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Vol 25 No 1 Jan/Feb 2020

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Disciplinary Procedures in the Statutory Professions 2nd ed

ISBN13: 9781526508522
Previous Edition ISBN: 9781847666697
To be Published: July 2020
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Hardback
Price: £182.00

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 properly 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, what sanctions it can impose, etc.

This book was the first title to consider the specific question of the regulation of statutory professions in Ireland. It is written by barristers experienced in the field of professional regulatory law and it deals with both the principles and practice of statutory professional conduct proceedings.

The book considers those professions that are under statutory regulation, including architects, surveyors, teachers, pharmacists, health and social care professionals and accountants.

Part I of the book 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.

This new edition has been substantially updated since the first edition. Examples of such changes include:

  • restructuring of the content to focus on the difference of between poor conduct and poor performance
  • analysis of the Teaching Council (Amendment) Act 2015, which deals with vetting procedures for teachers
  • analysis of the Healthcare (Miscellaneous Provisions) Bill 2017
  • deletion of the Opticians chapter following the repeal of the Opticians Act
Furthermore, the following cases will be examined:

  • Corbally v Medical Council & Others (poor professional performance)
  • Lohan-Mannion case (degree to which Medical Council sanctions must be accepted)
  • TM v Medical Council (privacy)

Irish Law
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