Nurses and Midwives Act 2011

(a) a nurse candidate division, which shall include the names and details of candidates who are pursuing the requirements and standards for first time registration in the nurses division of the register of nurses and midwives and such other identifying particulars of those candidates as the Board considers appropriate, and

(b) a midwife candidate division, which shall include the names and details of candidates who are pursuing the requirements and standards for first time registration in the midwives division of the register of nurses and midwives and such other identifying particulars of those candidates as the Board considers appropriate.

(4) The register of nurses and midwives and the candidate register may be established and maintained in paper or electronic form.

(5) A certificate purporting to be signed by the chief executive officer, or another employee of the Board authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

(a) a person named in the certificate was or was not a person registered in the register of nurses and midwives or a particular division or divisions of that register, or in the candidate register or a particular division of that register, or

(b) the registration of a person named in the certificate—

(i) was suspended, or

(ii) was subject to the relevant conditions specified in the certificate,

shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another employee of the Board so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(6) A person whose name is entered in the register of nurses and midwives or the candidate register—

(a) shall furnish the Board with particulars of his or her employer and the position held in such form and at such intervals as may be specified by the Board, and

(b) shall declare, in such manner and at such intervals as may be specified by the Board, whether he or she has met the requirements specified by the Board within the immediately preceding specified period.

(7) The Board shall, as soon as is practicable after a nurse, midwife or candidate has been registered and the appropriate fees paid, give the nurse, midwife or candidate a certificate stating—

(a) the name of the nurse, midwife or candidate,

(b) the registration number attached to the registration of the nurse, midwife or candidate,

(c) the division or divisions of the register of nurses and midwives or the candidate register in which the name has been included, and

(d) such other identifying particulars of the nurse, midwife or candidate as the Board considers appropriate.

(8) Where relevant conditions have been attached to the registration of a nurse or midwife, the Board shall enter in the register of nurses and midwives—

(a) a statement that the registration is subject to conditions, and

(b) particulars of the conditions.

(9) The Board may maintain statistical records and make those records available for research and planning, including workforce planning, in accordance with criteria set down by the Board.

47.. Transitional provisions applicable to registers.

47.— (1) The Minister shall specify a date to be the date on which the register of nurses and midwives and the candidate register are to be established (the “registers establishment day”) and shall publish a notice to that effect in Iris Oifigiúil.

(2) Subject to subsection (3), a nurse or midwife whose name is, immediately before the registers establishment day, entered in the register of nurses shall, on that day, be deemed to be registered in the register of nurses and midwives and any conditions that were, immediately before that day, attached to the registration of any nurse or midwife (other than any condition that the Board considers to be redundant in view of the division or divisions in which the nurse or midwife is deemed to be registered) shall also be deemed to be attached to the registration in the register of nurses and midwives on that day.

(3) Where, immediately before the registers establishment day, the registration of a nurse or midwife entered in the register of nurses was of no effect for a specified period which is to expire after the registers establishment day, the name of the nurse or midwife shall not be deemed to be registered until the expiration of that period.

48.. Registration — general.

48.— (1) A nurse or midwife may make an application to the Board, accompanied by the appropriate fee or fees, to be registered in one or more divisions of the register of nurses and midwives.

(2) Subject to F22[sections 49,51,52,52Aand53], the Board shall, in accordance with the rules, determine an application under subsection (1) by registering, if satisfied that the person meets the relevant criteria, the nurse or midwife in the division or divisions of the register of nurses and midwives which is considered by the Board to be appropriate.

(3) The Board may annotate a person’s registration if the person applies, pays the appropriate fee and satisfies the conditions for annotation of registration prescribed by the rules.

49.. Registration in candidate register.

49.— (1) The Board shall, in accordance with the rules, register in the appropriate division of the candidate register the name and details of each candidate who makes an application and who is pursuing the requirements for first time registration in the register of nurses and midwives.

(2) The Board shall remove the name of a person from the candidate register if the person is awarded a qualification leading to registration in the register of nurses and midwives, if the Board is satisfied that the person has ceased to be qualified under subsection (1) to have his or her name in the candidate register or the relevant division of it or if the person requests in writing that the Board remove the person’s name from the candidate register or a division of the candidate register.

50.. Application to have registration removed, etc.

50.— (1) A registered nurse or registered midwife may make an application to the Board to have his or her registration removed from the register of nurses and midwives or a division of the register of nurses and midwives.

(2) Subject to subsection (3), the Board shall determine an application under subsection (1) from a registered nurse or registered midwife by removing the nurse’s or midwife’s registration from the register of nurses and midwives or division, as the case may be.

(3) Where the Board receives an application under subsection (1) from a registered nurse or registered midwife and—

(a) the nurse or midwife is the subject of—

(i) an application for an inquiry under Part V of the Act of 1985 which has not been considered or completed, or

(ii) a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if applicable, Parts 8 and 9,

or

(b) the nurse or midwife has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

F23[the Board may consider such an application if the Board is satisfied that the removal of the nurse’s or midwife’s registration would not be contrary to the public interest],

(4) A nurse or midwife whose registration has been removed pursuant to subsection (2) may make an application in accordance with the rules, accompanied by the appropriate fee, to the Board to have the nurse’s or midwife’s registration restored F24[, otherwise than where the removal of the registration was effected (whether in whole or in part) on the ground that the removal would not be contrary to the public interest as referred to insubsection (3),] to the register of nurses and midwives or the division of that register concerned.

(5) The Board shall determine an application under subsection (4) from a nurse or midwife by restoring the registration to the register of nurses and midwives or the division of that register and may impose conditions in accordance with the rules.

(6) Subsections (3) to (5) of section 52 apply, with the necessary modifications, to a determination under subsection (2) or (5) of this section.

(7) Where the Board is satisfied by medical evidence that a registered nurse or registered midwife is suffering from an illness or condition of a permanent or terminal nature which, due to the nature of the condition, renders it impossible for the nurse or midwife—

(a) to practise nursing or midwifery in a safe and competent manner, and

(b) to notify the Board of the nurse’s or midwife’s illness or condition, as the case may be,

then the Board may remove the nurse’s or midwife’s registration.

51.. Conditions attached to registration.

F25[51.(1) A person (other than a candidate) making an application for registration shall declare in the application—

(a) whether the person has any relevant medical disability, and

(b) whether any material matter has occurred in relation to the person.

(2) Where the Board is satisfied that—

(a) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

(b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of nursing or midwifery by the person which take account of that disability or matter,

the Board shall specify the proposed conditions which, in the opinion of the Board, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

(3) Where the person the subject of a decision undersubsection (2)agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Board shall, if the person is registered, at the same time as such registration comply withsection 46(8)in respect of the conditions.

(4) Where the person the subject of a decision undersubsection (2)does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Board may refuse to register that person.

(5) A registered nurse or registered midwife who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Board when the medical disability becomes a relevant medical disability not later than—

(a) 30 days after the medical disability becomes a relevant medical disability, or

(b) where the relevant medical disability renders it impracticable for the nurse or midwife to notify the Board within those 30 days, as soon as is practicable in the circumstances.

(6) Where the Board is satisfied, after receiving a notification undersubsection (5), that, in the interest of public safety, the registration of the nurse or midwife should become subject to conditions on the practising of nursing or midwifery which take account of that relevant medical disability, the Board shall decide that conditions should be attached to the registration of the nurse or midwife in those interests, specify the proposed conditions and propose that the nurse or midwife accept that those conditions be attached to his or her registration.

(7) Where the nurse or midwife the subject of a decision undersubsection (6)agrees in writing to the attachment of the proposed conditions referred to in that subsection to the nurse’s or midwife’s registration, the Board shall attach those conditions to the registration of the nurse or midwife and, at the same time, comply withsection 46(8)in respect of the conditions.

