Disciplinary Procedures in the Statutory Professions

By: Simon Mills SC and Colm Scott-Byrne
ISBN: 9781526508522

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About Disciplinary Procedures in the Statutory Professions

Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework. This book allows a practitioner who is appearing before such a body to prepare their case by setting out what powers the body has, what evidence it can hear, the form the procedure will take, whether they can call witnesses, and what sanctions it can impose. This book was the first title... Read more

About Disciplinary Procedures in the Statutory Professions

Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework. This book allows a practitioner who is appearing before such a body to prepare their case by setting out what powers the body has, what evidence it can hear, the form the procedure will take, whether they can call witnesses, and what sanctions it can impose.

This book was the first title to consider the specific question of the regulation of statutory professions in Ireland including architects, surveyors, teachers, pharmacists, health and social care professionals and accountants.

Part I deals with general principles and practice, covering such areas as complaints, fair procedures and sanctions.
Part II examines each of the relevant professions in turn.

Covers the following developments, legislation and case law:

The difference of between poor conduct and poor performance;
Teaching Council (Amendment) Act 2015
Healthcare (Miscellaneous Provisions) Bill 2017
Corbally v Medical Council & Others
Lohan-Mannion case
TM v Medical Council

Table of Contents

Part I: Principles and Practice
1 Introduction, Context and Registration;
2 Grounds for Complaints;
3 Complaints and Jurisdiction;
4 Pre-hearing Process and Procedure;
5 The Hearing, Witnesses and Evidence;
6 Fair Procedures and the Statutory Professional Disciplinary Process;
7 Decision-Making in the Disciplinary Process;
8 Sanctions;
9 Confirmation, Appeal and Review of Decisions

Part II: The Professions
10 Disciplinary Aspects of the Medical Practitioners Act 2007;
11 Disciplinary Aspects of the Solicitors Acts 1954-2008;
12 Disciplinary Aspects of the Nurses and Midwives Bill 2010;
13 Disciplinary Aspects of the Dentists Act 1985;
14 Disciplinary Aspects of the Pharmacy Act 2007;
15 Disciplinary Aspects of the Health and Social Care Professionals Act 2005;
16 Disciplinary Aspects of the Veterinary Practice Act 2005;
17 Disciplinary Aspects of the Teaching Council Act 2001;
18 Disciplinary Aspects of the Building Control Act 2007: Architects, Quantity Surveyors and Building Surveyors;
19 Disciplinary Aspects of the Companies (Auditing and Accounting) Act 2003;

Publishing Details

Publication Date: 30 January 2020
ISBN: 9781526508522
Binding: Hardback
Edition: 2
BPro Ireland

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