Nurses and Midwives Act 2011

(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 insection 82(1)(k)or(l)orparagraph (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 insection 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 undersection 73or74.]

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)or65(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—

(a) shall continue in force,

(b) shall be construed and have effect as if the name of the Board were substituted in the contract or agreement, for that of the Council or, as the case may be, for that of its trustee or agent acting on its behalf, and

(c) shall be enforceable against the Board.

100.. Transfer of staff.

100.— (1) A person who, immediately before the commencement of this section, was an officer or employee of the Council shall, on that commencement, be transferred to and become an employee of the Board.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person transferred by subsection (1) shall not, on that transfer, be brought to less beneficial conditions of service or remuneration than the conditions of service or remuneration to which the person was subject immediately before the commencement of this section.

(3) The previous service of a person transferred by subsection (1) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2007;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Terms of Employment (Information) Acts 1994 and 2001;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.

(4) Any superannuation benefits awarded to or in respect of a person transferred by subsection (1) and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the commencement of this section.

(5) The pension payments and other superannuation liabilities of the Council in respect of its former officers or employees shall become, on the commencement of this section, the liabilities of the Board.

(6) In this section—

“conditions of service”, includes conditions relating to tenure;

“previous service”, in relation to a person transferred by subsection (1), means service of the person, before the commencement of this section, with the Council;

“recognised trade union or staff association” means a trade union or staff association recognised by the Board for the purposes of negotiations that are concerned with the remuneration or conditions of employment, or the working conditions of employees.

101.. Transfer of records.

101.— (1) Each record held by the Council immediately before the commencement of this section—

(a) shall, on that commencement, stand transferred to the Board, and

(b) shall, on and from that commencement, be deemed to be held by the Board.

(2) Any right of access, under the Freedom of Information Acts 1997 and 2003, to records that before that commencement day were held by the Council and that are transferred under subsection (1) is not affected by the transfer of those records.

(3) For the purposes of section 18 of the Freedom of Information Act 1997, any act done by the Council before the commencement of this section is deemed to have been done by the Board.

PART 13 Miscellaneous

102.. Privilege.

102.— (1) In any action for defamation, the following proceedings, reports and communications are absolutely privileged:

(a) proceedings of a Preliminary Proceedings Committee or of the Fitness to Practise Committee;

(b) communications by the Fitness to Practise Committee;

(c) reports of the Fitness to Practise Committee;

(d) communications by the Board of the steps taken under section 68; and

(e) any other communication made by—

(i) a committee pursuant to any of Parts 7, 8 and 9 in performing a function of the committee, or

(ii) the Board pursuant to any of Parts 7, 8 and 9 in performing a function of the Board.

F86[(1A) In any action for defamation, the proceedings, reports and communications of the chief executive officer under any ofParts 7,8and9are absolutely privileged.]

(2) Subject to subsection (4), a document which relates to a nurse’s or midwife’s participation in a professional competence scheme, to the extent that it does so relate, shall not be admitted in evidence (whether by discovery or otherwise) in any civil proceedings except with the consent of the nurse or midwife concerned (in this section referred to as the “relevant consent”).

(3) No witness in any civil proceedings shall be obliged or permitted to disclose, in the absence of the relevant consent—

(a) subject to subsection (4), the contents of a document which relates to a nurse’s or midwife’s participation in a professional competence scheme to the extent that it does so relate, or

(b) subject to subsection (5), any deliberation, in relation to a nurse’s or midwife’s participation in a professional competence scheme, of a person.

(4) Neither subsection (1) nor subsection (3)(a) shall apply in the case of a document the subject of an allegation that it has not been made in good faith.

(5) Subsection (3)(b) shall not apply in the case of a deliberation the subject of an allegation that it has not been made in good faith.

103.. Investigation.