(8) Where the nurse or midwife the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Board may, notwithstanding that refusal, attach those conditions to the registration of the nurse or midwife and, at the same time, comply withsection 46(8)in respect of the conditions.]

51A.. F26[Board may refuse to register on ground that nurse, etc., is not fit and proper person to practise nursing, etc.

51A.Nothing insections 48to51shall operate to prevent the Board from refusing to register or restore the registration of a nurse, midwife or candidate on the ground that he or she is not a fit and proper person to practise nursing or midwifery in the State (including where the Board is of the view that such nurse, midwife or candidate is not so fit and proper based on a relevant finding of a disciplinary body, court or tribunal, whether in the State or in another jurisdiction).]

52.. Refusal of registration, etc., and appeal to Court against Board’s decision.

F27[52.(1) In this section, "relevant decision" means a decision of the Board to—

(a) refuse to recognise a qualification held by a nurse or midwife as a qualification he or she is entitled to have registered under this Act,

(b) register a nurse or midwife in a division of the register of nurses and midwives other than the division specified in the application undersection 48for registration,

(c) attach conditions to the registration of a nurse or midwife pursuant tosection 51, or

(d) refuse to register or restore the registration of a nurse or midwife pursuant tosection 51A.

(2) Where the Board makes a relevant decision, the Board shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to that subsection, appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal undersubsection (3)by a person—

(a) either—

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and substitute such other decision as the Court considers appropriate, which may be a decision to—

(I) recognise a qualification held by the person as a qualification he or she is entitled to have registered under this Act,

(II) register or restore the registration of the person in such division of the register of nurses and midwives as the Court considers appropriate and with no conditions attached to the registration,

(III) register or restore the registration of the person—

(A) in such division of the register of nurses and midwives as the Court considers appropriate, and

(B) with such conditions attached to the registration as the Court considers appropriate,

(IV) remove some or all, or replace some or all, of the conditions attached to the registration of the person, or

(V) require the Board to reconsider the decision in accordance with such directions as are given to the Board for the purposes of that reconsideration,

and

(b) give the Board such directions or, in the case ofparagraph (a)(ii)(V), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Board shall, on complying with a direction given by the Court undersubsection (4), give notice in writing to the nurse or midwife concerned of the Board’s compliance with the direction.]

52A.. F28[Appeal to Court against certain decisions of Board - candidates

52A.(1) In this section, "relevant decision" means a decision of the Board to refuse to register or restore the registration of a candidate pursuant tosection 51A.

(2) Where the Board makes a relevant decision, the Board shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to that subsection, appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal undersubsection (3)by a person—

(a) either—

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and substitute such other decision as the Court considers appropriate, which may be a decision to—

(I) register or restore the registration of the person in such division of the candidate register as the Court considers appropriate and with no conditions attached to the registration,

(II) register or restore the registration of the person—

(A) in such division of the candidate register as the Court considers appropriate, and

(B) with such conditions attached to the registration as the Court considers appropriate,

or

(III) require the Board to reconsider the decision in accordance with such directions as are given to the Board by the Court for the purposes of that reconsideration,

and

(b) give the Board such directions or, in the case ofparagraph (a)(ii)(III), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Board shall, on complying with a direction given by the Court undersubsection (4), give notice in writing to the candidate concerned of the Board’s compliance with the direction.]

52B.. F29[Declarations by registered nurses, etc., in relation to certain matters in State or other jurisdictions, etc.

52B.—(1) Subject tosubsections (2)to(4), a registered nurse or registered midwife shall, in each year, give to the Board a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.

(2) If, in any year,subsection (1)does not apply to a registered nurse or registered midwife because there are no particulars referred to in that subsection which he or she is required to give to the Board, the nurse or midwife shall give to the Board a declaration in writing to that effect.

(3) If, in any year subsequent to a year in which a registered nurse or registered midwife gave particulars referred to insubsection (1)to the Board, there has been no material change in the matter to which the particulars relate, the nurse or midwife may, instead of again giving those particulars to the Board, give to the Board a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.

(4) A registered nurse or registered midwife shall, in each year, comply withsubsection (1),(2)or(3)—

(a) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee determined undersection 38(1)(b), and

(b) not later than the last day of that 6 weeks.

(5) A registered nurse or registered midwife shall, not later than 3 months after the final determination of any relevant proceedings, give to the Board—

(a) a declaration in writing providing particulars of the sanctions (if any) imposed on the nurse or midwife in consequence of those proceedings, or

(b) if no such sanctions were so imposed, a declaration in writing to that effect.

(6) The Board may, by notice in writing given to a registered nurse or registered midwife who has made a declaration under this section, require the nurse or midwife, as the case may be, to provide to the Board, within a reasonable period specified in the notice, further information concerning any particulars provided to the Board in the declaration.

(7) (a) A registered nurse or registered midwife shall comply with a notice undersubsection (6)given to the nurse or midwife.

(b) Where the Board considers that a registered nurse or registered midwife has contravenedparagraph (a), the Board shall forthwith make a complaint.

(8) In this section—

"final determination", in relation to any relevant proceedings and a registered nurse or registered midwife, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the nurse or midwife, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

"relevant proceedings", in relation to a registered nurse or registered midwife, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the nurse or midwife is the subject—

(a) in the State or another jurisdiction which may directly or indirectly result in the nurse or midwife—

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

(b) in another jurisdiction which may result in the nurse or midwife being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

(c) in the State which may result in the nurse or midwife being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]

53.. Correction of registers.

53.— (1) For the purpose of keeping the register of nurses and midwives and the candidate register correct, the Board shall from time to time as occasion requires correct all clerical errors in those registers, remove therefrom all entries therein procured by fraud or misrepresentation, enter in those registers every change which comes to the Board’s knowledge in the addresses or other details of the persons registered in them and remove the registration of all registered persons whose death has been notified to, or comes to the knowledge of, the Board.

(2) Where the Board takes any action pursuant to subsection (1) for the purposes of keeping the registers referred to in that subsection correct, the Board shall forthwith notify the person concerned, or the person’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.

(3) The Board shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the registers are accurate.

(4) Where any particulars entered in the register of nurses and midwives or the candidate register in respect of a registered nurse, registered midwife or candidate change, the nurse, midwife or candidate shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Board specifying the change.

(5) Where a registered nurse or registered midwife intends to be, or has been, absent from the State for a continuous period of more than 12 months, the nurse or midwife shall, as soon as is practicable, give notice in writing to the Board—

(a) of that fact, and

(b) of particulars of any employment that the nurse or midwife intends to take up, or has taken up, outside the State in a similar professional capacity.

(6) A registered nurse or registered midwife shall give notice in writing to the Board of any material matter which would be likely to affect the continuation of the nurse’s or midwife’s registration not later than 30 days after that matter comes to his or her knowledge.

(7) F30[…]

(8) Failure to notify the Board as required by subsection (6) shall be sufficient grounds for the Board to make a complaint to the Preliminary Proceedings Committee under this Act.

53A.. F31[Board may request certain information concerning registered nurses, etc., from certain bodies in State or other jurisdictions.

53A.—(1) Where a registered nurse or registered midwife provides, or has provided, one or more than one kind of health or social care in the State or another jurisdiction, the Board may make a request in writing, accompanied by the relevant statement, to the body, duly authorised in the State or that jurisdiction to regulate persons who provide that kind of health or social care in the State or that jurisdiction, to provide the Board with any information relevant to either or both of the following:

(a) any material matter that has occurred in the State or that jurisdiction in relation to the nurse or midwife;

(b) the nurse’s or midwife’s qualifications, or registration (or equivalent thereof in that jurisdiction), as a person who provides that kind of health or social care.

