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Number 25 of 2007
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary and General
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Section
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1. Short title and commencement.
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2. Interpretation.
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3. Repeals and revocations.
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PART 2
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Continuance in being of Council and object and functions of Council, etc.
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4. Continuance in being of Council.
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5. Seal of Council.
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6. Object of Council.
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7. Functions of Council.
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8. Conferral of additional functions on Council.
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9. Ministerial directions to Council.
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10. Immunity.
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11. Council’s power to make rules.
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12. Council’s power to issue guidelines.
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PART 3
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Statement of Strategy, Business Plan and Annual Report of Council
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13. Council to prepare and submit statement of strategy.
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14. Publication and implementation of statement of strategy.
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15. Council to prepare and forward business plan to Minister.
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16. Council to submit annual report to Minister.
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PART 4
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Members, Committees and Staff of Council
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17. Members of Council.
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18. Elections.
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19. First meeting of Council under this Act.
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20. Committees of Council.
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21. Expenses of members of Council and committees.
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22. Payment of allowances.
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23. Removal of members of Council from office.
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24. Chief executive officer.
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25. Staff of Council.
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26. Age limits.
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27. Superannuation.
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28. Membership of either House of Oireachtas by member of staff of Council.
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29. Membership of local authority or European Parliament by member of staff of Council.
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30. Disclosure of interests by members of Council or committee.
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31. Disclosure of interests by members of staff of Council.
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PART 5
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Accounts and Finances of Council
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32. Accounts of Council.
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33. Power of Council to borrow.
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34. Acceptance of gifts by Council.
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35. Expenses of Council and Minister.
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36. Fees that Council may charge.
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PART 6
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Registration of Medical Practitioners
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37. Unregistered medical practitioners shall not practise medicine.
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38. Circumstances in which unregistered medical practitioners may practise medicine.
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39. Designated titles.
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40. Use of designated titles.
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41. Offences and penalties.
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42. Recovery of fees, etc.
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43. Register.
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44. Transitional provisions applicable to register.
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45. Registration of medical practitioners — general.
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46. Medical practitioners to be registered in General Division.
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47. Medical practitioners to be registered in Specialist Division.
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48. Medical practitioners to be registered in Trainee Specialist Division.
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49. Internship registration in Trainee Specialist Division.
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50. Visiting EEA practitioners providing services on temporary and occasional basis.
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51. Registration of additional qualifications.
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52. Application to have registration removed, etc.
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53. Conditions attached to first registration.
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54. Refusal of registration, etc., and appeal to Court against Council’s decision.
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55. Correction of register.
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56. Publication of register.
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PART 7
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Complaints to Preliminary Proceedings Committee concerning registered medical practitioners
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57. Complaints concerning registered medical practitioners.
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58. Persons to assist Preliminary Proceedings Committee.
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59. Consideration of complaints by Preliminary Proceedings Committee.
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60. If immediate suspension of registration is necessary to protect public.
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61. No further action or referral of complaint to another body or authority or to professional competence scheme.
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62. Resolution of complaints by mediation or other informal means.
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63. Referral of complaint to Fitness to Practise Committee.
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PART 8
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Complaints referred to Fitness to Practise Committee
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64. Duty to notify registered medical practitioner and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.
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65. Conduct of hearing.
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66. Powers and protections relating to witnesses and evidence.
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67. If registered medical practitioner consents to censure or remedial action, etc.
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68. If complaint is withdrawn while it is being considered by Fitness to Practise Committee.
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69. Report to Council by Fitness to Practise Committee.
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70. Steps to be taken by Council after receiving report.
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PART 9
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Imposition of sanctions on registered medical practitioners following reports of Fitness to Practise Committee
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71. Duty of Council to decide on appropriate sanction.
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72. Provisions supplementary to section 71.
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73. Duty to notify registered medical practitioner of Council’s sanction.
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74. Confirmation by Court required before certain decisions become effective.
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75. Appeal to Court against Council’s decision under section 71.
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76. Application to Court for confirmation of Council’s decision.
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77. Evidence relating to appeal under section 75(1) or application under section 76(1) to Court.