103.— (1) F87[The chief executive officer shall, at the request of the Minister, or may, of his or her] own initiative or upon a complaint made by a member of the public, investigate any case of an individual—

(a) who, not being a registered nurse or registered midwife, is suspected of practising or having practised nursing or midwifery in contravention of a provision of this Act, or

(b) who, not being a registered nurse or registered midwife, is suspected of claiming or having claimed to be a registered nurse or registered midwife in contravention of a provision of this Act.

(2) Where the F87[chief executive officer has carried out an investigation undersubsection (1), the chief executive officer shall, if he or she] has reasonable grounds to believe that the individual the subject of the investigation—

(a) is not a registered nurse or registered midwife, and

(b) either—

(i) is practising or has practised nursing or midwifery in contravention of a provision of this Act, or

(ii) is claiming or has claimed to be a registered nurse or registered midwife,

report the matter forthwith to the Garda Síochána and the Minister and may seek an injunction in the Court requiring the person to cease the activities F87[the chief executive officer reasonably] believes to be in contravention of this Act.

103A.. F88[Admissibility of certain documents relating to proceedings in other jurisdictions.

103A.(1) In any proceedings under this Act concerning a nurse or midwife, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

(2) In any proceedings under this Act concerning a nurse or midwife, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

(3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

(4) In this section—

"final determination", in relation to any relevant proceedings and a nurse or 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 document", in relation to a nurse or midwife, means any of the following:

(a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

(b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

(c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the nurse or midwife in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the nurse or midwife after the final determination of the proceedings;

(d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the nurse or midwife in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

"relevant proceedings", in relation to a nurse or midwife, means any disciplinary or judicial proceedings (other than 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.]

104.. Prosecution of offences.

104.— (1) Summary proceedings for an offence under this Act may be prosecuted by the Board.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time within 2 years from the date of the alleged commission of the offence.

105.. Power to specify forms.

105.— (1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

(2) The relevant body’s power under subsection (1) may be exercised in such a way as to—

(a) include in the specified form of any document referred to in that subsection a statutory declaration—

(i) to be made by the person completing the form, and

(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

F89[(2A) The relevant body’s power undersubsection (1)may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.]

(3) A form specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) accompanied by such documents as are specified in the form, and

(c) if the completed form is required to be provided to—

(i) the relevant body,

(ii) another person on behalf of the relevant body, or

(iii) any other person,

so provided in the manner, if any, specified in the form.

(4) Without prejudice to the generality of subsection (1), the Board may—

(a) specify a form to be completed by a registered nurse or registered midwife, or a person who wishes to practise nursing or midwifery, in connection with the payment by the nurse or midwife of any fee determined under section 38(1),

(b) in that form, require the registered nurse or registered midwife to supply the Board with such information that the nurse or midwife would have to supply the Board if he or she were not registered but were seeking registration (including information about any relevant medical disability F89[or material matter]).

(5) In this section, “relevant body” means—

(a) subject to paragraph (b), the Board, and

(b) in relation to a function under this Act performed by a committee of the Board, that committee.

106.. Construction of references.

106.— (1) Every reference to a midwife contained in any enactment, any statutory instrument or any other document shall be construed as a reference to a registered midwife.

(2) Every reference to a nurse contained in any enactment, any statutory instrument or any other document shall, unless the context otherwise requires, be construed as a reference to a registered nurse.

(3) Every reference to An Bord Altranais or Bord Altranais agus Cnáimhseachais na hÉireann contained in any enactment, any statutory instrument or any other document shall be construed as a reference to the Board.

(4) Every reference to the register of nurses contained in any enactment, any statutory instrument or any other document shall be construed as a reference to the register of nurses and midwives.

106A.. F90[Notifications under Act.

106A.(1) Where the Board, the Preliminary Proceedings Committee, the Fitness to Practise Committee or the chief executive officer is required or authorised under this Act to notify a registered nurse, former registered nurse, registered midwife, former registered midwife, registered candidate or former registered candidate of a decision or other matter concerning the person, the notification shall be sent by pre-paid post or electronically to him or her at the address stated in the register of nurses or midwives or candidate register (as the case may be) in which his or her name is or was (as the case may be) entered.

