IE-2005-act-27 — Health and Social Care Professionals Act 2005 | Law Reform

PART 1 Preliminary Matters 1. —This Act may be cited as the Health and Social Care Professionals Act 2005 . 2. —(1) This Act comes into operation on the day that the Minister may, by order, appoint. (2) Different days may be appointed under this section, by one or more than one order, for different purposes or different provisions of this Act. 3. —(1) In this Act, except where the context otherwise requires— F1 [ “ Act of 1956 ” means the Opticians Act 1956 ; ] F1 [ “ afocal goggles ” or ” afocal sunglasses ” means goggles or sunglasses containing lenses with no optical power; ] “bye-law” means a bye-law made by a registration board under section 31 ; F6 [ "condition" includes a restriction; ] F1 [ “ contact lenses ” includes any device, designed to be worn in contact with the ocular surface, for the correction of vision, for the provision of a decorative or cosmetic effect, for a therapeutic purpose, or for any other reason, and regardless of the optical properties or the absence of optical properties of the device; ] “Council” means the Health and Social Care Professionals Council established under section 6 ; “Court” means the High Court; “designated profession” means a health or social care profession that— ( a ) is designated in section 4 (1) , or ( b ) is designated by regulation under section 4 (2) ; F2 [ "Directive 2005/36/EC" has the meaning assigned to “ Directive ” in Regulation 3(1) of the Professional Qualifications Regulations; ] “establishment day” means— ( a ) in relation to the Council, the day appointed under section 6 (3) for its establishment, and ( b ) in relation to a registration board, the day appointed under section 26 (3) for its establishment; “fee” means a fee set by the Council from time to time under section 18 ; “functions” includes duties and responsibilities; F6 [ "health or social care", in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession; ] “health or social care profession” has the meaning given by section 4 (3) ; F6 [ "material matter", in relation to a person (howsoever described), means— ( a ) any of the following taken by any regulatory body (whether in or outside the State) in relation to the provision of one or more than one kind of health or social care by the person— (i) the imposition of conditions on any registration or licence, (ii) the suspension, withdrawal or removal of any registration or licence, or (iii) the refusal to grant registration or a licence, or ( b ) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment; ] “Minister” means the Minister for Health and Children; F1 [ “ new name ” , in relation to a registration board referred to in section 26(1) , means the most recent name (if any) that the board has been given pursuant to regulations under section 4 ; ] F3 [ “ professional qualification ” , in relation to registration of a person in a designated profession, means a document, other than a document referred to in the definition of "qualification" in this section, that attests to the person ’ s having achieved a standard of proficiency in that profession, whether or not that standard was achieved in part through practical experience in that profession; ] F4 [ "Professional Qualifications Regulations" means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ); ] F3 [ “ qualification ” , in relation to registration of a person in a designated profession, means a document that attests to the person ’ s having achieved the standard of proficiency required for registration in that profession, and that — ( a ) in the case of registration sought under F5 [ section 38(2)(a) ] , has been approved by bye-law of the registration board of the profession concerned, ( b ) in the case of registration sought under section 91(1) , is listed in the third column of Schedule 3 opposite the profession concerned, or ( c ) in the case of registration sought under section 91(5) , has been prescribed by regulations made by the Minister under section 95 ; ] F1 [ “ ready-made reading spectacles ” means spectacles that have 2 single vision lenses each of which has the same positive spherical power not exceeding 4 dioptres and the purpose of which is to relieve the condition known as presbyopia; ] “register” means a register established and maintained under section 36 ; “registrant”, in relation to a designated profession, means an individual whose name is entered in the register of members of that profession; “registration board” means a board established under section 26 or established by regulation under section 4 ; F1 [ “ relevant day ” means the day on which section 2 of the Health (Miscellaneous Provisions) Act 2014 is commenced; ] F1 [ “ relevant medical disability ” , in relation to a person seeking registration as a member of a designated profession, or who is a registrant of that profession, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair his or her ability to practise that profession or a particular aspect thereof; ] F6 [ "relevant profession" means any of the following professions: ( a ) dentist; ( b ) a designated profession; ( c ) medical practitioner; ( d ) midwife; ( e ) nurse; ( f ) pharmacist; ] F6 [ "restriction" includes a condition; ] “rule” means a rule made by the Council under section 22 ; F1 [ ” spectacles ” includes — ( a ) contact lenses, ( b ) pince-nez, and ( c ) monocles, but does not include — (i) afocal goggles or similar articles, (ii) afocal sunglasses or similar articles, or (iii) ready-made reading spectacles; ] “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death. (2) In this Act “material interest” is to be construed in accordance with section 2(3) of the Ethics in Public Office Act 1995 . (3) Unless the context otherwise requires, any reference in this Act to a register includes a division of the register and “registered” and “registration” are to be construed accordingly. F6 [ (3A) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by a registration board of its functions under the Professional Qualifications Regulations as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned. ] (4) In this Act— ( a ) a reference to a section, Part or Schedule is to a section or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended, ( b ) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and ( c ) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act, unless the context otherwise requires. 