(2) In this section—

"registered nurse" and "registered midwife" includes a person who has made an application under section 48 for registration which has not yet been determined by the Board;

"relevant statement", in relation to a request undersubsection (1), means a statement to the effect that any information provided to the Board, pursuant to that request, by the body to which the request is made may be used in any proceedings under this Act concerning the nurse or midwife the subject of the request.]

54.. Publication of registers.

54.— (1) Subject to subsection (2), the Board shall ensure that the register of nurses and midwives and the candidate register are published in the prescribed manner and that an up-to-date version of those registers is published no less frequently than once per year.

(2) The Board need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of persons registered in the register of nurses and midwives or the candidate register or other similar details that, in its opinion, should, in the interests of the security of those persons, be protected from disclosure.

PART 7 Complaints to Preliminary Proceedings Committee Concerning Registered Nurses and Registered Midwives

55.. Complaints concerning registered nurses and registered midwives.

55.— (1) A person (including the Board) may make a complaint to the F32[chief executive officer] concerning a registered nurse or registered midwife on one or more than one of the grounds of—

(a) professional misconduct,

(b) poor professional performance,

(c) non-compliance with a code of professional conduct,

(d) a relevant medical disability,

(e) a failure to comply with a relevant condition,

F32[(ea) the imposition on the nurse or midwife of—

(i) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or

(ii) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,]

(f) a failure to comply with an undertaking or to take any action specified in a consent given in response to a request under F32[section 57A(1)or65(1)],

(g) a contravention of a provision of this Act (including a provision of any regulations or rules made under this Act),

F33[(ga) a failure to comply with regulations made undersection 13(2) of the Health (Pricing and Supply of Medical Goods) Act 2013,]

(h) an irregularity in relation to the custody, prescription or supply of a controlled drug under the Misuse of Drugs Acts 1977 and 1984 or another drug that is likely to be abused, or

(i) a conviction in the State for an offence triable on indictment or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment.

(2) A complaint may be made on the grounds of professional misconduct or poor professional performance notwithstanding that the matter to which the complaint relates occurred outside the State.

F34[(2A) (a) The chief executive officer may, in relation to a complaint heard, being heard or to be heard by the Fitness to Practise Committee, whenever he or she considers it necessary to do so, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the nurse or midwife the subject of the complaint that the Committee may reasonably require for the performance of its functions.

(b) The Garda Síochána shall, subject tosection 55of theData Protection Act 2018, comply with a request under paragraph (a) as soon as is practicable after receiving the request.

(c) The chief executive officer may, whenever he or she considers it necessary to do so, request in writing that the registrar or clerk of a court which has convicted a nurse or midwife of an offence in the State to give to him or her a certificate of conviction (or in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the chief executive officer or Board (including any committee thereof), or both, may reasonably require for the performance of his or her or its functions under this Act in relation to that nurse or midwife.

(d) The registrar or clerk of the court concerned the subject of a request underparagraph (c)shall comply with the request as soon as is practicable after receiving the request.

(e) In this subsection, "criminal record", in relation to a nurse or midwife, means a record of the previous convictions (other than spent convictions within the meaning ofsection 5of theCriminal Justice (Spent Convictions and Certain Disclosures) Act 2016) of the nurse or midwife for offences (if any).]

F35[(2B) Subject tosubsection (2C), where the chief executive officer receives a complaint, he or she shall comply withsection 56Ain respect of the complaint unless

(a) he or she is satisfied that the complaint is not made in good faith, or

(b) he or she is satisfied that the complaint is frivolous or vexatious.

(2C)Subsection (2B)shall not apply to a complaint where the Board is the complainant.

(2D) Where the chief executive officer decides that a complaint falls withinsubsection (2B)(a)or(b), he or she shall give notice in writing to the complainant (and, if the chief executive officer is of the opinion that it is in the interests of the complainant, or the registered nurse or registered midwife to whom the complaint relates, or of both, to do so, to such nurse or midwife) of the decision and the reasons for the decision.]

(3) The F36[chief executive officer] shall make reasonable efforts to ensure that—

(a) the complainant is kept informed of all decisions made under this Part and, if applicable, Parts 8 and 9 by F36[the chief executive officer, the Preliminary Proceedings Committee], any other committee, or the Board, in relation to the complaint concerned,

F36[(b) the authorised officers act expeditiously, and,]

(c) complaints are processed in a timely manner.

F37[(3A) The chief executive officer may, in relation to the complaint concerned, inform, in addition to the complainant, other parties to the proceedings under this Act concerning the complaint, of the decisions referred to insubsection (3)(a).]

(4) F38[…]

(5) Where a complaint falls within subsection (1)(i), the F39[chief executive officer] shall immediately refer the complaint to the Board.

(6) The Board shall consider a complaint referred to it under subsection (5) and—

(a) if it is of the opinion that—

(i) the nature of the offence that is the subject of the complaint or the circumstances in which the offence was committed render the nurse or midwife F40[a person who has permanently ceased to be a fit and proper person to continue to practise nursing or midwifery in the State], and

(ii) it is in the public interest that it take action immediately under this paragraph,

the Board shall decide under section 69(1) to cancel the nurse’s or midwife’s registration under section 69(1)(f), and

(b) in any other case, the Board shall refer the complaint back to the F40[chief executive officer and direct that officer] to deal with the complaint as if the complaint had never been so referred.

(7) Nothing in subsection (6) shall be construed to—

(a) prejudice the generality of section 58, or

(b) limit the range of the measures which the Board may decide to take under section 69 with regard to a registered nurse or registered midwife in any case where the Board has taken the action referred to in subsection (6)(b).

(8) The F41[chief executive officer] shall refuse to consider or further consider a complaint in respect of a matter which occurred before the repeal of section 38 of the Act of 1985 by section 4 if the matter was the subject of an application under Part V of the Act of 1985.

F42[(8A) A complaint made before the commencement of section 159 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 which has not been disposed of or otherwise dealt with under this Act before that commencement shall be disposed of or otherwise dealt with under this Act as this Act was in force immediately before that commencement.]

(9) A complaint is a protected disclosure under the Health Act 2004 (as amended by the Health Act 2007).

56.. Persons to assist Preliminary Proceedings Committee.

56.—F46[(1) The chief executive officer may appoint such and so many members of staff as he or she deems appropriate to be authorised officers to investigate complaints and to assist the chief executive officer and the Preliminary Proceedings Committee in relation to complaints for such period and subject to such terms as the chief executive officer may determine.

(2) Subject tosubsection (4), the chief executive officer shall specify the functions to be performed by authorised officers.]

(3) Without prejudice to the generality of subsection (2), the functions specified under that subsection may include one or more than one of the following:

F47[(a) investigating complaints,

(aa) interviewing persons for the purposes of assessing the relevance or evidential value of information or documents they wish to give to the chief executive officer or Preliminary Proceedings Committee;]

(b) interviewing persons as to the evidence they propose to give to the Preliminary Proceedings Committee;

(c) recording, in writing or otherwise, the statements given and answers made by persons whilst being so interviewed;

F48[(d) reporting to the chief executive officer;

(e) requesting persons to provide the chief executive officer with statements in writing concerning any matter relevant to the chief executive officer’s or Preliminary Proceedings Committee’s functions and examining statements given in response to the requests;

(f) providing the chief executive officer or Preliminary Proceedings Committee with any other advice or assistance required in relation to the preparation of the chief executive officer’s or Preliminary Proceedings Committee’s reports.]

(4) F49[An authorised officer]—

(a) shall not administer oaths F49[…], but,

(b) may, if authorised by the F49[chief executive officer] to do so, request a person interviewed as described in subsection (3) to sign a record of a statement made or answer given by the person during the interview.

