An Chéad Lch. Lch. Roimhe Seo (ACHT NA bhFIACLÓIRÍ, 1928) Ar Aghaidh (DARA SCEIDEAL.)

25 1928

ACHT NA bhFIACLÓIRÍ, 1928

CEAD SCEIDEAL.

FIRST SCHEDULE.


Co-aontu idir an Bhreatain Mhoir, Saorstat Éireann agus Tuaisceart Éireann, maidir le claru agus rialu fiacloiri.


Agreement between Great Britain, the Irish Free State and Northern Ireland as to the registration and control of dentists.

1.—In this Agreement,

the expression “the Dentists Acts” means the Dentists Acts, 1878 and 1921, and any Acts amending the same;

the expression “the Dental Board” means the Dental Board established under the Dentists Acts;

the expression “the Medical Acts” means the Medical Act, 1858, and the Medical Act, 1886, and any Acts amending the same;

the expression “the General Medical Council” means the General Council established under the Medical Acts;

the expression “medical authorities” means the bodies and universities who choose members of the General Medical Council;

the expression “the Dentists Register” means the register established under the Dentists Acts;

the expression “the Irish Free State Dental Board” means any Board which may hereafter be established by Act of the Oireachtas of the Irish Free State for the purpose of registering and controlling dentists in the Irish Free State;

the expression “the Irish Free State Dentists Register” means any register of dentists which the Irish Free State Dental Board may by any such Act of the Oireachtas be required to keep;

the expression “the Irish Free State Medical Council” means any council which may hereafter be established by Act of the Oireachtas of the Irish Free State for the purpose of registering and controlling medical practitioners in the Irish Free State;

the word “formerly” shall be construed as referring to times previous to the establishment of the Irish Free State.

2.—(1) The appointment of a member of the Dental Board as constituted after the expiration of the term of office of the first members of that Board required to be made by the Lord Lieutenant of Ireland shall henceforth be made by the Governor of Northern Ireland.

(2) Subject to the provisions of sub-paragraph (1) of this paragraph, the appointment of the appointed members and the election of the elected members of the Dental Board as so constituted as aforesaid shall be made and had in like manner in all respects as the same were formerly required to be made and had respectively.

(3) Nothing in this Agreement shall affect the tenure of office of any member of the Dental Board who holds office at the date on which this Agreement takes effect.

3.—Subject to the provisions of this Agreement and notwithstanding anything contained in the Irish Free State Constitution Act, 1922, or the Irish Free State (Consequential Provisions) Act, 1922, or the Constitution of the Irish Free State (Saorstát Éireann) Act, 1922, passed by the Provisional Parliament of Ireland, or the Adaptation of Enactments Act, 1922, passed by the Oireachtas of the Irish Free State, or any Order made under any of those Acts the constitution of the Dental Board under the Dentists Act and the powers of holding examinations for the purpose of testing the fitness of persons to practise dentistry or dental surgery, and of granting certificates of such fitness for the purpose of registration in the Dentists Register formerly vested in the Dental Board or the medical authorities in Ireland shall be deemed not to have been affected by the establishment of the Irish Free State, and for the purpose of the preparation and keeping of the Dentists Register the Dental Board and the General Medical Council and their respective officers shall have and may exercise in relation to persons, medical authorities and matters in the Irish Free State all such powers, jurisdictions and authorities under the Dentists Acts as the said Board and the said Council had and might exercise under the Dentists Acts for that purpose in relation to persons, medical authorities, and matters respectively in Ireland.

4.—Any person who is or shall be registered in the Dentists Register shall be entitled on payment of such fees as may from time to time be prescribed in that behalf by or in pursuance of any Act of the Oireachtas of the Irish Free State, to be registered in the Irish Free State Dentists Register: Provided that

(a) the fees payable by such persons in respect of such registration shall at no time exceed the fees payable in respect of registration in the Irish Free State Dentists Register by any other person who may be or become entitled to be registered therein, and

(b) no person whose name has been erased from the Irish Free State Dentists Register on account of his having been convicted of a felony, misdemeanour, crime or offence or having been found guilty of infamous or disgraceful conduct in a professional respect shall be entitled to be subsequently registered in the said Register solely by reason of his being registered in the Dentists Register, and

(c) a person not previously registered in the Irish Free State Dentists Register shall not be entitled to be registered therein if his name has been erased from the Dentists Register on account of his having been convicted of a felony, misdemeanour, crime or offence or having been found guilty of infamous or disgraceful conduct in a professional respect.

5. In the event of any examinations of a new university at any time hereafter created in the Irish Free State becoming qualifying examinations in medicine, surgery and midwifery for the purposes of the Medical Acts that university shall have the same powers of holding examinations for the purposes of testing the fitness of persons to practise dentistry or dental surgery, and of granting certificates of such fitness for the purpose of registration in the Dentists Register as if it were a medical authority for the purposes of section 18 of the Dentists Act, 1878.

6. (1) With a view to preventing the holding of simultaneous inquiries—

(a) The Dental Board shall report to the Irish Free State Dental Board every case in which they propose, in connection with the exercise of their disciplinary powers, to hold an inquiry into the conduct in Great Britain or in Northern Ireland of any person registered in the Irish Free State Dentists Register, and the Irish Free State Dental Board shall report to the Dental Board every case in which they propose, in connection with the exercise of their disciplinary powers, to hold an enquiry into the conduct in the Irish Free State of any person registered in the Dentists Register;

(b) The Dental Board upon receipt by them of any such report as aforesaid from the Irish Free State Dental Board, shall have regard to the desirability of postponing inquiry by them into the matter to which such report relates until the inquiry to which such report relates by the Irish Free State Dental Board is completed;

(c) The Irish Free State Dental Board upon receipt by them of any such report as aforesaid from the Dental Board, shall have regard to the desirability of postponing inquiry by them into the matter to which such report relates until the inquiry to which such report relates by the Dental Board is completed.

(2) The Dental Board shall report to the Irish Free State Dental Board every case in which disciplinary action resulting in erasure from the Dentists Register is taken by them against a person registered in the Irish Free State Dentists Register, and the Irish Free State Dental Board shall report to the Dental Board every case in which disciplinary action resulting in erasure from the Irish Free State Dentists Register is taken by them against a person registered in the Dentists Register.

7.—His Majesty's Governments in Great Britain and the Irish Free State respectively shall as soon as possible introduce into their respective Parliaments such legislation as may be necessary to give statutory effect to this Agreement, and this Agreement shall not take effect until such legislation in both such Parliaments shall have been passed into law.

Signed on behalf of Great Britain—Balfour.

Signed on behalf of the Irish Free State—P. McGilligan.

Signed on behalf of Northern Ireland—R. Dawson Bates.