REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2020

155. Appeal to Court against certain decisions of Board - candidates

155. The Act of 2011 is amended by the insertion of the following section after section 52:

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

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

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

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

  • (a) either—

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

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

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

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

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

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

      or

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

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

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

156. Declarations by registered nurses, etc., in relation to certain matters in State or other jurisdictions, etc.

156. The Act of 2011 is amended by the insertion of the following section before section 53:

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

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

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

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

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

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

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

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

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

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

• (7)

  • (a) A registered nurse or registered midwife shall comply with a notice under subsection (6) given to the nurse or midwife.

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

• (8) In this section—

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

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

- (b) if such an appeal is made—

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

    - (ii) the determination of the appeal,

      whichever first occurs;

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

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

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

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

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

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

  ‘sanction’ includes any restriction or measure.”.

157. Amendment of section 53 of Act of 2011

157. Section 53 of the Act of 2011 is amended by the deletion of subsection (7).

158. Board may request certain information concerning registered nurses, etc., from certain bodies in State or other jurisdictions

158. The Act of 2011 is amended by the insertion of the following section after section 53:

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

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

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

• (2) In this section—

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

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

159. Amendment of section 55 of Act of 2011

159. Section 55 of the Act of 2011 is amended—

• (a) in subsection (1) —

• (i) by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

• (ii) by the insertion of the following paragraph after paragraph (e):

• “(ea) the imposition on the nurse or midwife of—

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

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

and

• (iii) in paragraph (f), by the substitution of “section 57A(1) or 65(1)” for “section 65(1)”,

• (b) by the insertion of the following subsections after subsection (2):

• “(2A)

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

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

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

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

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

• (2B) Subject to subsection (2C), where the chief executive officer receives a complaint, he or she shall comply with section 56A in respect of the complaint unless— (a) he or she is satisfied that the complaint is not made in good faith, or

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

• (2C) Subsection (2B) shall not apply to a complaint where the Board is the complainant. (2D) Where the chief executive officer decides that a complaint falls within subsection (2B)(a) or (b), he or she shall give notice in writing to the complainant (and, if the chief executive officer is of the opinion that it is in the interests of the complainant, or the registered nurse or registered midwife to whom the complaint relates, or of both, to do so, to such nurse or midwife) of the decision and the reasons for the decision.”, (c) in subsection (3) —

• (i) by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

• (ii) in paragraph (a), by the substitution of “the chief executive officer, the Preliminary Proceedings Committee” for “the Committee”, and

• (iii) by the substitution of the following paragraph for paragraph (b):

• “(b) the authorised officers act expeditiously, and”,

• (d) by the insertion of the following subsection after subsection (3):

• “(3A) The chief executive officer may, in relation to the complaint concerned, inform, in addition to the complainant, other parties to the proceedings under this Act concerning the complaint, of the decisions referred to in subsection (3)(a).”,

• (e) by the deletion of subsection (4),

• (f) in subsection (5), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

• (g) in subsection (6) —

• (i) in paragraph (a)(i), by the substitution of “a person who has permanently ceased to be a fit and proper person to continue to practise nursing or midwifery in the State” for “permanently unfit to continue to practise nursing or midwifery”, and

• (ii) in paragraph(b), by the substitution of “chief executive officer and direct that officer”, for “Preliminary Proceedings Committee and direct the Committee”,

• (h) in subsection (8), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”, and

• (i) by the insertion of the following subsection after subsection (8):

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

160. Amendment of section 56 of Act of 2011

160. Section 56 of the Act of 2011 is amended—

• (a) by the substitution of the following subsections for subsections (1) and (2):

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

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

• (b) in subsection (3) —

• (i) by the substitution of the following paragraphs for paragraph (a):

• “(a) investigating complaints,

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

and

• (ii) by the substitution of the following paragraphs for paragraphs (d) to (f):

• “(d) reporting to the chief executive officer;

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

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

• (c) in subsection (4) —

• (i) by the substitution of “An authorised officer” for “A person appointed under subsection (1)”,

• (ii) in paragraph (a), by the deletion of “or take affirmations”, and

• (iii) in paragraph (b), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

• (d) in subsection (5), by the substitution of “An authorised officer” for “A person appointed under subsection (1)”,

• (e) by the substitution of the following subsection for subsection (6):

• “(6) The chief executive officer shall provide each authorised officer with a warrant—

  • (a) identifying the authorised officer, and

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

and

• (f) by the substitution of the following subsection for subsection (7):

• “(7) Where an authorised officer performs a function specified in that authorised officer’s warrant provided under subsection (6), the authorised officer shall produce the warrant for inspection at the request of a person in respect of whom the function is performed.”.