4. —(1) For the purposes of this Act, the following health or social care professions are designated: ( a ) clinical biochemist; ( b ) dietitian; F7 [ ( ba ) dispensing optician; ] ( c ) medical scientist; ( d ) occupational therapist; F7 [ ( da ) optometrist; ] ( e ) orthoptist; ( f ) physiotherapist; ( g ) podiatrist; ( h ) psychologist; ( i ) radiographer; ( j ) social care worker; ( k ) social worker; ( l ) speech and language therapist. (2) After consulting the Council, the Minister may, by regulation, designate for the purposes of this Act any health or social care profession not already designated under subsection (1) , but only if— ( a ) the fitness of the members to practise their profession is not regulated by or under another Act of the Oireachtas, ( b ) the Minister has given interested persons, organisations and other bodies an opportunity to make representations to him or her concerning the proposed designation, ( c ) the Minister considers that it is appropriate and in the public interest that the profession be designated under this Act, and ( d ) the steps in subsection (8) have been taken. (3) A health or social care profession is any profession in which a person exercises skill or judgment relating to any of the following health or social care activities: ( a ) the preservation or improvement of the health or wellbeing of others; ( b ) the diagnosis, treatment or care of those who are injured, sick, disabled or infirm; ( c ) the resolution, through guidance, counselling or otherwise, of personal, social or psychological problems; ( d ) the care of those in need of protection, guidance or support. (4) In considering for the purposes of subsection (2)(c) whether it is appropriate and in the public interest that a health or social care profession be designated under this Act, the Minister shall have regard to the following factors: ( a ) the extent to which the profession has a defined scope of practice and applies a distinct body of knowledge; ( b ) the extent to which the profession has established itself, including whether there is at least one professional body representing a significant proportion of the profession's practitioners; ( c ) the existence of defined routes of entry into the profession and of independently assessed entry qualifications; ( d ) the profession's commitment to continuing professional development; ( e ) the degree of risk to the health, safety or welfare of the public from incompetent, unethical or impaired practice of the profession; ( f ) any other factor that the Minister considers relevant. F8 [ (5) Regulations under this section shall, in relation to a profession designated in the regulations, either — ( a ) ( i ) subject to subsection (5A) , include provision for the establishment of a registration board for that profession, and ( ii ) specify the name by which the registration board is to be known, or ( b ) specify — ( i ) the name (or, if applicable, the new name) of the registration board referred to in section 26(1) that shall be the registration board for that profession, and ( ii ) that, in order to take account of the fact referred to in subparagraph (i) , from the date on which the first appointment under section 28A(4) or (5) , as the case may be, takes effect, the registration board referred to in that subparagraph — (I) is to cease to be known by the name (or, if applicable, the new name) it had immediately before that date, and (II) shall be known by the new name specified for it in the regulations. (5A) Regulations under this section may establish one registration board for 2 or more professions designated in the regulations. ] (6) Regulations under this section may prescribe a title to be used by registrants of each profession designated by the regulations and, for that purpose, may also prescribe one or more than one variant of the prescribed title. (7) Regulations under this section may also vary, as the Minister considers necessary or expedient in view of the increase in the number of designated professions F7 [ (whether effected by virtue of an amendment to subsection (1) or by regulations under this section) ] — ( a ) the total number of persons to be appointed as ordinary members of the Council under section 9 (3)(b) , and ( b ) the number of them to be appointed to represent the management of a sector, organisation or body, or to represent an establishment or interest, referred to in any subparagraph of that section. (8) Regulations may be made under this section only if— ( a ) a draft of the proposed regulation has been laid before the Houses of the Oireachtas, and ( b ) a resolution approving the draft has been passed by each House. 5. —Any expenses incurred by the Minister in administering this Act are, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas. PART 2 Health and Social Care Professionals Council 6. —(1) On the establishment day, a body to be known as An Chomhairle um Ghairmithe Sláinte agus Cúraim Shóisialaigh or in the English language as the Health and Social Care Professionals Council is established to perform the functions and exercise the powers assigned to it by this Act. (2) The Council is a body corporate with perpetual succession and a common seal and it may— ( a ) sue and be sued in its corporate name, ( b ) acquire, hold and dispose of land or an interest in land, and ( c ) acquire, hold and dispose of any other property. (3) The Minister may, by order, appoint a day as the establishment day of the Council. (4) Subject to this Act, the Council may regulate its own procedure and the procedure of each registration board. (5) Schedule 1 applies to the Council. 7. —The Object of the Council is to protect the public by promoting high standards of professional conduct and professional education, training and competence among registrants of the designated professions. 8. —(1) The Council shall do all things necessary and reasonable to further its object and shall exercise its powers and perform its functions in the public interest. (2) Without limiting the Council's responsibilities under subsection (1) , its functions are to— ( a ) oversee and co-ordinate the activities of registration boards, ( b ) provide administrative support and secretarial assistance to registration boards and their committees, ( c ) receive applications and make decisions under Part 4 concerning the refusal of registration boards to grant or restore registration, ( d ) enforce standards of practice for registrants of the designated professions, including the codes of professional conduct and ethics adopted by their registration boards, ( e ) establish committees of inquiry into complaints under Part 6 against registrants of the designated professions, ( f ) make decisions and give directions under Part 6 relating to the imposition of disciplinary sanctions on registrants of the designated professions, ( g ) advise the Minister, either on its own initiative or at the Minister's request, on all