulting the Council or pursuant to a recommendation of the Council, make regulations to designate for the purposes of this Act any title (including variants thereof and any combination of letters) to be used by any registered medical practitioner, or a class of registered medical practitioners, as specified in the regulations.

(2) The Minister shall not exercise the power under subsection (1) to designate for the purposes of this Act a title unless—

(a) the Minister has given interested persons, organisations and other bodies an opportunity to make representations to the Minister concerning the proposed designation,

(b) subject to subsection (3), the Minister considers that it is appropriate and in the public interest that the title be so designated, and

(c) the regulations made in exercise of that power provide that a person who was, immediately before the commencement of the regulations, lawfully using the title but who, on that commencement, would contravene section 40 (2) if the person continued to use the title, may continue to use the title for the period specified in the regulations (being a period reasonable in the circumstances but, in any case, not less that 6 months) without contravening that section.

(3) The Minister shall, in considering for the purposes of subsection (2)(b) whether it is appropriate and in the public interest that a specific title be designated for the purposes of this Act, have regard to—

(a) the extent to which any class of medical practitioners has, in the opinion of the Council, a defined scope of practice and applies a distinct and recognised body of knowledge,

(b) the degree of risk to the health, safety or welfare of the public from the incompetent, unethical or impaired practice of any class of medical practitioners, and

(c) any other factor that the Minister considers relevant.

(4) The Minister shall not make regulations under this section unless—

(a) a draft of the proposed regulations has been laid before the Houses of the Oireachtas, and

(b) a resolution approving the draft has been passed by each such House.

Use of designated titles.

40 .— (1) A registered medical practitioner shall not use a title designated for the purposes of this Act pursuant to regulations made under section 39 (1) unless—

(a) the regulations specify that the title may be used by any registered medical practitioner, or

(b) the practitioner falls within the class of registered medical practitioners that the regulations specify may use the title.

(2) Subject to section 39 (2)(c), a person shall not use a title referred to in subsection (1) unless entitled by virtue of that subsection to use the title.

Offences and penalties.

41 .— (1) A person is guilty of an offence if the person—

(a) contravenes section 37 (a) or (b) or 40 (2),

(b) falsely represents to be a registered medical practitioner, or

(c) being a registered medical practitioner, falsely represents to be registered in a division of the register other than the division in which the person is registered.

(2) A person is guilty of an offence if the person causes or permits another person to make representations about the first-mentioned person that, if made by the first-mentioned person, would be an offence under subsection (1).

(3) A person is guilty of an offence if the person, with intent to deceive, makes with regard to another person any representation that—

(a) the first-mentioned person knows to be false, and

(b) if made by the other person would be an offence by the other person under subsection (1).

(4) A person is guilty of an offence if the person makes or causes to be made any false declaration or misrepresentation for the purpose of obtaining registration.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both,

(b) on conviction on indictment—

(i) in the case of a first offence, to a fine not exceeding €130,000 or to imprisonment for a term not exceeding 5 years or both,

(ii) in the case of any subsequent offence, to a fine not exceeding €320,000 or to imprisonment for a term not exceeding 10 years or both.

(6) It shall be a defence in proceedings for an offence under subsection (1)(a) or (2) for the person charged with the offence to prove that the person took all reasonable steps to avoid the commission of the offence.

(7) Where a person is convicted of an offence under this section, the court recording the conviction shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence.

Recovery of fees, etc.

42 .— (1) Subject to subsection (2), an unregistered medical practitioner shall not be entitled to charge or recover fees or outlays for medical services provided by the practitioner in the course of practising medicine.

(2) Subsection (1) shall not apply to—

(a) medical services provided by an unregistered medical practitioner at a time when the practitioner was a registered medical practitioner, or

(b) medical services provided by an unregistered medical practitioner to the extent that they were provided in any of the circumstances specified in any of paragraphs (a) to (g) of section 38 .

Register.

43 .— (1) The Council shall establish and maintain a register to be known as the register of medical practitioners.

(2) The register shall contain the names of the medical practitioners registered, and the qualifications they are entitled to have registered, under this Act and shall consist of 4 divisions comprising—

(a) the General Division, which shall include the names of those medical practitioners registered in that division pursuant to section 46 and such other identifying particulars of those practitioners as the Council considers appropriate,

(b) the Specialist Division, which shall include the names of those medical practitioners registered in that division pursuant to section 47 and such other identifying particulars of those practitioners as the Council considers appropriate,

(c) the Trainee Specialist Division, which shall include the names of those medical practitioners registered in that division pursuant to section 48 or 49 and such other identifying particulars of those practitioners as the Council considers appropriate, and

(d) the Visiting EEA Practitioners Division, which shall include the names of those medical practitioners registered in that division pursuant to section 50 and such other identifying particulars of those practitioners as the Council considers appropriate.