(5) F50[An authorised officer] who makes a request referred to in subsection (4)(b) shall inform the person to whom the request is made of the power under section 64 of the Fitness to Practise Committee to give a direction in relation to the statement or answer the subject of the request.

F51[(6) The chief executive officer shall provide each authorised officer with a warrant—

(a) identifying the authorised officer, and

(b) specifying the functions that the authorised officer has the authority to perform by virtue ofsubsection (2)and, if applicable,subsections (4)(b)and(5).]

F52[(7) Where an authorised officer performs a function specified in that authorised officer’s warrant provided undersubsection (6), the authorised officer shall produce the warrant for inspection at the request of a person in respect of whom the function is performed.]

56A.. F53[Investigation of complaints

56A.(1) Subject tosection 55(2B), the chief executive officer, following the receipt of a complaint, shall cause such investigation as he or she deems appropriate to be carried out and, for the purposes of the investigation, shall appoint an authorised officer to carry out the investigation.

(2)(a) The chief executive officer and the authorised officer appointed undersubsection (1)may, for the purposes of considering whether there is sufficient cause to warrant further action being taken in relation to a complaint, take account of such matters relating to the registered nurse or registered midwife the subject of the complaint that arise from the investigation of the complaint as they consider appropriate.

(b) References to a complaint in this section (other thansubsection (10)), in the definitions of "allegation" and "inquiry" insection 2and insections 9(2)(i),13(2)(h),24(2),50(3)(a),57A,63,65to69and77(2)shall be construed as including references to any of the matters referred to inparagraph (a).

(3) The authorised officer shall investigate the complaint and prepare a report for the chief executive officer.

(4) The authorised officer may, by notice in writing given to a complainant, do one or more of the following:

(a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;

(b) request the complainant to provide, within a reasonable period specified in the notice, further information relating to the matter the subject of the complaint;

(c) require that the information requested underparagraph (b)be provided by means of a statutory declaration.

(5) The chief executive officer may refuse to consider or further consider a complaint if the complainant, without reasonable excuse, does not comply with a notice undersubsection (4)given to the complainant.

(6) The authorised officer shall give notice in writing to the registered nurse or registered midwife, the subject of a complaint, of the complaint, its nature and, if known, the name of the complainant.

(7) The registered nurse or registered midwife the subject of a complaint may provide to the authorised officer any information that the nurse or midwife believes should be considered by the Preliminary Proceedings Committee or the Fitness to Practise Committee.

(8) The authorised officer may, by notice in writing given to a registered nurse or registered midwife the subject of a complaint, require the nurse or midwife to provide the authorised officer, within a reasonable period specified in the notice, with such information relating to the complaint as is specified in the notice.

(9) A registered nurse or registered midwife shall comply with a notice undersubsection (8)given to him or her.

(10) Where a complaint is withdrawn before it is considered by the Preliminary Proceedings Committee, the chief executive officer may—

(a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(b) proceed as if the complaint had not been withdrawn.

(11) The chief executive officer shall, following the receipt of the investigation report from the authorised officer, forward the complaint and the investigation report and any other information which the chief executive officer deems appropriate to the Preliminary Proceedings Committee for consideration.

(12)Subsections (1)(c),(2)(in so far as the last-mentioned subsection relates to the production of records) and(9)ofsection 64shall apply to and in relation to the chief executive officer as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee and the other provisions ofsection 64(includingsubsections (4)to(6)) shall, with all necessary modifications, be construed accordingly.]

57.. Consideration of complaints by Preliminary Proceedings Committee.

57.— (1) The Preliminary Proceedings Committee shall, as soon as is practicable after receiving a complaint F54[and the investigation report and any other information from the chief executive officer], consider whether there is sufficient cause to warrant further action being taken in relation to the complaint.

(2) The Preliminary Proceedings Committee may, for the purpose of considering whether there is sufficient cause to warrant further action being taken in relation to a complaint, take account of such matters relating to the registered nurse or registered midwife the subject of the complaint that arise from F55[the investigation of the complaint and the investigation report and other information as it considers] appropriate and references to a complaint in this section (other than in subsection (11)), and in section 13(2)(h), 24(2), 50(3)(a)(ii), F55[57Ato63], 65 to 69 and 77(2) shall be construed as including references to any such matter.

(3) Where the Preliminary Proceedings Committee considers that a complaint is proper to the procedures of another body or authority, including any scheme which may be in place pursuant to Part 9 of the Health Act 2004, it may inform the complainant of its view that the complaint is proper to such other procedures.

(4) F56[…]

(5) F56[…]

(6) F56[…]

(7) F56[…]

(8) F56[…]

(9) F56[…]

(10) The Preliminary Proceedings Committee shall, before forming an opinion on whether there is sufficient cause to warrant further action being taken in relation to a complaint, or whether the complaint should be referred to another body or authority, consider—

(a) any information supplied under this section concerning the complaint, and

(b) whether the complaint is trivial or vexatious or without substance or made in bad faith.

F57[(10A) Where the Preliminary Proceedings Committee is of the opinion that additional information or an additional investigation, or both, is or are required concerning a complaint, it shall advise the chief executive officer that it is of that opinion.

(10B) Where the chief executive officer is advised undersubsection (10A), he or she shall—

(a) seek to obtain the additional information required and give it to the Preliminary Proceedings Committee, or

(b) ensure that the additional investigation required is undertaken and the further investigation report arising from the additional investigation is given to the Preliminary Proceedings Committee,

or both if so required by that advisement.]

(11) Where a complaint is withdrawn while it is being considered by the Preliminary Proceedings Committee, the Committee may F58[…]—

(a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(b) proceed as if the complaint had not been withdrawn.

(12) Subsections (1)(c), (2) (in so far as it relates to the production of records) and (9) of section 64 shall apply to and in relation to the Preliminary Proceedings Committee and the chairperson of that Committee as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee F59[and the other provisions ofsection 64(includingsubsections (4)to(6)) shall, with all necessary modifications, be construed accordingly].

57A.. F60[Undertakings and consents

57A.(1) The Preliminary Proceedings Committee may request the registered nurse or registered midwife the subject of the complaint to do one or more than one of the following:

(a) if appropriate, undertake not to repeat the conduct the subject of the complaint;

(b) pursuant tosection 87(2), demonstrate her or his relevant competencies to the satisfaction of the Board;

(c) take such steps as may be specified by the Board, which may include taking a course of education or training or gaining clinical practical experience for the express purpose of updating her or his skills and knowledge;

(d) consent to undergo medical treatment;

(e) consent to being censured by the Board.

(2) Where a registered nurse or registered midwife gives an undertaking or consent the subject of a request undersubsection (1)by the Preliminary Proceedings Committee—

(a) the investigation into the complaint shall be considered to be completed,

(b)section 61shall not apply to the complaint, and

(c) the Committee shall submit to the Board a report in writing specifying—

(i) the nature of the complaint that resulted in the investigation, and

(ii) the measures included in the undertaking or consent.

(3) Where a registered nurse or registered midwife refuses to give an undertaking or consent the subject of a request undersubsection (1), the Preliminary Proceedings Committee may proceed as if the request had not been made.]

58.. If immediate suspension of registration is necessary to protect public.

58.— (1) The Board may make an ex parte application to the Court for an order to suspend the registration of a registered nurse or registered midwife, whether or not the nurse or midwife is the subject of a complaint, if the Board considers that the suspension is necessary to protect the public until steps or further steps are taken under this Part and, if applicable, Parts 8 and 9.

(2) An application under subsection (1) shall be heard otherwise than in public unless the Court considers it appropriate to hear the application in public.