matters relating to the Council's functions under this Act, ( h ) encourage registration boards to collaborate with each other, where practicable, including in the professional education and training of registrants, ( i ) issue assessment guidelines for the purposes of section 91 , and ( j ) perform any function that may be assigned by the Minister to the Council and that relates to— (i) the registrants of any designated profession, their education and training and the practice of the profession, or (ii) the implementation of any directive or regulation of the Council of the European Union concerning the practice of, and persons engaged in, health care or social care. (3) The Council has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions under this Act. 9. —(1) The Council is to consist of a chairperson and ordinary members, all of whom are to be appointed by the Minister in accordance with this section. (2) A registrant is not eligible to be appointed chairperson of the Council. (3) The following are to be appointed as ordinary members: ( a ) for each designated profession, one person F10 [ (referred to in this Act as a "professional member") ] who, subject to subsections (6) and (7) — (i) is an elected member of the registration board of the designated profession concerned, and (ii) is nominated by that board for appointment to the Council; ( b ) 9 persons of whom— (i) one is representative of the management of the public health sector, the public social care sector or both sectors, (ii) one is representative of the management of a voluntary or private sector organisation concerned with health or social care, (iii) one is representative of third level educational establishments involved in the education and training of persons with respect to the practice of the designated professions and is nominated by the Minister for Education and Science, and (iv) 6 are representative of the interest of the general public and are appointed with the consent of the Minister for Enterprise, Trade and Employment; ( c ) 3 persons who have such qualifications, interests and experience as, in the opinion of the Minister, would be of value to the Council in performing its functions. (4) Before appointing a chairperson under subsection (1) or an ordinary member under subsection (3)(b)(i) or (ii) or (c) or subsection (6) , the Minister shall consult with any organisations that he or she considers appropriate. (5) Persons appointed to represent the interests of the general public may include members of advocacy groups and users of services provided by the designated professions. F11 [ (6) The Minister shall, in the circumstances described in subsection (7) , appoint as a professional member for a designated profession, instead of a person who meets the criteria in subsection (3)( a ) , a person who is engaged — ( a ) in the practice of that profession, ( b ) in the education or training of persons with respect to the practice of that profession, or ( c ) as a member of that profession, in the management of services provided by that profession. (7) The circumstances in which the Minister shall make an appointment in accordance with subsection (6) are: ( a ) the initial appointment of a professional member to the Council as a result of a health or social care profession F12 [ being designated in section 4(1) or by regulation under section 4(2) ] ; or ( b ) an appointment of a professional member to the Council F13 [ to fill a casual vacancy or ] when the term of a professional member expires and the registration board of the designated profession in the practice of which those professional members are engaged — (i) has not been established, or (ii) has been established but has not conducted an election for members of that registration board in accordance with section 28(2) . ] F14 [ (8) The Council shall elect a deputy chairperson of the Council from amongst its members in accordance with Schedule 1 . ] F15 [ (9) In this section, "casual vacancy" has the same meaning as it has in Schedule 1 . ] 10. —(1) A member of the Council or of any committee established by the Council under this Act shall be paid, out of funds at the Council's disposal, such allowances for travelling and subsistence expenses incurred in respect of the member's attendance at a meeting of the Council or committee or F17 [ otherwise ] in connection with the affairs of the Council as the Minister, with the consent of the Minister for Finance, may determine. (2) In addition to any allowances payable under subsection (1) , F16 [ a member of the Council or of any committee established by the Council under section 51 may be paid by the Council, out of funds at its disposal, such remuneration for performing functions under this Act ] as may be determined by the Council with the approval of the Minister given with the consent of the Minister for Finance. 11. —(1) The Council shall appoint a chief executive officer to— ( a ) carry on and manage and control generally the administration and business of the Council and the registration boards, F18 [ ( b ) act as registrar of each registration board, ( ba ) perform any other functions that may be delegated by the Council or a registration board, and ] ( c ) perform any other duties that may be determined by the Council. (2) The chief executive officer holds office on the conditions (including those relating to remuneration and allowances) that may be determined by the Council with the approval of the Minister given with the consent of the Minister for Finance. (3) The chief executive officer shall be paid by the Council, out of funds at its disposal, the remuneration and allowances determined under subsection (2) . F19 [ (4) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this Act may be performed by a member of the staff of the Council designated by the Council. ] 12. —(1) Subject to subsection (2) , the Council may appoint persons to be members of its staff and may determine their duties. (2) The numbers and grades of staff to be appointed under this section and the conditions (including those relating to remuneration and allowances) of their appointment shall be determined by the Council with the approval of the Minister given with the consent of the Minister for Finance. (3) Staff appointed under this section shall be paid by the Council, out of funds at its disposal, the remuneration and allowances determined under subsection (2) . (4) Subject to subsection (5) , the Council may make and carry out arrangements with any person or body to assist any of the following in performing their functions or exercising their powers under this Act: ( a ) the Council; ( b ) a committee of the Council; ( c ) a registration board; ( d ) a committee of a registration board. (5) The Council's power to make an arrangement to assist a registration board or a committee of a registration board may be exercised only at the request of the registration board concerned. 