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Codes of practice (anatomical examination)
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81. (1) Subject to subsection (2), the Medical Council—
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(a) may, and, at the request of the Minister, shall prepare and publish a code of practice for the purpose of setting standards relating to the undertaking of anatomical examinations and any code of practice shall specify the period for which records shall be retained, which period shall not be less than 5 years, and
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(b) may, if it thinks appropriate to do so, approve any other code of practice relating to the undertaking of anatomical examinations.
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(2) Before publishing or approving of a code of practice under subsection (1), the Medical Council—
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(a) shall publish in such manner as the Council considers appropriate a draft of the code and shall allow persons 30 days from the date of publication of the draft code within which to make representations in writing to the Medical Council in relation to the draft code or such further period, not exceeding 30 days, as the Medical Council in its absolute discretion thinks fit, and
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(b) following consultation and, where relevant, having considered the representations (if any) made, shall submit the draft code to the Minister for his or her consent to its publication or approval.
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(3) The Minister may—
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(a) consent to the publication or approval of, as the case may be, a code of practice under this section with or without modification, or
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(b) refuse to consent to publication or approval of such a code of practice.
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(4) Where the Medical Council publishes or approves of a code of practice under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil—
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(a) identifying or specifying the code, and
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(b) specifying the date from which the code shall have effect.
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(5) The Medical Council may, with the consent of the Minister but subject to subsection (6)—
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(a) amend or revoke a code of practice published under this section, or
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(b) withdraw its approval of any code of practice approved of under this section.
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(6) Subsection (2) shall, with all necessary modifications, apply to a code of practice that the Medical Council proposes to amend or revoke, or withdraw its approval of, under subsection (5) as subsection (2) applies to a code of practice that the Medical Council proposes to publish or approve of under this section.
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(7) Where the Medical Council amends or revokes, or withdraws its approval of, a code of practice published or approved of under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil—
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(a) identifying or specifying the code to which the amendment, revocation, or withdrawal, as the case may be, relates and, if applicable, particulars of the amendment, and
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(b) specifying the date from which the amendment, revocation, or withdrawal, as the case may be, shall have effect.
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(8) The Medical Council shall cause to be published in such form as it considers appropriate a copy of each code of practice published or approved of under this section, as the code is in force from time to time, on and from the date on which the code has effect.
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(9) A document bearing the seal of the Medical Council and purporting to be a code of practice published or approved under this section or, where such a code has been amended under subsection (7), the code as so amended shall be admissible in evidence in any proceedings under this Act or before a court or tribunal.
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(10) In this section, “code of practice” includes part of a code of practice.
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