Nurses and Midwives Act 2011

• (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 under subsection (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• (11) Where a complaint is withdrawn while it is being considered by the Preliminary Proceedings Committee, the Committee may F58[…]—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• (b) proceed as if the complaint had not been withdrawn.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 of section 64 (including subsections (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 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 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 under subsection (1) by the Preliminary Proceedings Committee—

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

• (b) section 61 shall 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 under subsection (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 under subsection (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 of Directive 2005/36/EC or 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 to section 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 to subsections (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 under subsection (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 in section 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) and section 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 in section 69(2)), the Board shall give notice in writing to the nurse or midwife of the nurse’s or midwife’s entitlement, under section 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 in section 69(1)(a) or arising from measures referred to in section 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 under section 69 to impose a sanction (being a sanction referred to in section 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 under section 73, or

• (b) the 21 days referred to in section 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 in section 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 in section 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 74 to 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 under subsection (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 (including section 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 in subsection (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 in subsection (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 of Directive 2005/36/EC or 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 in section 67(1)).

• (5)
• (a) Paragraph (b) applies where—

• (i) it comes to the Board’s attention that any measure referred to in subsection (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

• (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, if satisfied that it is in the public interest to do so, give notice in writing to that body of that measure.]

83. Information Board may publish in public interest.

83.— F80[(1)] The Board shall, F81[(if satisfied that, in the case of a measure referred to in section 82(1)(k) or (l) or paragraph (a)(ii), it is in the public interest to do so)]—

• (a) advise the public when—

• (i) any measure referred to in section 82(1) takes effect under this Part in respect of a nurse or midwife, or

• (ii) any measure referred to in section 82(2) in respect of a nurse or midwife comes to the knowledge of the Board,

and

• F81[(b) if satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of the Fitness to Practise Committee at an inquiry or publish all or any part of a report referred to in section 67(1) of the Fitness to Practise Committee (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings concerned to be identified).]

• F82[(2) The Board shall not publish anything under this section which is inconsistent with a decision (if any) of the Court arising from the performance of a function under section 73 or 74.]

PART 10 Education and Training

84. Duties of Health Service Executive in relation to education and training of nurses and midwives.

84.— (1) The Health Service Executive, in accordance with section 7(4)(b) of the Health Act 2004, shall, as far as practicable, facilitate the education and training of candidates.

• (2) The Health Service Executive shall, with respect to specialist nursing and midwifery education and training, have the following responsibilities:

• (a) to promote the development of specialist nursing and midwifery education and training and to co-ordinate such development in co-operation with the Board, and the nursing and midwifery training bodies approved by the Board;

• (b) in co-operation with the nursing and midwifery training bodies and after consultation with An tÚdarás, to undertake appropriate nursing and midwifery workforce planning for the purpose of meeting specialist nursing and midwifery staffing and training needs of the public health service on an ongoing basis; and

• (c) to advise the Minister, after consultation with the nursing and midwifery training bodies and with An tÚdarás and such other bodies as the Health Service Executive may consider appropriate, on nursing and midwifery education and training and on all other matters, including financial matters, relating to the development and co-ordination of specialist nursing and midwifery education and training.

• (3) The Minister may, by notice in writing given to the Health Service Executive, require the Executive to provide such information in relation to the performance of the Executive’s functions under this Act as is specified in the notice and within the period specified in the notice (being a period reasonable in the circumstances).

• (4) The Health Service Executive shall comply with a notice given to it under subsection (3) except to the extent that it is prohibited from doing so by another provision of this Act.

• (5) Specialist nursing and midwifery education and training shall, for the purposes of sections 38 and 39 of the Health Act 2004, be deemed to be a health and personal social service within the meaning of section 2 of that Act.

• (6) The Health Service Executive shall carry out such functions, other than functions assigned to it by this Act, as may be assigned to it from time to time by the Minister following consultation with it in relation to nursing and midwifery education and training.

85. Duties of Board in relation to education and training of nurses and midwives.

85.— (1) The Board shall—

• (a) set and publish in the prescribed manner the standards of nursing and midwifery education and training for first time registration and post-registration specialist nursing and midwifery qualifications, and

• (b) monitor adherence to the standards referred to in paragraph (a).

• (2) The Board shall, in relation to programmes of pre first time registration, post-registration leading to registration or annotation and specialist nursing and midwifery education and training—

• (a) after it has consulted with the Minister for Education and Skills, and in accordance with the relevant criteria specified in the rules—

• (i) F83[where appropriate,] approve, approve subject to conditions attached to the approval of, amend or remove conditions attached to the approval of, or withdraw the approval for, such programmes, and bodies which may deliver such programmes, or

• (ii) refuse to approve a body as a body which may deliver such programmes,

• (b) prepare guidelines on curriculum issues and content to be included in programmes approved under paragraph (a),

• (c) set and publish in the prescribed manner standards required for registration in any division, annotation and specialist nursing and midwifery qualifications pursuant to programmes approved under paragraph (a),