(2) Where the Board or the chief executive officer is required or authorised under this Act to notify a person (not being a registered nurse, former registered nurse, registered midwife, former registered midwife, registered candidate or former registered candidate) who has made an application under this Act of a decision or other matter concerning the application, the notification shall be sent by pre-paid post or electronically to the person at the address stated in the application.

(3) Where a notification under this Act has been sent to a person in accordance withsubsection (1)or(2), the notification shall be deemed, in the absence of evidence to the contrary, to have been duly delivered to the person on the 3rd working day after the day on which it was so sent.]

107.. Amendment of Freedom of Information Act 1997.

107.— The Freedom of Information Act 1997 is amended—

(a) in the First Schedule—

(i) by substituting “Bord Altranais agus Cnáimhseachais na hÉireann” for “An Bord Altranais”, and

(ii) by deleting “The National Council for the Professional Development of Nursing and Midwifery”,

and

(b) in the Third Schedule—

(i) by inserting “Nurses and Midwives Act 2011” in the second column of Part 1, and

(ii) by inserting “Section 17” in the third column of that Part.

108. F91[Special measures registration having regard to Covid-19

108.(1) A previous registrant may make an application to the Board to be registered in the register of nurses and midwives pursuant to this section.

(2) Subject tosubsections (3)to(7), the provisions of this Act shall, with all necessary modifications, apply to—

(a) asection 108registration as they apply to a registration in the register of nurses and midwives effected by another section of this Act, and

(b) asection 108registrant as they apply to a registered nurse or registered midwife, as appropriate, who is not asection 108registrant.

(3) No fee shall be charged for, or relating to—

(a) asection 108application, or

(b) asection 108registration or the retention of such registration.

(4) Where a previous registrant’s name is entered in the register of nurses and midwives pursuant to asection 108registration, the Board shall enter in that register, or cause to be entered in that register, the term "(section 108registration)" immediately after the name to indicate that his or her registration arises from the operation of this section.

(5) (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register of nurses and midwives pursuant to the operation of another section of this Act, whether or not his or her name is already entered in that register pursuant to asection 108registration.

(b) Where a previous registrant’s name is entered in the register of nurses and midwives pursuant to the operation of this Act (other than this section) when his or her name is already entered in that register pursuant to asection 108registration, the Board shall remove from that register, or cause to be removed from that register, the latter entry at the same time as the first-mentioned entry is made.

(c) The refusal of asection 108registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered in the register of nurses and midwives.

(6) (a) Subject tosubsection (7), eachsection 108registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

(b) The Board shall remove from the register of nurses and midwives, or cause to be removed from that register, on the date referred to inparagraph (a), or as soon as is practicable thereafter, each name that was entered in that register pursuant to asection 108registration.

(7) (a) The Minister may, by order, specify a different date for the purposes ofsubsection (6)(including a different date for a previous different date specified in an order made under this paragraph), and if the Minister so specifies, that subsection shall be construed, with all necessary modifications, to take account of that first-mentioned date.

(b)Section 3(3)shall, with all necessary modifications, apply to an order made underparagraph (a)as that section applies to a regulation made under this Act.

(8) In this section—

"previous registrant" means a former registered nurse or former registered midwife, as appropriate, whose name was removed from the register of nurses and midwives pursuant tosection 50or77;

"section 108application" means an application undersubsection (1);

"section 108registrant" means a registered nurse or registered midwife, as appropriate, who is such pursuant to—

(a) the Board’s determination of asection 108application, or

(b) a decision (howsoever called) of the Court arising from the Board’s determination of asection 108application;

"section 108registration" means registration in the register of nurses and midwives pursuant to—

(a) the Board’s determination of asection 108application, or

(b) a decision (howsoever called) of the Court arising from the Board’s determination of asection 108application.]