13. —(1) The Council shall prepare and submit to the Minister one or more than one scheme for granting superannuation benefits to or in respect of such members of its staff (including the chief executive officer) as the Council considers appropriate. (2) Each superannuation scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. (3) A superannuation scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out in accordance with its terms. (4) A superannuation scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section. (5) The Council may not grant, or enter any arrangement for the provision of, any superannuation benefit to or in respect of a member of its staff (including the chief executive officer), except in accordance with a superannuation scheme approved under this section or approved by the Minister with the consent of the Minister for Finance. (6) Any dispute about the claim of any person to, or the amount of, a superannuation benefit payable in pursuance of a superannuation scheme approved under this section shall be submitted to the Minister who shall refer it to the Minister for Finance for decision. (7) The Minister shall ensure that a superannuation scheme approved under this section is laid before each House of the Oireachtas as soon as practicable after it is approved. (8) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which the superannuation scheme is laid before it, annul the scheme. (9) The annulment of a superannuation scheme under subsection (8) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the scheme before the passing of the resolution. 14. —(1) A member of the Council's staff (including the chief executive officer) is immediately seconded from employment by the Council if he or she is— ( a ) nominated as a member of Seanad Éireann, ( b ) elected as a member of either House of the Oireachtas or of the European Parliament, or ( c ) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy. (2) A person seconded from employment under subsection (1) shall not be paid by, or entitled to receive from, the Council any remuneration or allowances in respect of the period of secondment and that period shall not, for the purposes of any superannuation benefit, be counted as service with the Council. (3) In relation to a person seconded from employment under subsection (1) , the period of secondment begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas or of the European Parliament. (4) A person who is entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament is, while so entitled or such a member, not eligible to be employed in any capacity by the Council. 15. —(1) In this section— “meeting” means a meeting of the Council or of a committee of the Council; “member” means a member of the Council or of a committee of the Council; “specified matter” means— ( a ) an arrangement to which the Council is a party or a proposed such arrangement, or ( b ) a contract or other agreement with the Council or a proposed such contract or other agreement. (2) Any member present at a meeting where a specified matter arises who, otherwise than in his or her capacity as a member, has a material interest in that matter shall— ( a ) at the meeting disclose to the Council or committee the nature of that interest, ( b ) withdraw from the meeting for as long as the matter is being discussed or considered, ( c ) take no part in any deliberation of the members relating to the matter, and ( d ) refrain from voting on any decision relating to the matter. (3) If a member discloses a material interest under this section— ( a ) the disclosure shall be recorded in the minutes of the meeting concerned, and ( b ) for as long as the matter to which the disclosure relates is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting. (4) If at a meeting a question arises as to whether or not a course of conduct, if pursued by a member, would be a failure by the member to comply with subsection (2) — ( a ) the chairperson of the meeting may, subject to subsection (5) , determine the question, ( b ) the chairperson's determination is final, and ( c ) the particulars of the determination shall be recorded in the minutes of the meeting. (5) If the chairperson is the member in respect of whom the question arises, the other members present at the meeting shall choose one of their number to be the chairperson of the meeting for the purposes of subsection (4) . (6) A member who, otherwise than in his or her capacity as a member, has a material interest in a specified matter shall neither influence nor seek to influence any decision to be made by the Council or committee in relation to that matter. (7) On being satisfied that a member of the Council has failed to comply with subsection (2) or (6) , the Minister may remove that member from office. (8) A member removed from office under this section is not eligible for appointment under this Act. 16. —(1) A member of the Council's staff (including the chief executive officer) who, otherwise than in his or her capacity as such a member, has a material interest in a specified matter as defined in section 15 (1) shall— ( a ) disclose to the Council the nature of that interest, ( b ) take no part in the negotiation of the arrangement, contract or other agreement concerned or in any deliberation by the Council or its employees relating to that matter, ( c ) refrain from making any recommendation relating to the matter, and ( d ) neither influence nor seek to influence a decision to be made in relation to the matter. (2) Subsection (1) does not apply to contracts or proposed contracts of employment of the members of the Council's staff with the Council. (3) If a person fails to comply with this section, the Council may make such alterations to the person's conditions of employment as it considers appropriate or may terminate the person's contract of employment. 17. —(1) The Council shall pay the following expenses out of funds at its disposal: ( a ) all expenses incurred by the Council, including the expenses of providing administrative support and secretarial assistance to registration boards and their committees; ( b ) all expenses incurred by registration boards and their committees as a result of arrangements made under section 12 (4) . (2) The Council may allocate in the manner that it may determine the surplus, if any, of funds at its disposal to— ( a ) the development of education, ( b ) research, or ( c ) any other public purpose, connected with any one or more than one of the designated professions. 