• (d) monitor adherence to the criteria referred to in paragraph (a), the guidelines referred to in paragraph (b) and the standards referred to in paragraph (c),

• (e) inspect bodies approved under paragraph (a) in order to ensure ongoing compliance with the criteria referred to in that paragraph, the guidelines referred to in paragraph (b) and the standards referred to in paragraph (c),

• (f) inspect, at least every 5 years, places in the State where training is provided to persons undertaking training for a nursing or midwifery qualification, for the purposes of monitoring adherence to nursing and midwifery education and training standards,

• (g) following inspections under paragraph (f), issue recommendations to the management of any place referred to in that paragraph on any improvements in nursing or midwifery education and training standards which may be required or any other issues arising from such inspections,

• (h) publish in the prescribed manner details of all inspections carried out under this subsection,

• (i) prepare and publish in the prescribed manner guidelines for bodies approved under paragraph (a) on ethical standards and behaviour appropriate for nurses, midwives and candidates, and

• (j) advise the Minister and the Minister for Education and Skills on any issues relating to its functions under this subsection.

• (3) Where the Board proposes to withdraw the approval of a body under subsection (2)(a)(i), the Board shall give notice of its intention to do so to the body concerned and shall afford to it an opportunity to make representations to the Board. The Board shall take into account any such representations before making its decision.

• (4) Where the Board makes a decision under subsection (2)(a), it shall give notice in writing (accompanied by a copy of section 86), as soon as is practicable after making the decision, to the body the subject of the decision of—

• (a) the decision,

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

• (c) the reasons for the decision.

• (5) Notwithstanding the repeal of section 34 of the Act of 1985 by section 4, a body which was, immediately before that repeal, approved for the delivery of a programme of nursing or midwifery education and training shall be deemed to be a body approved for the purposes of this Act unless the Board determines otherwise.

• (6) The Board may recognise a degree, diploma or other qualification awarded in a third country to be at least the equivalent of a qualification awarded following the satisfactory completion of a programme of pre first time registration nursing or midwifery education and training.

• (7) The Board shall prepare and publish in the prescribed manner guidelines on ethical considerations to be taken into account in respect of the acceptance or otherwise of any non-Exchequer funding offered or provided in relation to nursing or midwifery education and training for pre first time registration, post-registration leading to registration or annotation and specialist nursing or midwifery qualifications.

• (8) The Board shall, in consultation with the Health Service Executive and such other appropriate bodies as the Board thinks fit, make available career information on nursing and midwifery, including information on education and training.

86. Appeal to Court against Board’s decision under section 85(2)(a).

86.— (1) A body the subject of a decision made by the Board under section 85(2)(a) may, not later than 21 days after the body received notice of the decision under section 85(4), appeal to the Court against the decision.

• (2) The Court may, on the hearing of an appeal under subsection (1) by a body, 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 body—

• (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,

and

• (b) give the Board such direction 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 body concerned of the Board’s compliance with the direction.

PART 11 Maintenance of Professional Competence

87. Duty of registered nurses and registered midwives to maintain professional competence.

87.— (1) A registered nurse and a registered midwife shall maintain professional competence on an ongoing basis.

• (2) A registered nurse or registered midwife shall, whenever required by the Board to do so, demonstrate competence to the satisfaction of the Board in accordance with any requirement of the Board under section 88(1).

• (3) A registered nurse and a registered midwife shall co-operate with any requirements imposed on the nurse or midwife by the rules.

• (4) The Board may, by notice in writing given to a registered nurse or registered midwife who has given an undertaking pursuant to F84[section 57A(1) or 65(1)], require the nurse or midwife to co-operate with such an undertaking to the satisfaction of the Board.

• (5) A nurse or midwife shall comply with a notice under subsection (4) given to him or her.

88. Duty of registered nurses and registered midwives to demonstrate professional competence to satisfaction of Board.

88.— (1) The Board may require a registered nurse or registered midwife to demonstrate competence to the satisfaction of the Board in accordance with a professional competence scheme applicable to that nurse or midwife or otherwise.

• (2) The Board may require a registered nurse or registered midwife who fails to demonstrate competence to the satisfaction of the Board to attend a course or courses of further education or training or to do anything which, in the opinion of the Board, is necessary to satisfy the Board as to the competence of that nurse or midwife.

• (3) Where the Board considers that a registered nurse or registered midwife—

• (a) who, being required under section 87(3) to co-operate with any requirements imposed on that nurse or midwife by the rules, has refused to so co-operate, has failed to so co-operate or has ceased to so co-operate,

• (b) has contravened section 87(5),

• (c) may pose an immediate risk of harm to the public, or

• (d) may have committed a serious breach of its guidance on ethical standards and behaviour,

then the Board shall forthwith make a complaint to the Preliminary Proceedings Committee.

89. Duty of Board in relation to maintenance of professional competence of registered nurses and registered midwives.

89.— (1) The Board shall, not later than the first anniversary of the commencement of this section, or such longer period as the Minister permits in writing at the request of the Board, develop, establish and operate one or more than one scheme for the purposes of monitoring the maintenance of professional competence by registered nurses and registered midwives.