161. Investigation of complaints

161. The Act of 2011 is amended by the insertion of the following section after section 56:

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

• (2)

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

  • (b) References to a complaint in this section (other than subsection (10)), in the definitions of ‘allegation’ and ‘inquiry’ in section 2 and in sections 9(2)(i), 13(2)(h), 24(2), 50(3)(a), 57A, 63, 65 to 69 and 77(2) shall be construed as including references to any of the matters referred to in paragraph (a).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

162. Amendment of section 57 of Act of 2011

162. Section 57 of the Act of 2011 is amended—

• (a) in subsection (1), by the insertion of “and the investigation report and any other information from the chief executive officer” after “receiving a complaint”,

• (b) in subsection (2) —

• (i) by the substitution of “the investigation of the complaint and the investigation report and other information as it considers” for “its investigation of the complaint as it considers”, and

• (ii) by the substitution of “57A to 63” for “58 to 63”,

• (c) by the deletion of subsections (4) to (9),

• (d) by the insertion of the following subsections after subsection (10):

• “(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.”,

• (e) in subsection (11), by the deletion of “, with the Board’s agreement”, and

• (f) in subsection (12), by the insertion of “and the other provisions of section 64 (including subsections (4) to (6)) shall, with all necessary modifications, be construed accordingly” after “chairperson of the Fitness to Practise Committee”.

163. Undertakings and consents

163. The Act of 2011 is amended by the insertion of the following section after section 57:

“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.”.

164. Amendment of section 58 of Act of 2011

164. Section 58 of the Act of 2011 is amended by the insertion of the following subsection after subsection (4):

• “(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.”.

165. Amendment of section 59 of Act of 2011

165. Section 59 of the Act of 2011 is amended—

• (a) in subsection (1)(b), by the deletion of “or to a professional competence scheme”, and

• (b) in subsection (2) —

• (i) in paragraph (b), by the substitution of “complaint” for “complainant”, and

• (ii) in paragraph (d), by the insertion of “nurse or midwife the subject of the” after “refer the”.

166. Amendment of section 61 of Act of 2011

166. Section 61 of the Act of 2011 is amended, in subsection (1) —

• (a) by the substitution of “Subject to section 57A(2)(b), where” for “Where”, and

• (b) by the insertion of “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” after “Fitness to Practise Committee”.

167. Fitness to Practise Committee may order that certain information not be published

167. The Act of 2011 is amended by the insertion of the following section after section 63:

“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.”.

168. Amendment of section 65 of Act of 2011

168. Section 65 of the Act of 2011 is amended, in subsection (1), by the deletion of “, with the agreement of the Board,”.

169. Amendment of section 66 of Act of 2011

169. Section 66 of the Act of 2011 is amended by the deletion of “, with the Board’s agreement”.

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

170. The Act of 2011 is amended, in Part 9, by the insertion of the following section before section 69:

“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.”.

171. Amendment of section 70 of Act of 2011

171. Section 70 of the Act of 2011 is amended, in subsection (2)(a), by the substitution of “a person who is not a fit and proper person to practise nursing or midwifery” for “unfit to continue to practise nursing or midwifery”.

172. Amendment of section 71 of Act of 2011

172. Section 71 of the Act of 2011 is amended by the substitution of the following subsection for subsection (2):

• “(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.”.

173. Amendment of section 72 of Act of 2011

173. Section 72 of the Act of 2011 is amended—

• (a) by renumbering the existing section as subsection (1),

• (b) in subsection (1), by the substitution of “not being a sanction referred to in section 69(1)(a) or arising from measures referred to in section 69(2)” for “other than a sanction referred to in section 69(1)(a) or (2)”, and

• (c) by the insertion of the following subsection after subsection (1):

• “(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.”.

174. Amendment of section 73 of Act of 2011

174. Section 73 of the Act of 2011 is amended, in subsection (1), by the substitution of “(other than a sanction arising from measures referred to in section 69(2))” for “(other than a sanction referred to in section 69(1)(a) or (2))”.