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78. Duty to notify registered medical practitioner of compliance with decisions confirmed or given by Court.
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79. Removal of registration for failure to pay fee.
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80. Restoration, etc., of registration following payment of certain fees.
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81. Restoration of registration which has been cancelled.
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82. Removal of conditions attached to registration.
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83. Appeal to Court against Council’s decision under section 81 or 82.
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84. Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.
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85. Information Council may publish in public interest.
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PART 10
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Education and Training
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86. Duties of Health Service Executive in relation to medical and dental education and training.
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87. Functions of Council in relation to Directives of European Union relating to medical education and training.
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88. Duties of Council in relation to medical education and training.
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89. Training bodies and qualifications for the purposes of the Specialist and Trainee Specialist Divisions.
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90. Appeal to Court against Council’s decision under section 88 (2)(a)(i)(II) or (ii) or 89(3)(a)(ii) or (b).
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PART 11
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Maintenance of Professional Competence
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91. Duty of Council in relation to maintenance of professional competence of registered medical practitioners.
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92. Appeal to Court against Council’s decision under section 91(4)(a) or (b).
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93. Duty of Health Service Executive and other employers in relation to the maintenance of professional competence of registered medical practitioners.
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94. Duty of registered medical practitioners to maintain professional competence.
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95. Confidentiality.
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PART 12
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Dissolution of Postgraduate Medical and Dental Board
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96. Interpretation of Part 12.
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97. Transfer day and dissolution of Board.
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98. Minister may require information from Board.
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99. Transfer of staff.
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100. Transfer of property and liabilities to Health Service Executive.
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101. Preservation of certain contracts and adaptation of references.
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102. Pending legal proceedings.
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103. Preparation of accounts.
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PART 13
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Miscellaneous
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104. Privilege.
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105. Investigation.
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106. Council to be licensing authority, etc., under Anatomy Act 1832.
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107. Power to specify forms.
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108. Construction of references to registered medical practitioner and Medical Council, etc.
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109. Persons entitled to sign medical certificates.
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SCHEDULE 1
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Repeals and Revocations
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PART 1
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Acts Repealed
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PART 2
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Statutory Instruments Revoked
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SCHEDULE 2
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Council: Membership and Meetings
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Acts Referred to
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Anatomy Act 1832
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2 & 3 Will. IV c. 75
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Carer’s Leave Act 2001
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2001, No. 19
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Companies Act 1990
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1990, No. 27
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Dentists Act 1985
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1985, No. 9
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Ethics in Public Office Act 1995
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1995, No. 22
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European Communities Act 1972
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1972, No. 27
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European Parliament Elections Act 1997
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1997, No. 2
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Freedom of Information Acts 1997 and 2003
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Health Acts 1947 to 2007
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Health Act 2004
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2004, No. 42
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Health Act 2007
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2007, No. 23
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Health and Social Care Professionals Act 2005
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2005, No. 27
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Higher Education Authority Act 1971
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1971, No. 22
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Local Government (Superannuation) Act 1980
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1980, No. 8
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Local Government Act 2001
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2001, No. 37
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Medical Practitioners (Amendment) Act 1993
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1993, No. 17
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Medical Practitioners (Amendment) Act 2000
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2000, No. 24
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Medical Practitioners (Amendment) Act 2002
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2002, No. 17
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Medical Practitioners Act 1927
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1927, No. 25
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Medical Practitioners Act 1978
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1978, No. 4
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Medical Practitioners Acts 1978 to 2002
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Minimum Notice and Terms of Employment Acts 1973 to 2005
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Nurses Act 1985
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1985, No. 18
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Organisation of Working Time Act 1997
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1997, No. 20
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Parental Leave Acts 1998 and 2006
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Pharmacy Acts 1875 to 1977
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Protection of Employees (Part-Time Work) Act 2001
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2001, No. 45
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Public Service Superannuation (Miscellaneous Provisions) Act 2004
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2004, No. 7
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Redundancy Payments Acts 1967 to 2003
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Standards in Public Office Act 2001
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2001, No. 31
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Unfair Dismissals Acts 1977 to 2005
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Number 25 of 2007
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|
| | MEDICAL PRACTITIONERS ACT 2007
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