• (2) A scheme under this section shall not be established or operated until a proposal for it has been approved by the Minister and the Minister for Public Expenditure and Reform.

• (3) The Board, in respect of a professional competence scheme—

• (a) shall review the operation of the scheme periodically, and

• (b) may, following such a review, make recommendations to the Minister as to the steps that, in the opinion of the Board, may need to be taken to improve the operation of the scheme.

90. Duty of employers in relation to maintenance of professional competence of registered nurses and registered midwives.

90.— (1) An employer of a registered nurse or registered midwife shall facilitate the maintenance by that nurse or midwife of his or her professional competence pursuant to a professional competence scheme applicable to the nurse or midwife concerned.

• (2) Without prejudice to the generality of subsection (1), the employer may facilitate the maintenance of professional competence by a registered nurse or registered midwife it employs by providing learning opportunities for that nurse or midwife in the workplace.

91. Confidentiality.

91.— (1) Subject to subsections (2) and (4), and to any agreement made under section 15, a person who acquires any information by virtue of the person’s performance or assistance in the performance of functions under this Act relating to any professional competence scheme shall preserve confidentiality with regard to the information and, without prejudice to the foregoing, shall not—

• (a) disclose the information to another person except where the disclosure is necessary for such performance or assistance, or

• (b) cause or permit any other person to have access to the information except where the access is necessary for that other person to perform or assist in the performance of functions under this Act (including the functions of the Preliminary Proceedings Committee and the Fitness to Practise Committee).

• (2) Notwithstanding subsection (1), the Board may disclose information—

• (a) in the form of a summary compiled from information provided in relation to registered nurses and registered midwives participating in a professional competence scheme if the summary is so compiled as to prevent particulars relating to the identity of any such nurse or midwife being ascertained from it,

• (b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings or any investigation in the State, or

• (c) in connection with any civil proceedings to which the Board is a party.

• (3) F85[…]

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

• (5) A person who contravenes subsection (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.

PART 12 Dissolution of National Council for the Professional Development of Nursing and Midwifery

92. Interpretation of Part 12.

92.— In this Part, “Council” means the National Council for the Professional Development of Nursing and Midwifery established under the National Council for the Professional Development of Nursing and Midwifery (Establishment) Order 1999 (S.I. No. 376 of 1999).

93. Dissolution of Council.

93.— The Council is dissolved.

94. Transfer of rights and liabilities.

94.— (1) All rights and liabilities of the Council arising by virtue of any contract or commitment (expressed or implied) entered into by the Council before the commencement of this section shall, on that commencement, stand transferred to the Board.

• (2) Every right and liability transferred by subsection (1) may, on or after that transfer, be sued on, recovered or enforced by or against the Board in its name.

• (3) It shall not be necessary for the Board to give notice to any person whose right or liability is transferred by subsection (1) of that transfer.

95. Transfer of property.

95.— (1) All land that, immediately before the commencement of this section, was vested in the Council and all rights, powers and privileges relating to or connected with that land shall, on that commencement and without any conveyance or assignment, stand transferred to and vested in the Board.

• (2) All property other than land (including choses-in-action) that, immediately before the commencement of this section, is the property of the Council shall, on that commencement, stand transferred to the Board without any assignment.

• (3) Every chose-in-action transferred by subsection (2) may, on or after that transfer, be sued on, recovered or enforced by the Board in its name.

• (4) It shall not be necessary for the Board to give notice to any person bound by a chose-in-action transferred by subsection (2) of that transfer.

• (5) Any moneys, stocks, shares and securities transferred by subsection (2) that, immediately before the commencement of this section, were in the name of the Council shall, upon the request of the Board, be transferred into the name of the Board.

96. Final accounts.

96.— (1) As soon as may be after the commencement of this section, but not later than one year after that commencement, the Board shall cause final accounts of the Council to be prepared, in respect of the accounting year, or the part of an accounting year, of the Council ending immediately before that commencement.

• (2) Accounts prepared under this section shall be submitted, as soon as may be, by the Board to the Comptroller and Auditor General for audit.

• (3) Immediately after the audit, a copy of the accounts as audited, and a copy of the Comptroller and Auditor General’s report on the accounts, shall be presented to the Minister.

• (4) The Minister shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas.

97. Final report.

97.— As soon as may be after the commencement of this section, but not later than one year after that commencement, the Board shall cause a final report to the Minister of the Council’s activities to be prepared.

98. Pending legal proceedings.

98.— (1) The name of the Board shall be substituted for the name of the Council in any legal proceedings to which the Council is a party that are pending immediately before the commencement of this section.

• (2) The proceedings shall not abate by reason of that substitution.

99. Preservation of contracts and adaptation of references to Council.

99.— Every contract or agreement made between the Council, or any trustee or agent of the Council acting on its behalf, and any other person, that was in force immediately before the commencement of this section—