175. Amendment of section 74 of Act of 2011

175. Section 74 of the Act of 2011 is amended—

• (a) in subsection (1), by the substitution of “or arising from measures referred to in section 69(2)” for “or (2)”, and

• (b) in subsection (3), by the insertion of “and direct how the costs of the application are to be borne” after “to do so”.

176. Amendment of section 77 of Act of 2011

176. Section 77 of the Act of 2011 is amended by the insertion of the following subsection after subsection (1):

• “(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.”.

177. Amendment of section 82 of Act of 2011

177. Section 82 of the Act of 2011 is amended—

• (a) in subsection (1) —

• (i) by the substitution of “the Health Service Executive and such other persons as it thinks fit” for “the Minister and the Health Service Executive”, and

• (ii) by the substitution of the following paragraphs for paragraph (k):

• “(k) the censuring of a registered nurse or registered midwife;

• (l) the advisement or admonishment of a registered nurse or registered midwife.”,

• (b) in subsection (2) —

• (i) by the substitution of “paragraphs (a) to (l)” for “paragraphs (a) to (k)”,

• (ii) by the insertion of “if satisfied that it is in the public interest to do so and” after “shall,”, and

• (iii) by the deletion of “the Minister and”,

• (c) in subsection (3), by the insertion of “(if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so)” after “shall”, and

• (d) by the substitution of the following subsections for subsection (4):

• “(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.”.

178. Amendment of section 83 of Act of 2011

178. Section 83 of the Act of 2011 is amended—

• (a) by renumbering the existing section as subsection (1),

• (b) in subsection (1) —

• (i) by the substitution of “(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)” for “, if satisfied that it is in the public interest to do so”, and

• (ii) by the substitution of the following paragraph for paragraph (b):

• “(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).”,

and

• (c) by the insertion of the following subsection after subsection (1):

• “(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.”.

179. Amendment of section 85 of Act of 2011

179. Section 85 of the Act of 2011 is amended, in subsection (2)(a)(i), by the insertion of “where appropriate,” before “approve, approve subject to conditions”.

180. Amendment of section 87 of Act of 2011

180. Section 87 of the Act of 2011 is amended, in subsection (4), by the substitution of “section 57A(1) or 65(1)” for “section 65(1)”.

181. Amendment of section 102 of Act of 2011

181. Section 102 of the Act of 2011 is amended by the insertion of the following subsection after subsection (1):

• “(1A) In any action for defamation, the proceedings, reports and communications of the chief executive officer under any of Parts 7, 8 and 9 are absolutely privileged.”.

182. Amendment of section 103 of Act of 2011

182. Section 103 of the Act of 2011 is amended—

• (a) in subsection (1), by the substitution of “ The chief executive officer shall, at the request of the Minister, or may, of his or her” for “ The Board shall, at the request of the Minister, or may of its”, and

• (b) in subsection (2) —

• (i) by the substitution of “chief executive officer has carried out an investigation under subsection (1), the chief executive officer shall, if he or she” for “Board has carried out an investigation under subsection (1), the Board shall, if it”, and

• (ii) by the substitution of “the chief executive officer reasonably” for “the Board reasonably”.

183. Admissibility of certain documents relating to proceedings in other jurisdictions

183. The Act of 2011 is amended by the insertion of the following section after section 103:

“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.”.

184. Amendment of section 105 of Act of 2011

184. Section 105 of the Act of 2011 is amended—

• (a) by the insertion of the following subsection after subsection (2):

• “(2A) The relevant body’s power under subsection (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.”,

and

• (b) in subsection (4)(b), by the insertion of “or material matter” after “medical disability”.

185. Notifications under Act

185. The Act of 2011 is amended by the insertion of the following section after section 106:

“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 with subsection (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.”.

PART 7 Miscellaneous Amendments

186. Amendment of section 62 of Health Act 1953

186. Section 62 of the Health Act 1953 is amended, in subsection (1)(b), by the deletion of subparagraph (ii).

187. Amendment of section 35 of Health Identifiers Act 2014

187. Section 35 of the Health Identifiers Act 2014 is amended, in paragraph (e), by the insertion of “to be” before “guilty”.

188. Amendment of Children and Family Relationships Act 2015

188. The Children and Family Relationships Act 2015 is amended—

• (a) in section 4, by the insertion of the following definition:

“ ‘registered midwife’ means a person whose name is entered for the time being in the midwives division of the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011;”,

and

• (b) in section 25, in subsection (1)(b), by the insertion of “or registered midwife” after “registered nurse”.

Footnotes