18. —(1) The Council may charge such fees as may, from time to time, be set by the Council for any or all of the following: ( a ) registration under this Act; ( b ) retention of registration; ( c ) the issue of a certificate of registration to a registrant; ( d ) the removal of a name from a register under section 39 (1) ; ( e ) the restoration of a name to a register under section 39 (2) , 40(2) or 73 ; F20 [ ( ea ) subject to subsection (1A) , the consideration by a registration board of an application under section 48 by an institution for approval of an education and training programme; ( eb ) subject to subsection (1A) , the annual retention of an approval under section 48 by a registration board of an institution ’ s education and training programme; ] ( f ) any other service that the Council or a registration board may provide. F20 [ (1A) The Council shall not exercise its power under subsection (1)(ea) or (eb) except with the consent of the Minister. ] (2) The Council may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom the fee is payable, any amount due and owing to the Council in respect of a fee charged under this section. 19. —(1) For the purpose of providing for current or capital expenditure, the Council may borrow money subject to any conditions that may be imposed by, or in accordance with any directions that may be given by, the Minister. (2) Any money borrowed pursuant to this section and any interest accruing on it may be secured on the Council's revenue, funds or property. 20. —The Council may accept gifts of land, money or other property on the trusts and conditions, if any, that may be specified by the donor, provided those trusts and conditions are consistent with the Council's object and functions. 21. —(1) The Council shall keep all proper and usual accounts of— ( a ) all income received by the Council (including the sources of such income), ( b ) all expenditure (including the subject matter of the expenditure) incurred by— (i) the Council, (ii) a committee of the Council, (iii) each registration board, and (iv) a committee of a registration board, and ( c ) the Council's assets and liabilities. (2) Not later than 3 months after the end of the financial year to which the accounts relate, the Council shall submit the accounts prepared under this section to the Comptroller and Auditor General for audit. (3) After the audit, the Council shall present to the Minister the audited accounts together with the Comptroller and Auditor General's report. (4) The Minister shall ensure that, as soon as possible after the audited accounts and the report are presented to the Minister, copies of them are laid before each House of the Oireachtas. (5) As soon as possible after the laying of copies before the Houses of the Oireachtas, the Council shall ensure that the audited accounts and the Comptroller and Auditor General's report are printed, published and put on sale. 22. —(1) The Council may, subject to subsections (3) to (5) , make rules providing for— ( a ) the establishment, membership, functions and procedures of committees of the Council or a registration board, ( b ) the form and manner in which registration boards are to maintain registers, ( c ) the details relating to registrants that, in addition to their names, are to be entered in registers, ( d ) the division of registers into specified divisions for different categories of registrants, ( e ) the manner in which fees are to be paid and the time limits for payment of annual fees for retention of registration, ( f ) the receiving and recording of evidence by committees established under Part 6 , ( g ) the receiving of submissions by committees established under Part 6 , and ( h ) any other matter relating to the Council's functions under this Act. (2) Rules under subsection (1)(f) and (g) may, among other things, specify— ( a ) the form in which and the means by which evidence or submissions may be received by committees established under Part 6 , and ( b ) the conditions subject to which evidence or submissions may be received by those committees by means of a live-video link, a video recording, a sound recording or any other mode of transmission. (3) The Council shall ensure that— ( a ) a draft of any rule that it proposes to make is published in such manner as the Council may determine, and ( b ) with the draft is published an invitation to members of the public, any organisation and any other body to comment on the draft before a date specified by the Council in the invitation. (4) After considering any comments received before the date specified in the invitation, the Council may— ( a ) make the rule in the form of the draft as published or with such changes as the Council may determine, or ( b ) decide not to make the rule. (5) Subsections (3) and (4) apply also in relation to a proposed amendment or revocation of a rule. (6) The Council shall ensure that as soon as practicable after a rule is made it— ( a ) is published in such manner as the Council may determine, and ( b ) is submitted to the Minister for laying before each House of the Oireachtas. (7) Instead of exercising the power to make rules providing for the establishment, membership, functions and procedures of committees of a registration board, the Council may, by rule and subject to any limits or conditions it considers appropriate, authorise the board to make bye-laws providing for any or all of those matters. (8) Subsections (4) to (6) of section 95 apply with the necessary modifications to rules submitted to the Minister in accordance with this section as if they were regulations made by the Minister. 23. —(1) The Council may establish committees of the Council to perform any of its functions or exercise any of its powers under this Part F21 [ , section 42B or 43 ] or Part 5 that, in its opinion, may be better or more conveniently performed or exercised by a committee and that are assigned by the Council to a committee. (2) A committee established under this section is to consist of the chairperson of the committee and such other persons, whether members of the Council or not, as the Council may appoint. (3) In making appointments under subsection (2) to a committee, the Council shall have regard to the necessity of including as members of the committee an appropriate number of persons representative of the interest of the general public. (4) A person is eligible to be appointed as chairperson of a committee established under this section only if he or she is a member of the Council. (5) The acts of a committee established under this section are subject to confirmation by the Council, unless the Council dispenses with the necessity for confirmation. (6) The Council may regulate the procedure of a committee established under this section but, subject to any such regulation, a committee may regulate its own procedure. (7) The Council may at any time dissolve a committee established under this section. 