(3) The register may be established and maintained in paper or electronic form.

(4) A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

(a) a person named in the certificate—

(i) was a registered medical practitioner,

(ii) was a registered medical practitioner in the General Division, the Specialist Division, the Trainee Specialist Division or the Visiting EEA Practitioners Division, or

(iii) was not a registered medical practitioner,

or

(b) the registration of a medical practitioner named in the certificate—

(i) was suspended, or

(ii) was subject to the relevant conditions specified in the certificate,

shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(5) The Council shall, as soon as is practicable after a medical practitioner has been registered and the appropriate fees paid, give the practitioner a certificate stating—

(a) the practitioner’s name,

(b) the registration number attached to the practitioner’s registration,

(c) the division of the register in which the practitioner’s name has been included, and

(d) such other identifying particulars of the practitioner as the Council considers appropriate.

(6) Where relevant conditions have been attached to the registration of a practitioner, the Council shall enter in the register—

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

(b) particulars of the conditions.

(7) A registered medical practitioner shall, as soon as may be after the practitioner has received the certificate referred to in subsection (5) and if it is practicable to do so, cause the certificate to be displayed—

(a) at the principal place where the practitioner practises medicine, and

(b) at all times during which the practitioner’s registration continues and at no other time.

(8) A registered medical practitioner shall, as soon as may be after the person has received the certificate referred to in subsection (5), cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic format, relating to that practitioner’s practice as a registered medical practitioner.

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.

Registration of medical practitioners — general.

45 .— (1) A medical practitioner may make an application to the Council, accompanied by the appropriate fee or fees, to be registered.

(2) Subject to subsection (3) and sections 46 , 47 , 48 , 49 , 50 , 53 and 54 (4), the Council shall determine an application under subsection (1) from a medical practitioner by registering the practitioner in that division of the register which is considered by the Council to be appropriate.

(3) Subject to section 44 (4)(i), the Council shall not register a medical practitioner in more than one division of the register.

(4) Subject to subsection (5), the Council shall determine an application to be registered under the terms of Directive 2005/36/EC—

(a) subject to paragraph (b), as soon as is possible after it receives all the documents required to determine the application, but

(b) in any event, not later than 3 months after the date on which it receives the last of those documents.

(5) Where the Council has a reasonable and justified doubt in relation to an application referred to in subsection (4) from a person, it may require of a competent authority of a Member State—

(a) confirmation of the authenticity of diplomas, certificates and other evidence of formal qualifications issued in the Member State and referred to in Articles 21, 23 and 50 of Directive 2005/36/EC,

(b) confirmation that the person has fulfilled the minimum training requirements specified in Article 23 or, as the case requires, Article 24 or 25 of Directive 2005/36/EC.

(6) The Council shall, in considering an application referred to in subsection (4) from a person, take into account any relevant training undergone or experience gained by the person in a third country.

(7) For the avoidance of doubt, it is declared that the Council shall not register a medical practitioner pursuant to section 46 , 47 , 48 or 49 unless the practitioner has made an application under subsection (1).

Medical practitioners to be registered in General Division.

46 .— The Council shall register in the General Division a medical practitioner (other than a visiting EEA practitioner)—

(a) who is not able to be registered—

(i) in the Specialist Division pursuant to section 47 , or

(ii) in the Trainee Specialist Division pursuant to section 48 or 49 ,

and

(b) who—

(i) has passed an examination, specified in rules made under section 11 for the purposes of this subparagraph, for the purposes of registration in the General Division,

(ii) is exempted from subparagraph (i) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this subparagraph, for such exemption,

(iii) is a national of a Member State who has been awarded a qualification in medicine or a certificate of acquired rights by a competent body or authority designated for that purpose by a Member State, pursuant to Directive 2005/36/EC, or

(iv) subject to rules made under section 11 which apply to this subparagraph, has been granted a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience.

Medical practitioners to be registered in Specialist Division.

