Disciplinary procedures in the statutory professions / Simon Mills, Aideen Ryan, and Colm Scott-Byrne.

Format:

Book

Author/Creator:

Mills, Simon, 1637-1683, author.

Ryan, Aideen, author.

Scott-Byrne, Colm, author.

Language:

English

Subjects (All):

Employees--Dismissal of.

Employees.

Labor discipline.

Ireland.

Physical Description:

1 online resource (871 pages)

Edition:

1st ed.

Place of Publication:

London, England : Bloomsbury Professional, [2023]

System Details:

Mode of access: World Wide Web.

Summary:

Winner of the Irish Law Awards Book of the Year 2023 Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework.

Contents:

Intro

Foreword to the First Edition

Preface to the Second Edition

Contents

Table of Cases

Table of Legislation

PART I: PRINCIPLES AND PRACTICE

Chapter 1. Introduction, Context and Registration

Introduction

The regulation of professions

When is statutory regulation of a profession appropriate?

Statutory regulation - the common disciplinary framework

Registration of statutory professionals

Chapter 2. Jurisdiction and Complaints Generally

Jurisdiction

Complaints generally

Complaints and in camera proceedings

Complaints and currently applicable statutes and guidelines

Protected disclosures ('whistleblowing')

Misfeasance in public office

Chapter 3. Grounds for Complaints: Professional Misconduct

Ingredients of professional misconduct

The O'Laoire case

When is misconduct 'in a professional respect'?

Administrative or other duties

'Serious falling short' of the expected standard of professional performance

Misconduct by reference to legislation and codes of conduct

Relevance of outcome to a finding of misconduct

Conduct bringing a profession into disrepute

Legal practitioners' duty to the court

Chapter 4. Grounds for Complaints: Poor Professional Performance

Statutory definitions of PPP

What are the characteristics of PPP?

PPP applied: implications of Corbally

PPP in practice

Chapter 5. Health Cases and Other Grounds for Complaints

Medical disability: 'health cases'

Criminal conduct

Breach of rules or statutory requirements

Breaches of undertakings, consents and conditions

Chapter 6. Pre-hearing Process and Procedure

Initial steps

Investigation of the complaint

Decision on whether to hold an inquiry.

Does a prima facie decision limit the scope of the subsequent inquiry?

Stopping an inquiry once the decision has been taken to refer

'Application for an inquiry'

Interim suspensions

Framing allegations for an inquiry

Production of documents and attendance of witnesses

Delaying an inquiry to allow other proceedings to be completed

Mediation and other informal processes

Consent and undertakings

Change in applicable law during the course of a complaint and inquiry process

Chapter 7. The Hearing, Witnesses and Evidence

Role of the Registrar/CEO/regulator in presenting evidence

Role of the complainant

Must there be an oral hearing before an inquiry committee?

Right to legal aid and/or legal representation

Documents going before the inquiry committee

Composition of the inquiry committee

Adjournment applications

Issues of proof

Role of the legal assessor

Public versus private hearings

Evidential and related issues

Regulated Professions (Health and Social Care) Amendment Act 2020

Hearings relating to health issues

Costs following an inquiry

Other issues relating to hearings

Chapter 8. Fair Procedures and the Statutory Professional Disciplinary Process

Natural justice and preliminary matters

Audi alteram partem

Right to legal representation

Right to legal aid

Right to cross-examine witnesses

Nemo Iudex in causa sua

Double jeopardy, res judicata and estoppel

Chapter 9. Sanctions

Nature of the decision to impose sanctions

Sanctions hearings

The purpose and principles of disciplinary sanctions

Limits to leniency? Honesty and solicitors

The basis for sanctions

Indirect consequences of sanctions

The practicalities of imposing sanctions

Categories of outcome

Categories of sanction considered.

Suspension

Imposition of conditions

Fines and other related orders

Warning, censure and admonishment

Power to impose conditions and other sanctions without an adverse finding

Imposing sanctions in health cases

Mitigation of sanction

Publication of findings

Ancillary matters at the conclusion of a sanctions process

Notification of restrictions and prohibitions under EU law

Sanctions and retired practitioners

Chapter 10. Confirmation, Appeal and Review of Decisions

Distinction between the statutory role of the courts and judicial review

Jurisdiction of other courts on initial appeal

Statutory role of the High Court: confirmation

Statutory role of the High Court: appeals

Appeal or judicial review?

Judicial review

Review of decisions outside statutory frameworks

Other challenges to decisions

Appeal from a decision of the High Court

PART II: THE PROFESSIONS

Chapter 11. Disciplinary Aspects of the Medical Practitioners Act 2007

Structure of the Medical Council

Complaints

Investigation of complaints: PPC

Mediation of complaints

Where an inquiry is necessary

Interim suspension

Hearing

Role of the High Court

Removal of disciplinary sanctions

Chapter 12. Disciplinary Aspects of the Solicitors Acts 1954-2015

Structure of the Law Society

General role of the High Court

Disciplinary bodies under the Solicitors Acts 1954-2015

Suspension of practising certificates

Prohibition of contravention of SA 1954-2015

Publication of disciplinary sanctions

Independent Adjudicator

Chapter 13. Disciplinary Aspects of the Legal Services Regulation Act 2015

Structure of the LSRA

Context of disciplinary powers

Disciplinary provisions of the Legal Services Regulation Act 2015.

Disciplinary provisions of the Legal Services Regulation Act 2015

Investigation and hearing of complaints

Additional matters flowing from Part 9 of the 2015 Act

Chapter 14. Disciplinary Aspects of the Nurses and Midwives Act 2011

Structure of the Board

Registration under NMA 2011

Disciplinary provisions of NMA 2011

Composition of PPC and FTPC

Investigation of complaints

Investigatory role of the PPC

Withdrawal of complaints

Chapter 15. Disciplinary Aspects of the Dentists Act 1985

Structure of the Dental Council

Disciplinary provisions of the Dentists Act 1985

Role of the courts

Removal of disciplinary measures

Chapter 16. Disciplinary Aspects of the Pharmacy Act 2007

Structure of the Pharmaceutical Society

Disciplinary Provisions of the Pharmacy Act 2007

Chapter 17. Disciplinary Aspects of the Health and Social Care Professionals Act 2005

Structure of the Health and Social Care Professionals Council (CORU)

Disciplinary provisions of HSCPA 2005

Chapter 18. Disciplinary Aspects of the Veterinary Practice Act 2005

Structure of the Veterinary Council of Ireland

Composition of disciplinary committees

Complaints.

Powers of investigation

Following the High Court determination

Veterinary Nurses Board of Ireland

Chapter 19. Disciplinary Aspects of the Teaching Council Act 2001

Structure of the Teaching Council

Disciplinary provisions of TCA 2001

Application for an inquiry

Chapter 20. Disciplinary Aspects of the Building Control Act 2007: Architects, Quantity Surveyors and Building Surveyors

Structure of the Regulatory Bodies

Context of the disciplinary process

The hearing

Appeals

Restoration to the Register

Chapter 21. Disciplinary Aspects of the Pre-Hospital Emergency Care Council

Structure of the Council

A need for reform

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

9781526508546

1526508540

OCLC:

1371752944