24. —(1) If the Council does not perform a function assigned to it under this Act, the Minister may, by order, direct the Council— ( a ) to perform that function, and ( b ) for that purpose, to do any other thing that is ancillary or incidental to the function. (2) If the Council does not comply with a provision of an order under subsection (1) , the Minister may, by order, remove from office any or all of its members. (3) An order under subsection (2) may contain any provisions that the Minister considers necessary to enable the Council's functions to be performed despite the removal from office of any or all of its members and may, in particular, provide for the appointment of one or more than one person to perform any or all of the Council's functions. F22 [ (4) The removal of the members of the Council from office does not revoke or otherwise affect any delegation of the Council ’ s functions under section 11 . ] 25. —(1) Not later than 3 months after the end of each financial year, the Council shall submit to the Minister a report of the activities of the Council and of each registration board in the immediately preceding financial year. (2) The Minister shall ensure that a copy of the report is laid before each House of the Oireachtas as soon as practicable after the submission of the report. PART 3 Registration Boards 26. —(1) The following bodies are established, on their respective establishment days, to perform the functions and exercise the powers assigned under this Act to the registration board of a designated profession: ( a ) Clinical Biochemists Registration Board; ( b ) Dietitians Registration Board; ( c ) Medical Scientists Registration Board; ( d ) Occupational Therapists Registration Board; F23 [ ( da ) the Optical Registration Board; ] ( e ) Orthoptists Registration Board; ( f ) Physiotherapists Registration Board; ( g ) Podiatrists Registration Board; ( h ) Psychologists Registration Board; ( i ) Radiographers Registration Board; ( j ) Social Care Workers Registration Board; ( k ) Social Workers Registration Board; ( l ) Speech and Language Therapists Registration Board. F23 [ (1A) The Optical Registration Board is the registration board of both the designated profession of optometrist and the designated profession of dispensing optician. ] (2) Each registration board (whether established by this section or by regulation under section 4 ) is a body corporate with perpetual succession and a seal and may sue or be sued in its corporate name. (3) The Minister may, by order, appoint a day to be the establishment day of a registration board (whether established by this section or by regulation under section 4 ) and may appoint different days for different registration boards. (4) Subject to this Act, each registration board may regulate its own procedure, but only to the extent that the Council decides not to do so. (5) Schedule 2 applies to each registration board. 27. —(1) The object of the registration board of a designated profession is to protect the public by fostering high standards of professional conduct and professional education, training and competence among registrants of that profession. (2) A registration board shall do all things necessary and reasonable to further its object and shall exercise its powers and perform its functions in the public interest. (3) Without limiting its responsibilities under subsection (2) , the functions of the registration board of a designated profession are to— ( a ) establish and maintain a register of members of the designated profession F25 [ (which, in the case of a registration board which is the registration board of 2 or more designated professions, means a register for each of those professions) ] , ( b ) issue certificates of registration under section 41 , ( c ) give guidance to registrants concerning ethical conduct and give guidance and support to them concerning the practice of the designated profession and continuing professional development, ( d ) monitor, in accordance with section 49 , the continuing suitability of programmes approved by the board for the education and training of applicants for registration, and ( e ) F26 [ … ] (4) The registration board of a designated profession has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions under this Act and it may, with the Council's approval— ( a ) engage in research into education and training relating to the practice of the designated profession, including the formulation of experimental curricula and the evaluation of existing programmes and examination and assessment procedures, and ( b ) maintain statistical records and make those records available for research and planning. F27 [ (5) Without prejudice to the generality of section 11 , the registrar of a registration board shall perform any functions that may be delegated by the board. ] 27A. — (1) The registration board of a designated profession is designated, as of and from the day on which its register is established under section 36(1) , as the competent authority for the designated profession concerned under Directive 2005/36/EC. (2) The registration board of a designated profession shall, on and after the day on which its register is established under section 36(1) — ( a ) act as the competent authority for the purposes of all matters referred to in Directive 2005/36/EC which relate to the role of a competent authority for the purposes of the recognition of professional qualifications of persons engaged in the designated profession concerned, and ( b ) assess, for the purposes of section 38(2)( c ) , the professional qualifications of persons referred to in that section in accordance with the procedures (if any) contained in bye-laws (if any) made under section 31(1)( e ) . (3) A person who was, immediately before the day on which the register of a registration board of a designated profession is established under section 36(1) , the competent authority under Directive 2005/36/EC in relation to the designated profession concerned shall, notwithstanding subsections (1) and (2) but subject to subsection (4) , continue to be the competent authority in relation to every application under that Directive in relation to that designated profession if, on or before that day — ( a ) a decision has not been made on the application concerned, and ( b ) the application has not been withdrawn. (4) The person referred to in