47 .— (1) The Council shall, in accordance with the relevant criteria specified in rules made under section 11 , register in the Specialist Division the following medical practitioners:

(a) every medical practitioner who has, in the opinion of the Council, completed specialist training in a medical specialty recognised by the Council under section 89 (1);

(b) every medical practitioner who is granted evidence of satisfactory completion of specialist training by a body approved under section 89 (3)(a)(ii);

(c) every national of the State or a Member State who possesses a degree, diploma or other evidence of formal qualification in specialised medicine recognised by the Council and awarded by a competent body or authority designated for that purpose by a Member State, pursuant to Directive 2005/36/EC;

(d) every national of the State or a Member State who possesses a certificate of acquired rights in specialised medicine awarded by a competent body or authority designated for that purpose by a Member State, pursuant to Directive 2005/36/EC;

(e) every national of the State or a Member State who possesses a degree, diploma, certificate or other evidence of formal qualification in specialised medicine awarded in a third country and certified by a competent body or authority designated for that purpose by a Member State, pursuant to Directive 2005/36/EC; or

(f) any medical practitioner who satisfies the Council that the practitioner has completed a programme of training and has acquired sufficient experience in specialised medicine of a standard considered by the Council to be adequate for the purposes of registration in the Specialist Division.

(2) The Council may, until the 5th anniversary of the commencement of this subsection, grant registration in any particular list of the Specialist Division to any medical practitioner who, being able to be registered in the General Division, satisfies the Council that the practitioner has obtained sufficient training and experience such that the practitioner should be registered as a specialist in that list.

(3) For the purposes of subsection (2), the Council shall, until the 5th anniversary of the commencement of that subsection, work with the bodies approved under section 89 (3)(a) to assist medical practitioners registered in the General Division to achieve the necessary standard for registration in the Specialist Division.

Medical practitioners to be registered in Trainee Specialist Division.

48 .— (1) The Council shall register in the Trainee Specialist Division a medical practitioner who—

(a) has been granted a certificate of experience, and

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

(2) The Council shall register in the Trainee Specialist Division a medical practitioner who is a national of a Member State and—

(a) has been awarded a qualification in medicine or a certificate of acquired rights by a competent body or authority designated for that purpose by a Member State, pursuant to Directive 2005/36/EC,

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

(c) subject to rules made under section 11 which apply to this paragraph, has been granted in a Member State a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience.

(3) The Council shall register in the Trainee Specialist Division a medical practitioner who is a national of a Member State who does not fall within subsection (1) or (2), or who is a national of a third country, and—

(a) either—

(i) has passed an examination, specified in rules made under section 11 for the purposes of this subparagraph, for the purposes of registration in the Trainee Specialist Division, or

(ii) is exempted from subparagraph (i) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this subparagraph, for such exemption,

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

(c) subject to rules made under section 11 which apply to this paragraph, has been granted in a third country a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience.

(4) The Council shall register in the Trainee Specialist Division a medical practitioner who has been granted refugee status in the State and—

(a) either—

(i) has passed an examination, specified in rules made under section 11 for the purposes of this subparagraph, for the purposes of registration in the Trainee Specialist Division, or

(ii) is exempted from subparagraph (i) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this subparagraph, for such exemption,

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

(c) satisfies any other requirements, specified in rules made under section 11 , for the purposes of this paragraph.

(5) A medical practitioner who is registered in the Trainee Specialist Division but who ceases to practise medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training shall, as soon as is practicable after so ceasing to practise medicine but, in any case, not later than 14 days after so ceasing to practise medicine, give notice in writing to the Council of that fact.

(6) Where—

(a) the Council receives a notice under subsection (5) from a medical practitioner, or

(b) a medical practitioner fails to comply with subsection (5),

sections 45 (3) and 46 shall apply to and in relation to the Council and the practitioner.

Internship registration in Trainee Specialist Division.

49 .— (1) The Council shall register in the Trainee Specialist Division a medical practitioner who has completed a course of study in the State or a Member State resulting in the award of a basic medical qualification and who intends to practise medicine in an individually numbered, identifiable intern post which has been approved by the Council for the purposes of intern training.

(2) Subject to subsection (3), on and after the relevant day, where a medical practitioner has completed a period of internship to the satisfaction of the Council, the Council shall grant the practitioner a certificate of experience.

(3) The Council shall not grant under subsection (2) a certificate of experience to a medical practitioner unless the Council is satisfied that the practitioner has, for the period or periods specified in rules made under section 11 for the purposes of this subsection, been employed as a medical practitioner—

(a) in a hospital, health institution, clinic, general medical practice, or other health service setting, as is specified in rules made under section 11 for the purposes of this subsection, and

(b) such hospital, health institution, clinic, general medical practice, or other health service setting, as the case may be, has been inspected and approved by the Council for acceptable intern training standards.