(3) The Court may determine an application under subsection (1) by—

(a) making any order it considers appropriate, including an order directing the Board to suspend the registration of the registered nurse or registered midwife the subject of the application for the period specified in the order, and

(b) giving to the Board any direction that the Court considers appropriate.

(4) The Board shall, on complying with a direction of the Court given under subsection (3), give notice in writing to the nurse or midwife concerned of the Board’s compliance with the direction.

F61[(5) (a)Paragraph (b)applies where—

(i) a registered nurse or registered midwife becomes the subject of an order undersubsection (3)(a), and

(ii) the Board has reason to believe that—

(I) the nurse or midwife is registered in another jurisdiction as a nurse or midwife or has made an application to be registered as a nurse or midwife in another jurisdiction which has not yet been determined, and

(II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Board.

(b) The Board shall give notice in writing to that body of that order and may, notwithstanding any provision ofDirective 2005/36/ECor of the Regulations of 2017, provide that body with a copy of that order and copies of other documents relevant to that order.]

59.. No further action, or referral of complaint to another body or authority, etc.

59.— (1) Where the Preliminary Proceedings Committee is, in respect of a complaint, of the opinion that—

(a) there is not sufficient cause to warrant further action being taken in relation to the complaint,

(b) the complaint should be referred to another body or authority F62[…], or

(c) the complaint is one that could be resolved by mediation or other informal means pursuant to guidelines prepared under section 60(1),

it shall inform the Board of that opinion.

(2) The Board may, after considering an opinion referred to in subsection (1) in respect of a complaint, do one or more than one of the following:

(a) decide that no further action is to be taken in relation to the complaint;

(b) direct the Preliminary Proceedings Committee to refer the F63[complaint] to another body or authority;

(c) refer information in relation to the complaint in accordance with a co-operation agreement entered into under section 15;

(d) refer the F63[nurse or midwife the subject of the] complaint to a professional competence scheme;

(e) refer the complaint for resolution by mediation or other informal means; or

(f) if it considers it necessary to do so, direct that further action be taken under section 61.

(3) Where the Board, in respect of a complaint, makes a decision referred to in subsection (2)(a) or a referral referred to in subsection (2)(b) or (d), the Board shall give notice in writing of the decision or referral, as the case may be, to—

(a) the registered nurse or registered midwife the subject of the complaint, and

(b) the complainant in any case where the Board is not the complainant.

60.. Resolution of complaints by mediation or other informal means.

60.— (1) Subject to subsections (3) and (6) and without prejudice to the generality of section 14, the Board may prepare guidelines for resolving complaints by mediation or other informal means.

(2) Without prejudice to the generality of subsection (1), guidelines prepared under that subsection may include provision for one or more than one of the following:

(a) a determination to be made about whether a complaint can be resolved by mediation or other informal means or whether it warrants the holding of an inquiry;

(b) the persons who may attempt to mediate or otherwise resolve the complaint;

(c) the recording of the manner in which the complaint was resolved and of the agreement of the complainant and the registered nurse or registered midwife the subject of the complaint to the resolution;

(d) the steps to be taken (including notice to the complainant, the registered nurse or registered midwife the subject of the complaint and the Preliminary Proceedings Committee) if the complaint cannot, in the opinion of the person attempting to do so, be resolved by mediation or other informal means;

(e) any other matters that the Board considers necessary or appropriate for facilitating the resolution of the complaint by mediation or other informal means.

(3) No attempt may be made to resolve a complaint by mediation or other informal means without the consent of the complainant and the registered nurse or registered midwife the subject of the complaint.

(4) A consent given by a registered nurse or registered midwife the subject of a complaint for the purpose of this section shall not be taken as an admission of any allegation.

(5) No answer or statement made, in the course of attempting to resolve a complaint pursuant to the guidelines prepared under subsection (1), by the complainant or the registered nurse or registered midwife the subject of the complaint may—

(a) be communicated to any person other than the persons participating in the attempt to resolve the complaint, or

(b) be used in any disciplinary, civil or criminal proceedings.

(6) The resolution of a complaint pursuant to guidelines prepared under subsection (1) shall not include the payment by any party of any financial compensation.

(7) The Board shall ensure that guidelines prepared by it under subsection (1) are published in the prescribed manner.

61.. Referral of complaint to Fitness to Practise Committee.

61.— (1) F64[Subject tosection 57A(2)(b), where]—

(a) the Preliminary Proceedings Committee is of the opinion that there is a prima facie case to warrant further action being taken in relation to a complaint, or

(b) the Board directs under section 59(2)(f) that further action be taken under this section in relation to a complaint,

the Preliminary Proceedings Committee shall refer the complaint to the Fitness to Practise Committee F64[together with all other material (including investigation reports) that the Committee is of the opinion are relevant to the complaint and that the Fitness to Practise Committee needs to consider to dispose of or otherwise deal with the complaint].

(2) For the avoidance of doubt, the Preliminary Proceedings Committee may refer a complaint to the Fitness to Practise Committee under this section even if the ground or grounds on which it arrived at the opinion that there is a prima facie case to warrant further action being taken in relation to the complaint differ from those on which the original complaint was based, so long as the opinion was arrived at on grounds mentioned in section 55.

PART 8 Complaints referred to Fitness to Practise Committee

62.. Duty to notify registered nurse or registered midwife and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.

62.— (1) The chief executive officer shall, as soon as practicable but not later than 30 days after a complaint is referred under section 61 to the Fitness to Practise Committee, give notice in writing to the registered nurse or registered midwife the subject of the complaint of the following:

(a) the referral of the complaint to the Fitness to Practise Committee;

(b) the opportunity for the nurse or midwife, or his or her representative, to be present and to defend the nurse or midwife at the hearing;

(c) the opportunity for the nurse or midwife to request that some or all of the hearing be held otherwise than in public if the nurse or midwife can show reasonable and sufficient cause.

(2) The chief executive officer shall, as soon as practicable after a complaint is referred under section 61 to the Fitness to Practise Committee, give notice in writing to—

(a) the registered nurse or registered midwife the subject of the complaint of the nature of the matter that is to be the subject of the inquiry, including the particulars of any evidence in support of the complaint, and

(b) any witnesses who may be required to give evidence at an inquiry (including, where appropriate, the complainant) of the opportunity for the witness to request that some or all of the hearing be held otherwise than in public if the witness can show reasonable and sufficient cause.

(3) The chief executive officer shall give notice in writing to the registered nurse or registered midwife the subject of a complaint referred to the Fitness to Practise Committee of the date, time and place of the hearing of the complaint in sufficient time for the nurse or midwife to prepare for the hearing.

63.. Conduct of hearing.

63.— (1) The Fitness to Practise Committee shall, subject to subsection (2) and sections 65 and 66, hear a complaint referred to it under section 61.

(2) Where a subcommittee of the Fitness to Practise Committee is conducting a hearing of a complaint referred to that Committee—

(a) if the complaint concerns a registered nurse, at least one member of the subcommittee shall be a registered nurse, and

(b) if the complaint concerns a registered midwife, at least one member of the subcommittee shall be a registered midwife.

(3) A hearing before the Fitness to Practise Committee shall be held in public unless—

(a) following a notification under section 62, the registered nurse or registered midwife or a witness who will be required to give evidence at the inquiry or about whom personal matters may be disclosed at the inquiry requests the Committee to hold all or part of the hearing otherwise than in public, and

(b) the Committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing otherwise than in public.

(4) At the hearing of a complaint before the Fitness to Practise Committee—

(a) the chief executive officer, or any other person with leave of the Committee, shall present the evidence in support of the complaint,

(b) the testimony of witnesses attending the hearing shall be given on oath, and

(c) there shall be a right to cross-examine witnesses and call evidence in defence and reply.