subsection (3) shall continue to be the competent authority in relation to each application referred to in that subsection until a final decision is made on any appeal of that decision, but nothing in this section shall be construed as requiring or permitting that person, where the decision concerned is to require the applicant concerned to undertake a compensation measure, to assess that applicant ’ s completion of that compensation measure. ] F29 [ (5) Subject to subsection (6) , a person who was, immediately before the day on which the register of a designated profession is established under section 36(1) , the competent authority under Directive 2005/36/EC in relation to the designated profession concerned shall, before the expiration of the number of days after that day that has been prescribed under section 95 for the purposes of this subsection, give the registration board of that profession all the records, being records of such kind and in such format that have been prescribed under section 95 for the purposes of this subsection, that are in the person ’ s power or control and that the person acquired in the person ’ s former capacity as such competent authority, that the board requires to perform its functions — ( a ) as the competent authority under that Directive for that profession, and ( b ) under this Act as the registration board of that profession. (6) If the person referred to in subsection (5) requires any records referred to in that subsection for the purposes of performing a function under subsection (3) or (4) , the reference in subsection (5) to "after the day" shall be construed to mean, in the case of those records, after that day on which those records are no longer required for those purposes. (7) Any right of access, under the Freedom of Information Acts 1997 and 2003, to records referred to in subsection (5) that existed immediately before the day on which those records were given to a registration board pursuant to that subsection is not affected by the giving of those records to that board. (8) For the purposes of section 18 of the Freedom of Information Act 1997 , any act done by the person referred to in subsection (5) before the day on which records referred to in that subsection were given to a registration board pursuant to that subsection is deemed to have been done by that board. ] 28. —(1) Subject to F30 [ subsections (4) to (6) F31 [ … ] and section 36B(1) , the registration board of a designated profession, other than a registration board which is the registration board of 2 or more designated professions, ] is to consist of the following members: ( a ) 6 persons appointed by the Minister on their election by the registrants of that profession, of whom— (i) 3 are to be registrants of the designated profession who are engaged in the practice of that profession, (ii) 2 are to be registrants of the designated profession who are engaged, as members of that profession, in the management of services provided by it, and (iii) one is to be a registrant of the designated profession who is engaged in the State in the education and training of persons with respect to the practice of the designated profession; ( b ) 7 persons appointed by the Minister, of whom— (i) one is to be representative of the management of the public health sector, the social care sector or both sectors, (ii) one is to be representative of the management of a voluntary or private sector organisation concerned with health or social care, (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 the designated profession and is nominated by the Minister for Education and Science, and (iv) 4 are to be representative of the interest of the general public and are appointed with the consent of the Minister for Enterprise, Trade and Employment. (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. (3) Before appointing a member under subsection (1)(b)(i) or (ii) or (4) , the Minister may consult with any organisations that he or she considers appropriate. (4) When the registration board of a designated profession is first constituted, F32 [ and until the end of the transitional period, within the meaning of section 90 , in relation to the profession concerned ] subsection (1)(a) does not apply and instead the Minister shall appoint 6 persons, of whom— ( a ) 3 are to be persons who are engaged in the practice of the designated profession, ( b ) 2 are to be persons who are engaged, as members of the designated profession, in the management of services provided by it, and ( 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 the designated profession. (5) If no person qualifies under subsection (1)(a)(ii) or (iii) for election or under subsection (1)(b)(iii) or (4)(b) or (c) for appointment to the registration board concerned— ( a ) subsection (1)(a)(ii) or (iii) or subsection (1)(b)(iii) or (4)(b) or (c) , as the case may be, does not apply in relation to the board, and ( b ) the references in subsections (1)(a) and (4) to 6 persons and in subsection (1)(b) to 7 persons are, in relation to the board, to be read as modified accordingly. (6) If, for any reason other than the operation of subsection (5) , fewer than 6 registrants of a designated profession are elected as members of its registration board under subsection (1)(a) , the Minister may appoint as members of the board sufficient registrants of that profession to compensate for the deficiency in the number of elected registrants. (7) Registrants appointed to a registration board under subsection (6) are, during their term of office, considered to be elected members of the board. F33 [ (8) F34 [ … ] ] 28A. — (1) Subject to subsections (4), (5), (6), F36 [ (7) and (10)(a) ] , a registration board that is the registration board of 2 or more designated professions is to consist of the following members: ( 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 — (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, (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 (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; ( b ) 7 persons appointed by the Minister, of whom — (i) one is to be representative of the management of the public health sector, the social care sector or both sectors, (ii) one is to be representative of the management of a voluntary or private sector organisation concerned with health or social care, (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 (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. (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. (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. (4) Subject to subsection (10)(b) , when the registration board of 2 or more designated professions is first constituted, F37 [ and until the end of the transitional period (if any) within the meaning of section 90 , in relation to each of the professions concerned ] subsection (1)(a) does not apply and instead the Minister shall appoint 6 persons, of whom — ( a ) 3 are to be persons engaged in the practice of any of those professions that are prescribed for the purposes of this paragraph, ( 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 ( 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. (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 F38 [ and until the end of the transitional period within the meaning of section 90 , in relation to the profession concerned ] , subsection (1)(a) does not apply and instead the Minister shall appoint 6 persons, of whom — ( a ) 3 are to be persons engaged in the practice of any of those professions that are prescribed for the purposes of this paragraph, ( 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 ( 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. (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 — (i) section 28(1)(a), (4), (5) (in so far as it relates to section 28(1)(a)(ii) or (iii) ) or (6) , or (ii) subsection (1)(a), (4), (5) (in so far as it relates to subsection (1)(a)(ii) or (iii) ) or (6) , shall cease to be members of the board from the date that that appointment takes effect. ( 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. (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 — ( 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 ( 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. (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. (9) Registrants appointed to a registration board under subsection (8) are, during their term of office, considered to be elected members of the board. (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. ( 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. (11) F39 [ … ] ] 29. —A member of a registration board or of any committee of a registration board shall be paid, out of funds at the Council's disposal, such allowances for travelling and subsistence expenses incurred in respect of the member's attendance at a meeting of the board or committee or otherwise in connection with the affairs of the board as the Minister, with the consent of the Minister for Finance, may determine. 30. —(1) The Chief executive officer of the Council is the registrar of each registration board. (2) The registrar is responsible for performing on behalf of each registration board its functions under Part 4 . (3) The Council may designate one or more than one member of its staff as deputy registrar. (4) Any function or power of the registrar that is performed or exercised by a deputy registrar is considered to have been performed or exercised by the registrar. (5) The Council shall provide such administrative support and secretarial assistance to each registration board and its committees as the Council considers necessary. 31. —(1) With the Council’s approval and in accordance with any guidelines issued under subsection (7) , the registration board of a designated profession may, subject to section 32 , make bye-laws relating to any or all of the following matters: ( a ) the conduct of elections for the appointment of members under section 28 F40 [ or 28A , as appropriate, ] to the board; ( b ) applications for registration in the register of that profession or for restoration to the register; ( c ) qualifications approved for the purposes of section 38 (2)(a) as attesting to the standard of proficiency required for registration; ( d ) requirements, for the purposes of section 38 (1)(d) , as to knowledge of the language necessary for practising that profession in the State; F41 [ ( e ) procedures for the assessment of professional qualifications, training, experience, aptitude tests or adaptation periods for the purposes of sections 38(2)( c ) , 91(1)( c )(i)(II) and 91(5)( c )(i)(II) ; ] ( f ) the conditions for registration in a division of the register of that profession, but only if division of the register is authorised by any rules or guidelines issued by the Council; F42 [ ( fa ) criteria or conditions, including criteria or conditions as to further education, training or experience, for persons who wish to — (i) commence the practice of that profession where the person concerned — (I) holds an approved qualification (within the meaning of section 38), or F43 [ (II) was awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that Institute, ] and he or she has not practised the profession, for a period specified in the bye-laws, since obtaining the approved qualification or Bachelor of Science and Diploma concerned, or (ii) resume the practice of that profession after not having practised the profession for a period specified in the bye-laws, including criteria or conditions relating to — (I) the education and training of those persons, (II) the manner of verifying that those persons possess the relevant competencies, or (III) any other matter where, in the opinion of the registration board concerned, the specification in bye-laws of criteria or conditions relating to that matter is necessary or desirable for the protection of the public; ] ( g ) criteria for restoration to the register of that profession F44 [ other than where paragraph (fa) applies ] ; ( h ) the education, training and continuing professional development of registrants of that profession; ( i ) the adoption and revision of a code of professional conduct and ethics; F44 [ ( ia ) the practice of the designated profession, and the period that the registration board considers to be sufficient in the public interest, and that is not less than 500 hours nor more than 4,000 hours, during which that practice is to be engaged in, for persons to be registered under section 91 ; ] F40 [ ( ib ) if the board is the Optical Registration Board, for the purposes of section 81C or 81D ; ] ( j ) any other matter specified by the Council in its guidelines. F45 [ (2) A code of professional conduct and ethics adopted by the registration board of a designated profession must specify — ( a ) the standards of conduct, performance and ethics expected of registrants of that profession, and ( b ) that registrants of that profession act within the limits of their knowledge, skills, competence and experience. ] (3) If authorised by the Council under section 22 (7) , a registration board may make bye-laws providing for the establishment, membership, functions and procedures of committees of the board. (4) Bye-laws under subsection (1) may establish categories of registrants and may be different for different categories of registrants. (5) Where a proposed bye-law u