(4) Notwithstanding the repeal of the Act of 1978 by section 3 , section 28 of the Act of 1978 shall, until the relevant day, and with all necessary modifications, apply to the grant of a certificate of experience under this Act as it applies to the grant of a certificate of experience under the Act of 1978.

(5) Where the Council gives the Minister a notice in writing stating the date on which the Council will be ready to grant certificates of experience, the Minister shall publish a notice in Iris Oifigiúil specifying that date as the date on which the Council shall commence to grant such certificates.

(6) In this section, “relevant day” means the date specified in the notice referred to in subsection (5) published in Iris Oifigiúil as the date on which the Council shall commence to grant certificates of experience.

Visiting EEA practitioners providing services on temporary and occasional basis.

50 .— (1) Subject to subsections (2) and (7), a medical practitioner who is a national of a Member State and lawfully established in medical practice in a Member State (by virtue of being registered or licensed to practise medicine by a competent authority of a Member State that is the last-mentioned Member State’s equivalent to the Council) may, on visiting the State—

(a) practise medicine on a temporary and occasional basis without first being registered, and

(b) advertise the practitioner’s services as a medical practitioner for the purposes of paragraph (a).

(2) Subject to subsection (4), a visiting EEA practitioner shall, before practising medicine in the State and thereafter on an annual basis, give to the Council a declaration in writing—

(a) giving particulars of the medical services to be rendered and the period or periods in which the practitioner expects to render them, and

(b) accompanied by the following documents in the case of the first such declaration (and thereafter only if there is a material change in the situation substantiated by such documents):

(i) proof of the nationality of the practitioner; and

(ii) an attestation from the relevant competent authority (being the authority or body designated by the Member State concerned as competent for the purposes of Article 56 of Directive 2005/36/EC) certifying that the practitioner is—

(I) lawfully established in a Member State for the purpose of practising medicine, and

(II) not prohibited from practising medicine, even temporarily, at the moment of delivering the attestation.

(3) The Council may, in respect of a visiting EEA practitioner who has made a declaration pursuant to subsection (2), request any competent authority of the Member State in which the practitioner is established as mentioned in subsection (2)(b)(ii)(I), for each provision of medical services specified in the declaration, to provide any information relevant to the legality of the practitioner’s establishment and the practitioner’s good conduct and the absence of any disciplinary or criminal sanctions of a professional nature.

(4) A visiting EEA practitioner may give to the Council the documents referred to in subsection (2)(b) after the practitioner has rendered any medical services specified in a declaration referred to in subsection (2) given by the practitioner to the Council where the provision of those services was urgently required but, in any case, not more than 15 days after the date on which the services were provided.

(5) The temporary and occasional nature of the proposed provision of medical services by a visiting EEA practitioner shall be assessed by the Council on a case by case basis, in particular in relation to its duration, its frequency, its regularity and its continuity.

(6) Where a visiting EEA practitioner complies with the requirements of subsection (2), the Council shall—

(a) register the practitioner in the Visiting EEA Practitioners Division, and

(b) enter in the register the particulars referred to in subsection (2)(a) contained in the practitioner’s declaration made pursuant to subsection (2).

(7) A visiting EEA practitioner shall not practise medicine in the State otherwise than in accordance with a declaration made by the practitioner under subsection (2)(a) or in a case of urgency.

Registration of additional qualifications.

51 .— (1) A registered medical practitioner may make an application, accompanied by the appropriate fee, to the Council to have a qualification acquired by the practitioner and which falls within subsection (2) entered in the register in addition to the practitioner’s qualifications already entered therein.

(2) The Council shall determine the qualifications, not being qualifications required for the purposes of registration, which may be entered in the register as additional qualifications.

(3) Where the Council enters in the register an additional qualification acquired by a medical practitioner, the Council shall, as soon as is practicable thereafter, give the practitioner a certificate stating that the additional qualification has been entered in the register.

Application to have registration removed, etc.

52 .— (1) A registered medical practitioner may make an application to the Council to have the practitioner’s registration removed.

(2) Subject to subsection (3), the Council shall determine an application under subsection (1) from a registered medical practitioner by removing the practitioner’s registration.