(5) Any member of the Fitness to Practise Committee may administer oaths for the purposes of an inquiry.

63A.. F65[Fitness to Practise Committee may order that certain information not be published

63A.(1) Subject tosubsections (2)and(3), where the Fitness to Practise Committee is satisfied that there is reasonable cause that all or part of the information (in this section referred to as the "relevant information") relating to all or part of a hearing (in this section referred to as the "relevant hearing") before the committee being held in public should not be disclosed, it may request that the relevant information not be disclosed.

(2) A person may disclose all or part of any relevant information if the disclosure is in such form as to prevent particulars relating to the identity of a party to the proceedings at the relevant hearing being ascertained from it.

(3) Nothing in this section shall be construed as prohibiting a disclosure of relevant information pursuant to a court order.

(4) A person who fails to comply with a request undersubsection (1)shall be guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment not exceeding 6 months or both.]

64.. Powers and protections relating to witnesses and evidence.

64.— (1) For the purposes of an inquiry, the Fitness to Practise Committee has all the powers, rights and privileges that are vested in the Court or a judge of the Court on the occasion of an action and that relate to—

(a) enforcing the attendance of witnesses,

(b) examining witnesses on oath or otherwise, and

(c) compelling the production (including discovery) of records.

(2) Without prejudice to the generality of subsection (1), a summons issued by the chairperson of the Fitness to Practise Committee or by such other member of that Committee as is authorised by it for the purpose of the inquiry may be substituted for and is the equivalent of any formal process capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of records.

(3) Subject to any rules in force and to the necessity of observing fair procedures, the Fitness to Practise Committee may receive evidence given—

(a) orally before the committee,

(b) by affidavit, or

(c) as otherwise allowed by those rules, including by means of a live video link, a video recording, a sound recording or any other mode of transmission.

(4) A witness before the Fitness to Practise Committee is entitled to the same immunities and privileges as a witness before the Court.

(5) A person is guilty of an offence if the person—

(a) having been duly summoned to attend before the Fitness to Practise Committee fails without reasonable excuse to attend at the time and place indicated on the summons,

(b) while attending as a witness before the Fitness to Practise Committee refuses to—

(i) take an oath lawfully required by the Committee to be taken,

(ii) produce any record in the person’s power or control that the person is lawfully required by the Committee to produce, or

(iii) answer any question that the person is lawfully required by the Committee to answer,

or

(c) while attending before the Fitness to Practise Committee does anything that, if the Committee were a court of law having power to punish for contempt, would be contempt of court.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a class A fine.

(7) Where a person fails to comply with a summons to attend before the Fitness to Practise Committee or refuses, while attending as a witness before the Fitness to Practise Committee, to do anything referred to in subsection (5)(b) that the person is lawfully required by the Committee to do, the Court, on application by the Board, may—

(a) by order require the person to attend before the Committee or to do the thing that the person refused to do, as the case may be, and

(b) make such interim or interlocutory orders as it considers necessary for that purpose.

(8) Neither an application for an order under subsection (7) nor the making of such an order precludes proceedings being brought for an offence under subsection (5)(a) or (b)in relation to a person on whose failure or refusal the application or order was based.

(9) Where the Fitness to Practise Committee requires the medical records of a patient of any registered nurse or registered midwife to be produced for the purposes of an inquiry conducted by the Committee, the records shall not be made available to the Committee unless—

(a) the patient has consented in writing to the records being made so available, or

(b) the Committee has directed in writing the nurse or midwife, or any other person who has power over or control of the records, to make the records so available.

65.. If registered nurse or registered midwife consents to censure or remedial action, etc.

65.— (1) The Fitness to Practise Committee may, at any time after a complaint is referred to it, request F66[…] the registered nurse or registered midwife the subject of the complaint to do one or more than one of the following:

(a) if appropriate, undertake to not repeat the conduct the subject of the complaint;

(b) pursuant to section 87(2), demonstrate her or his relevant competencies to the satisfaction of the Board;

(c) take such steps as may be specified by the Board, which may include taking a course of education or training or gaining clinical practice experience for the express purpose of updating her or his skills and knowledge;

(d) consent to undergo medical treatment;

(e) consent to being censured by the Board.

(2) Where a registered nurse or registered midwife gives an undertaking or consent the subject of a request under subsection (1) by the Fitness to Practise Committee, the inquiry into the complaint shall be considered to be completed.

(3) Where a registered nurse or registered midwife refuses to give an undertaking or consent the subject of a request under subsection (1) by the Fitness to Practise Committee, the Committee may proceed as if the request had not been made.

66.. If complaint withdrawn during consideration by Fitness to Practise Committee.

66.— Where a complaint is withdrawn while it is being considered by the Fitness to Practise Committee, the Committee may F67[…]—

(a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

(b) proceed as if the complaint had not been withdrawn.

67.. Report to Board by Fitness to Practise Committee.

67.— (1) Subject to subsection (2), the Fitness to Practise Committee shall, on completing an inquiry into a complaint, submit to the Board a report in writing on its findings.

(2) The report referred to in subsection (1) of the Fitness to Practise Committee—

(a) shall specify—

(i) the nature of the complaint that resulted in the inquiry,

(ii) the evidence presented to the Committee,

(iii) the Committee’s findings as to whether any allegation is proved, whether on the grounds on which the complaint was made or on any other grounds mentioned in section 55, and

(iv) if there is an undertaking or consent under section 65(1), the measures included in the undertaking or consent,

and

(b) may include such other matters relating to the registered nurse or registered midwife the subject of the complaint as the Committee considers appropriate.

68.. Steps to be taken by Board.

68.— The Board shall, on receiving the report referred to in section 67(1) of the Fitness to Practise Committee in relation to a complaint—

(a) if there is an undertaking or consent under section 65(1), impose the measures in accordance with section 69(2), and

(b) in any other case—

(i) if the Committee finds that no allegation against the registered nurse or registered midwife the subject of the complaint is proved, dismiss the complaint,

(ii) if the Committee finds that any allegation against the registered nurse or registered midwife is proved, decide under section 69(1) one or more than one sanction to be imposed on the nurse or midwife.

PART 9 Measures taken with regard to Registered Nurses and Registered Midwives following Reports of Fitness to Practise Committee

68A.. F68[Measures to be taken by Board after receiving report referred to in section 57A(2)(c)

68A.(1)Subsection (2)applies as soon as is practicable after the Board has received and considered the report referred to insection 57A(2)(c)of the Preliminary Proceedings Committee in relation to a complaint concerning a registered nurse or registered midwife.

(2) The measures to be taken in respect of the registered nurse or registered midwife shall be those contained in the report.]

69.. Duty of Board to decide on appropriate measures to be taken.

69.— (1) Subject to subsection (3) andsection 70, the Board shall, as soon as is practicable after receiving and considering the report referred to in section 67(1) of the Fitness to Practise Committee in relation to a complaint concerning a registered nurse or registered midwife, decide that one or more than one of the following sanctions be imposed on the nurse or midwife:

(a) an advice or admonishment, or a censure, in writing;

(b) a censure in writing and a fine not exceeding €2,000;

(c) the attachment of conditions to the nurse’s or midwife’s registration, including restrictions on the practice of nursing or midwifery that may be engaged in by the nurse or midwife;

(d) the transfer of the nurse’s or midwife’s registration to another division;

(e) the suspension of the nurse’s or midwife’s registration for a specified period;

(f) the cancellation of the nurse’s or midwife’s registration from the register of nurses and midwives or a division of that register;

(g) a prohibition from applying for a specified period for the restoration of the nurse’s or midwife’s registration in the register of nurses and midwives or a division.

(2) For the avoidance of doubt, if the report referred to in section 67(1) follows an undertaking or consent under section 65(1), then the measures to be taken in respect of the nurse or midwife shall be those contained in the report.

