On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 15/09/2012.
59A.
—(1) The Medical Council may, from time to time, appoint one or more committees each comprising 3 of its members, to be known for the purposes of this Act as Interim Orders Committees, to inquire into any matter referred by the Medical Council under subsection (3).
(2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time.
(3) The chairman of the Complaints Panel, or a Complaints Committee, Disciplinary Tribunal or Health Committee may refer any complaint or information to the Medical Council for the purpose of determining if an order should be made under section 59B(1), and the Medical Council shall refer the complaint or information to an Interim Orders Committee for this purpose.
(4) Neither the chairman of the Complaints Panel nor a member of a Complaints Committee, Disciplinary Tribunal or Health Committee inquiring into any matter shall be a member of an Interim Orders Committee inquiring into or reviewing the same matter.
(5) A member of an Interim Orders Committee inquiring into or reviewing any matter shall not be a member of a Complaints Committee or Disciplinary Tribunal inquiring into the same matter, or take part in any deliberation of the Medical Council under section 58 in respect of the same matter.
(6) All members of an Interim Orders Committee shall vote on any question arising at a meeting of the Interim Orders Committee and such question shall be determined by a majority of votes.
(7) A member of an Interim Orders Committee which has commenced any inquiry or review of any case or matter shall, notwithstanding that he has ceased to be a member of the Medical Council, continue to be a member of the Interim Orders Committee until completion of that inquiry or review.
59B.
—(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered medical practitioner concerned, that his registration be suspended or be made subject to conditions or restrictions, the Interim Orders Committee may make an order —
(a)
that his registration in the appropriate register be suspended for such period not exceeding 18 months as may be specified in the order (referred to in this Part as an interim suspension order); or
(b)
that his registration be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such conditions or restrictions so specified as the Interim Orders Committee thinks fit to impose (referred to in this Part as an interim restriction order).
(2) The Registrar shall immediately serve a notification of the order made under subsection (1) on the registered medical practitioner, and such order shall take effect from the date the order is made.
59C.
—(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 59B(1), the Interim Orders Committee or another Interim Orders Committee appointed in its place —
(a)
shall review it within the period of 6 months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and
(b)
may review it where new evidence relevant to the order has become available after the making of the order.
(2) Where the High Court has extended the order under section 59F(2) or an Interim Orders Committee has made a replacement order under section 59D(1)(c) or (d), the first review after such extension or making of the replacement order shall take place —
(a)
if the order (or the order which has been replaced) had not been reviewed under subsection (1), within the period of 6 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made, as the case may be; or
(b)
if it had been reviewed under subsection (1), within the period of 3 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made.
59D.
—(1) Where an interim suspension order or an interim restriction order has been made under this section or section 59B(1) in relation to any person, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review referred to in section 59C or upon the recommendation of a Complaints Committee, Disciplinary Tribunal or Health Committee —
(a)
revoke the order or revoke any condition or restriction imposed by the order;
(b)
make an order varying any condition or restriction imposed by the order;
(c)
if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered medical practitioner concerned, or that the registered medical practitioner has not complied with any requirement imposed as a condition or restriction of his registration in the interim restriction order, replace that order with an interim suspension order having effect for the remainder of the period of the former; or
(d)
if satisfied that the public interest or the interests of the registered medical practitioner concerned would be more adequately served by an interim restriction order, replace the interim suspension order with an interim restriction order having effect for the remainder of the period of the former.
(2) The Registrar shall immediately serve a notification of the decision under subsection (1) on the registered medical practitioner, and such order shall take effect from the date the order is made.
59E.
—(1) No order under section 59B(1) or 59D(1)(b), (c) or (d) shall be made by an Interim Orders Committee in respect of any registered medical practitioner unless he has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his case.
(2) For the purposes of subsection (1), the registered medical practitioner may be represented before the Interim Orders Committee by counsel.
(3) Regulations made for the purposes of an Interim Orders Committee may include provisions securing that the registered medical practitioner in respect of whom an interim suspension order or an interim restriction order has been made shall, if he so requires, be entitled to be heard by the Interim Orders Committee on each occasion when it reviews the order, and be represented by counsel during such review.
59F.
—(1) The Medical Council may apply to the High Court for an extension of the period for which an order made under section 59B(1) or 59D(1)(c) or (d) has effect, and may apply again for further extensions.
(2) On such an application, the High Court may extend (or further extend) for up to 12 months the period for which the order has effect.
(3) The High Court may, on application by the registered medical practitioner concerned —
(a)
in the case of an interim suspension order, revoke the order;
(b)
in the case of an interim restriction order, revoke the order or vary any condition or restriction imposed by the order; or
(c)
in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it).
59G.
—(1) An interim suspension order or an interim restriction order shall be in force until —
(a)
the end of the period specified —
(i)
in the order; or
(ii)
if the period is extended under section 59F(2), in the order extending it; or
(b)
the date on which the relevant proceedings are concluded,
whichever is the earlier.
(2) For the purposes of subsection (1)(b), the relevant proceedings are concluded if —
(a)
the Complaints Committee inquiring into the complaint or information has made an order under section 49(1) and —
(i)
no appeal to the Minister under section 49(10) or (11) was made against that decision within the period specified in that section or such an appeal was withdrawn; or
(ii)
the Minister made an order under section 49(13)( a) or (d);
(b)
the Disciplinary Tribunal inquiring into the complaint or information has made an order under section 53(2) which has taken effect, or has dismissed the complaint or matter under section 53(4); or
(c)
the Health Committee inquiring into the matter has made an order under section 58(1) which has taken effect, the Medical Council has made an order under section 58(2) which has taken effect, or the Health Committee has dismissed the complaint or matter,
as the case may be.
59H.
—(1) While a person’s registration in the register is suspended by virtue of an interim suspension order, he shall not be regarded as being registered notwithstanding that his name still appears in the register.
(2) Immediately upon the expiry or revocation of the interim suspension order, the person’s rights and privileges as a registered medical practitioner shall be revived from the date of such expiry or revocation, provided that he has complied with all the terms of the order.
(3) For the avoidance of doubt, sections 39 to 54, 57 and 58 shall continue to apply to a person whose registration in the register is suspended by virtue of an interim suspension order.