(3) Where the Council receives an application under subsection (1) from a registered medical practitioner and—

(a) the practitioner is the subject of a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if applicable, Parts 8 and 9 , or

(b) the practitioner has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

then the Council shall not consider the application until such time as the Council has decided whether or not the practitioner’s registration should be removed (including cancelled) pursuant to another provision of this Act.

(4) A medical practitioner whose registration has been removed pursuant to subsection (2) may make an application, accompanied by the appropriate fee, to the Council to have the practitioner’s registration restored.

(5) The Council shall determine an application under subsection (4) from a medical practitioner by restoring the practitioner’s registration.

(6) Where the Council is satisfied by medical evidence that a registered medical practitioner is suffering from an illness or condition of a permanent or terminal nature which, due to the nature of the condition, renders it impossible for the practitioner—

(a) to practise medicine in a safe and competent manner, and

(b) to notify the Council of the practitioner’s illness or condition, as the case may be,

then the Council may remove the practitioner’s registration.

Conditions attached to first registration.

53 .— (1) A medical practitioner making an application for registration shall declare in the application whether the practitioner has any relevant medical disability.

(2) Where the Council is satisfied that—

(a) a medical practitioner making an application for registration has a relevant medical disability, and

(b) in the interests of public safety, registration should only be granted to the practitioner subject to conditions on the practising of medicine by the practitioner which take account of that disability,

the Council shall specify the conditions (in this section referred to as the “proposed conditions”) which, in the opinion of the Council, are necessary to be attached to the registration of the practitioner in those interests.

(3) Where the medical practitioner the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions to the practitioner’s registration, the Council shall register the practitioner and at the same time comply with section 43 (6) in respect of the conditions.

Refusal of registration, etc., and appeal to Court against Council’s decision.

54 .— (1) Nothing in sections 45 to 53 shall operate to prevent the Council from refusing to register or restore the registration of a medical practitioner on the grounds of the unfitness of the practitioner to practise medicine.

(2) Where the Council makes a decision—

(a) under subsection (1) to refuse to register or restore the registration of a medical practitioner,

(b) to register a medical practitioner in a division of the register other than the division specified in the practitioner’s application under section 45 for registration, or

(c) to attach conditions to the registration of a medical practitioner pursuant to section 53 ,

the Council shall forthwith give notice in writing to the practitioner of the decision, the date of the decision and the reasons for the decision.

(3) A medical practitioner the subject of a decision referred to in subsection (2) may, not later than 3 months after the date on which the practitioner was given notice of the decision pursuant to that subsection, appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a medical practitioner—

(a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to register or restore the registration of the practitioner in such division of the register as the Court considers appropriate and with no conditions attached to the registration, or

(II) to register or restore the registration of the practitioner—

(A) in such division of the register as the Court considers appropriate, and

(B) with such conditions attached to that registration as the Court considers appropriate,

and

(b) give the Council such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

Correction of register.

55 .— (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires correct all clerical errors in the register, remove therefrom all entries therein procured by fraud or misrepresentation, enter in the register every change which comes to the Council’s knowledge in the addresses of the registered medical practitioners, and remove the registration of all registered medical practitioners whose death has been notified to, or comes to the knowledge of, the Council.

(2) Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the medical practitioner concerned, or the practitioner’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.

(3) The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.

(4) Where any particulars entered in the register in respect of a registered medical practitioner change, the practitioner shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.

(5) Where a registered medical practitioner intends to be, or has been, absent from the State for a continuous period of more than 12 months, the practitioner shall, as soon as is practicable, give notice in writing to the Council—

(a) of that fact, and

(b) of particulars of any employment that the practitioner intends to take up, or has taken up, outside the State in a medical capacity.

(6) A registered medical practitioner shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the practitioner’s registration not later than 30 days after that matter comes to the knowledge of the practitioner.

(7) In subsection (6), “ material matter ”, in relation to a registered medical practitioner, includes—

(a) the imposition of conditions on any registration or licence,

(b) the suspension, withdrawal or removal of any registration or licence, or

(c) the refusal to grant registration or a licence,

in relation to any regulatory body in or outside the State, and any medical capacity of the practitioner, and includes any conviction of a criminal nature whether imposed in or outside the State.

Publication of register.

56 .— (1) Subject to subsection (2), the Council shall ensure that the register is published in the prescribed manner.

(2) The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of registered medical practitioners or other similar details that, in its opinion, should, in the interests of the security of the practitioners, be protected from disclosure.