(3) Where the Board wishes to make a decision under subsection (1)(f) in a case to which section 55(6)(a) applies, the Board may do so notwithstanding that there is no report from the Fitness to Practise Committee under section 67(1).

70.. Provisions supplementary to section 69.

70.— (1) The Board shall, on deciding under section 69 to impose a sanction referred to in section 69(1)(b), (c), (d), (e) or (g) on a registered nurse or registered midwife, specify—

(a) in the case of a sanction referred to in section 69(1)(b), the amount of the fine imposed on the nurse or midwife,

(b) in the case of a sanction referred to in section 69(1)(c), the nature of the conditions to be attached to the nurse’s or midwife’s registration,

(c) in the case of a sanction referred to in section 69(1)(d), the division of the register of nurses and midwives to which the nurse’s or midwife’s registration is to be transferred,

(d) in the case of a sanction referred to in section 69(1)(e), the period of suspension of the nurse’s or midwife’s registration,

(e) in the case of a sanction referred to in section 69(1)(g), the period for which the nurse or midwife is prohibited from applying for the restoration of the nurse’s or midwife’s registration.

(2) The Board shall not decide under section 69 to impose the sanction referred to in section 69(1)(f) on a registered nurse or registered midwife on the grounds of a conviction for an offence referred to in section 55(1)(i) unless—

(a) in the Board’s opinion, the nature of the offence or the circumstances in which it was committed render the nurse or midwife F69[a person who is not a fit and proper person to practise nursing or midwifery], as the case may be, or

(b) a conviction for such offence would render a person unable to be registered under this Act.

71.. Duty to notify registered nurse or midwife of Board’s sanction.

71.— (1) Subject to subsection (2), the Board shall, as soon as is practicable after deciding under section 69 to impose a sanction on a registered nurse or registered midwife, give notice in writing to the nurse or midwife and, in any case where the Board is not the complainant, the complainant, of—

(a) the nature of the sanction that the Board has decided to impose,

(b) the date on which the decision was made, and

(c) the reasons for the imposition of the sanction.

F70[(2) Where the Board has decided to impose a sanction on a registered nurse or registered midwife (other than a sanction arising from measures referred to insection 69(2)), the Board shall give notice in writing to the nurse or midwife of the nurse’s or midwife’s entitlement, undersection 73, to appeal to the Court against the decision.]

72.. Confirmation by Court required before certain decisions become effective.

72.— F71[(1)] A decision under section 69 to impose a sanction (F72[not being a sanction referred to insection 69(1)(a)or arising from measures referred to insection 69(2)]) on a registered nurse or registered midwife shall not take effect unless the decision is confirmed by the Court on an appeal under section 73 or an application under section 74.

F72[(2) A decision undersection 69to impose a sanction (being a sanction referred to insection 69(1)(a)) on a registered nurse or a registered midwife shall not take effect unless—

(a) the decision is confirmed by the Court on an appeal undersection 73, or

(b) the 21 days referred to insection 73(1)within which the nurse or midwife may appeal to the Court against the decision expires without the nurse or midwife, as the case may be, making such appeal.]

73.. Appeal to Court against Board’s decision under section 69.

73.— (1) A registered nurse or registered midwife the subject of a decision under section 69 to impose a sanction F73[(other than a sanction arising from measures referred to insection 69(2))] may, not later than 21 days after the nurse or midwife received the notice under section 71(1) of the decision, appeal to the Court against the decision.

(2) The Court may, on the hearing of an appeal under subsection (1) by a nurse or midwife, consider any evidence adduced or argument made, whether or not adduced or made to the Fitness to Practise Committee.

(3) The Court may, on the hearing of an appeal under subsection (1) by a nurse or midwife—

(a) either—

(i) confirm the decision the subject of the application, or

(ii) quash that decision and substitute such other decision as the Court considers appropriate, which may be a decision—

(I) to impose a different sanction on the nurse or midwife, or

(II) to impose no sanction on the nurse or midwife,

and

(b) give the Board such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(4) The Board shall, on complying with a direction given by the Court under subsection (3), give notice in writing to the nurse or midwife concerned of the Board’s compliance with the direction.

74.. Application to Court for confirmation of Board’s decision.

74.— (1) Where a registered nurse or registered midwife does not, within the period allowed under section 73(1), appeal to the Court against a decision under section 69 to impose a sanction (other than a sanction referred to in section 69(1)(a) F74[or arising from measures referred to insection 69(2)]) on the nurse or midwife, the Board shall, as soon as is practicable after the expiration of that period, make an application to the Court for the confirmation of the decision.

(2) An application under subsection (1) may be made on an ex parte basis.

(3) The Court shall, on the hearing of an application under subsection (1), confirm the decision under section 69 the subject of the application unless the Court sees good reason not to do so F74[and direct how the costs of the application are to be borne].

75.. Evidence relating to appeal under section 73(1) or application under section 74(1) to Court.

75.— (1) The Court may, on the hearing of an appeal under section 73(1) or an application under section 74(1), admit and have regard to the evidence of any person of good standing in the nursing or midwifery profession, as the case may be, as to what constitutes professional misconduct, poor professional performance or non-compliance with a code of professional conduct in relation to the practice of that profession.

(2) The decision of the Court on an appeal under section 73(1) or an application under section 74(1) is final except that the Board or the nurse or midwife to whom the decision relates may, by leave of the Court or Supreme Court, appeal against the decision to the Supreme Court on a specified question of law.

76.. Duty to notify registered nurse or registered midwife of compliance with decisions confirmed or given by Court.

76.— (1) The Board shall, on complying with a decision confirmed or given by the Court under section 73 or 74to attach conditions to the registration of a nurse or midwife, give notice in writing to the nurse or midwife of the conditions as soon as is practicable after complying with section 46(8) in respect of the conditions.

(2) The Board shall, on complying with a decision confirmed or given by the Court under section 73 or 74 to transfer a registered nurse’s or registered midwife’s registration to another division of the register of nurses and midwives—

(a) transfer the nurse’s or midwife’s registration to the division concerned, and

(b) give notice in writing to the nurse or midwife of the division to which the nurse’s or midwife’s registration has been transferred as soon as is practicable after effecting such transfer.

(3) The Board shall, on complying with a decision confirmed or given by the Court under section 73 or 74 to suspend for a specified period or to cancel the registration of a nurse or midwife, give notice in writing to the nurse or midwife of—

(a) the suspension or cancellation, as the case may be, and

(b) in the case of a suspension, the period, beginning not earlier than 7 days after the date of the Court’s decision, during which the registration is to be suspended.

(4) For the avoidance of doubt, it is hereby declared that where the registration of a nurse or midwife is suspended in compliance with a decision confirmed or given by the Court under section 73 or 74 to suspend that registration for a specified period—

(a) subject to paragraph (b), this Act shall apply to the nurse or midwife during that period as if the nurse or midwife were an unregistered nurse or unregistered midwife, except that the nurse or midwife concerned shall still be subject to the provisions of this Act relating to fitness to practise and sanctions during the period of suspension, and

(b) section 43 shall not apply to the nurse or midwife during that period to the extent only that the nurse or midwife uses a title referred to in that section which would not be a contravention of that section if the nurse’s or midwife’s registration were not suspended.

77.. Removal of registration for failure to pay fee.

77.— (1) Subject to subsection (2), where a registered nurse or registered midwife fails to pay an appropriate fee required to be paid by the nurse or midwife notwithstanding that a reminder notice to pay the fee has been sent to the nurse or midwife at the nurse’s or midwife’s registered address, the Board may, not earlier than 28 days after that reminder has been sent, remove the nurse’s or midwife’s registration.

