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Disciplinary Procedures in the Statutory Professions

Authors: Simon Mills, Aideen Ryan, and Colm Scott-Byrne

ISBN: 9781526508553

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Edition: Second

Publication Date: 2023

Publisher: Bloomsbury Professional

Law As Stated At: December 2022

Disciplinary Procedures in the Statutory Professions

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 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)