F75[(1A) The exercise of the Board’s power undersubsection (1)in the case of a registered nurse or registered midwife shall be deemed to include the exercise of the Board’s power under section 39(1) of the Act of 1985 to erase, on the ground specified in paragraph (b) of such section 39(1) and whether before, on or after the commencement of section 176 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020, the name of a person referred to in such section 39(1) from the register referred to in such section 39(1), and the other provisions of this Act (includingsection 78) shall, with all necessary modifications, be construed accordingly.]

(2) The Board shall not exercise its power under subsection (1) in the case of a registered nurse or registered midwife the subject of—

(a) an application for an inquiry under Part V of the Act of 1985 which has not been considered or completed, or

(b) a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if applicable, Parts 8 and 9.

78.. Restoration, etc., of registration following payment of certain fees.

78.— Where a nurse’s or midwife’s registration has been removed pursuant only to section 77, the chief executive officer shall restore that registration if—

(a) not later than 6 months after the date on which the appropriate fee became due, the nurse or midwife makes an application to the Board for the restoration of the nurse’s or midwife’s registration, and

(b) the nurse or midwife pays to the Board the appropriate fees.

79.. Restoration of registration which has been cancelled.

79.— (1) The Board shall not restore a nurse’s or midwife’s registration which has been cancelled except in accordance with this section.

(2) The Board may at any time decide to restore the registration of a nurse or midwife whose registration has been cancelled if—

(a) the nurse or midwife has requested the Board to make the decision and has paid the appropriate fee required at the time of the request for restoration,

(b) the nurse or midwife is not prohibited under this Part from applying for restoration of the registration,

(c) the nurse or midwife has been given an opportunity to make an oral or written submission to the Board,

(d) the Board has considered any submission made under paragraph (c) and the criteria specified in the rules for the restoration of registration pursuant to this section, and

(e) after considering all relevant facts, the Board considers it appropriate to make the decision.

(3) The Board may on deciding to restore a nurse’s or midwife’s registration, also decide to attach to the registration any conditions that the Board considers appropriate.

(4) The Board shall, on deciding to restore a nurse’s or midwife’s registration or to attach conditions to the registration of a nurse or midwife whose registration has been so restored, give notice in writing to the nurse or midwife of the restoration and, if applicable, of the attachment of the conditions as soon as is practicable after—

(a) restoring the registration, or

(b) restoring the registration and complying with section 46(8) in respect of the conditions,

as the case may be.

(5) The Board shall, on deciding to refuse to restore a nurse’s or midwife’s registration, give notice in writing (accompanied by a copy of section 81), as soon as is practicable after making the decision, to the nurse or midwife of—

(a) the decision,

(b) the date on which the decision was made, and

(c) the reasons for the decision.

80.. Removal of conditions attached to registration.

80.— (1) The Board may at any time decide to remove all or any conditions, to which this section applies pursuant to subsection (4), attached to the registration of a registered nurse or registered midwife if—

(a) the nurse or midwife has requested the Board to make the decision,

(b) the nurse or midwife has been given an opportunity to make an oral or written submission to the Board,

(c) the Board has considered any submission made under paragraph (b) and any other relevant information that has come to its attention, and

(d) after considering all relevant facts, the Board considers it appropriate to make the decision.

(2) The Board shall, on deciding to remove any or all conditions referred to in subsection (1)attached to the registration of a registered nurse or registered midwife, give notice in writing to the nurse or midwife of its or their removal.

(3) The Board shall, on deciding to refuse to remove any condition referred to in subsection (1) attached to the registration of a nurse or midwife, give notice in writing (accompanied by a copy of section 81), as soon as is practicable after making the decision, to the nurse or midwife of—

(a) the decision,

(b) the date on which the decision was made, and

(c) the reasons for the decision.

(4) This section applies to any conditions attached to the registration of a nurse or midwife pursuant to—

(a) a decision referred to in section 76(1), or

(b) section 79(3).

81.. Appeal to Court against Board’s decision under section 79 or 80.

81.— (1) A nurse or midwife the subject of a decision made by the Board—

(a) under section 79 to refuse to restore the nurse’s or midwife’s registration or to attach conditions to the nurse’s or midwife’s registration, or

(b) under section 80 to refuse to remove a condition to which that section applies attached to the person’s registration,

may, not later than 21 days after the nurse or midwife received notice of the decision under section 79(5) or 80(3), as the case may be, appeal to the Court against the decision.

(2) The Court may, on the hearing of an appeal under subsection (1) by a nurse or midwife, consider any evidence adduced or argument made, whether or not adduced or made to the Board.

(3) The Court may, on the hearing of an appeal under subsection (1) by a nurse or midwife—

(a) either—

(i) confirm the decision the subject of the appeal, or

(ii) quash that decision and substitute such other decision as the Court considers appropriate, which may be a decision—

(I) to restore the registration of the nurse or midwife in such division of the register of nurses and midwives as the Court considers appropriate and—

(A) with no conditions attached to the registration, or

(B) with such conditions attached to the registration as the Court considers appropriate,

or

(II) to remove the conditions attached to the nurse’s or midwife’s registration or replace conditions attached to the registration of the nurse or midwife with such other conditions as the Court considers appropriate,

and

(b) give the Board such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(4) The Board shall, on complying with any direction given by the Court under subsection (3), give notice in writing to the nurse or midwife concerned of the Board’s compliance with the direction.

82.. Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.

82.— (1) The Board shall give notice in writing to F76[the Health Service Executive and such other persons as it thinks fit] as soon as is practicable after any of the following measures take effect under this Part:

(a) the cancellation of a nurse’s or midwife’s registration;

(b) the restoration of a nurse’s or midwife’s registration;

(c) the removal of a nurse’s or midwife’s registration;

(d) the suspension of a nurse’s or midwife’s registration;

(e) the termination of the period during which a nurse’s or midwife’s registration is suspended;

(f) the transfer of a nurse’s or midwife’s registration to another division of the register of nurses and midwives;

(g) the attachment of conditions to a nurse’s or midwife’s registration;

(h) the removal of conditions attached under this Part to a nurse’s or midwife’s registration;

(i) the prohibiting of a nurse or midwife from applying for a specified period for the restoration of the nurse’s or midwife’s registration;

(j) the censuring and fining of a registered nurse or registered midwife;

F76[(k) the censuring of a registered nurse or registered midwife;

(l) the advisement or admonishment of a registered nurse or registered midwife.]

(2) Where it comes to the Board’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of F77[paragraphs (a)to(l)] of subsection (1) has been taken in relation to a registered nurse or registered midwife, the Board shall, F77[if satisfied that it is in the public interest to do so and] as soon as is practicable, give notice in writing to F77[…] the Health Service Executive of the measure.

(3) The Board shall F78[(if satisfied that, in the case of a measure referred to insubsection (2), it is in the public interest to do so)] give notice in writing to an employer (other than the Health Service Executive) where—

(a) it comes to the Board’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a registered nurse or registered midwife employed by the employer, and

(b) the employer’s name is known to the Board.

F79[(4) (a)Paragraph (b)applies where—

(i) it comes to the Board’s attention that any measure referred to insubsection (1)has been taken in relation to a registered nurse or registered midwife, and

(ii) the Board has reason to believe that—

(I) the nurse or midwife is registered in another jurisdiction, and

(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Board.

(b) The Board shall give notice in writing to that body of that measure and may, notwithstanding any provision ofDirective 2005/36/ECor of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to insection 67(1)).

(5) (a)Paragraph (b)applies where—

(i) it comes to the Board’s attention that any measure referred to insubsection (2)has been taken in relation to a registered nurse or registered midwife, and

(ii) the Board has reason to believe that—

(I) the nurse or midwife is registered in another jurisdiction, and