Nurses and Midwives Act 2011

PART 1

Preliminary and general

1.

Short title and commencement.

1.— (1) This Act may be cited as the Nurses and Midwives Act 2011.

(2) This Act shall come into operation on the day or days that the Minister may appoint by order either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) An order under subsection (2) may, in respect of the repeal of the Act of 1985, and the revocation of the statutory instruments, effected by section 4 , appoint different days for the repeal of different provisions of that Act and the revocation of different provisions of those statutory instruments.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (25.06.2018) by Nurses and Midwives Act 2011 (Commencement) Order 2018 (S.I. No. 213 of 2018).

2. The 25th day of June 2018 is appointed as the day on which section 4(2) of the Nurses and Midwives Act 2011 (No. 41 of 2011) shall come into operation.

E3

Power pursuant to section exercised (1.01.2015) by Nurses and Midwives Act 2011 (Commencement) Order 2014 (S.I. No. 609 of 2014).

2. The 1st day of January 2015 is appointed as the day on which sections 42 and 43 of the Nurses and Midwives Act 2011 (No. 41 of 2011) shall come into operation.

E4

Power pursuant to section exercised (2.10.2012 and 3.10.2012) by Nurses and Midwives Act 2011 (Commencement) (No. 2) Order 2012 (S.I. No. 385 of 2012).

2. The 2nd day of October 2012 is appointed as the day on which the following provisions of the Nurses and Midwives Act 2011 (No. 41 of 2011) shall come into operation:

( a) section 3;

( b) section 4(1) in so far as it relates to the repeal of the provisions of the Nurses Act 1985 (No. 18 of 1985) specified in the Schedule to this Order;

( c) section 5;

( d) Part 2 other than sections 9(2)( g)(ii) and 17(3);

( e) Part 3;

( f) Part 4 in so far as it is not already in operation;

( g) Part 5 other than section 37(2)( a);

( h) sections 46 to 54;

( i) Part 7 other than subsection (1)( b) (in so far as it relates to a professional competence scheme), and subsection (2)( d), of section 59;

( j) Part 8 other than subsections (5) and (6) of section 64 and section 65(1)( b);

( k) Part 9;

( l) sections 85 and 86;

( m) subsections (1) and (4) (in so far as that subsection applies to the said subsection (1)) of section 102;

( n) sections 104 to 107; and

( o) Schedule.

3. The 3rd day of October 2012 is appointed as the day on which section 17(3) and subsections (5) and (6) of section 64 of the Nurses and Midwives Act 2011 shall come into operation.

SCHEDULE

PROVISIONS OF NURSES ACT 1985 REPEALED

( a) Part II,

( b) Part III,

( c) Part IV,

( d) section 48,

( e) sections 50 to 56, and

( f) Second Schedule.

E5

Power pursuant to section exercised (26.07.2012) by Nurses and Midwives Act 2011 (Commencement) Order 2012 (S.I. No. 275 of 2012).

2. The 26th day of July 2012 is appointed as the day on which the following provisions of the Nurses and Midwives Act 2011 shall come into operation:

( a) paragraph ( a) of section 22(1) in so far only as that paragraph provides for the specification by the Minister of procedures for the compilation of lists of names of registered nurses and registered midwives from which 2 members of the Board are to be chosen by the Minister;

( b) paragraph ( b) of section 22(1) in so far only as that paragraph provides for the specification by the Minister of procedures for the compilation of a list of names of Directors of Nursing and Directors of Midwifery by the Health Service Executive from which one member of the Board shall be chosen by the Minister and for the compilation of that list;

( c) paragraph ( c) of section 22(1) in so far only as that paragraph provides for the specification by the Minister of procedures for the election of 8 registered nurses or registered midwives by registered nurses and registered midwives for appointment to the Board and for the holding of that election;

( d) paragraph ( d) of section 22(1) in so far only as that paragraph provides for the nomination by the Medical Council of one person for appointment to the Board;

( e) paragraph ( e) of section 22(1) in so far only as that paragraph provides for the nomination by the Minister for Education and Skills of one person for appointment to the Board;

( f) paragraph ( f) of section 22(1) in so far only as that paragraph provides for the nomination by the Health Service Executive of 2 persons for appointment to the Board;

( g) paragraph ( g) of section 22(1) in so far only as that paragraph provides for the nomination by the Health and Social Care Professionals Council of one person for appointment to the Board;

( h) paragraph ( h) of section 22(1) in so far only as that paragraph provides for the nomination by the Health Information and Quality Authority of one person for appointment to the Board; and

( i) paragraph ( j) of section 22(1) in so far only as that paragraph provides for the Minister to engage in such consultations as he or she considers appropriate for the purposes of forming the opinion referred to in that paragraph regarding the appointment to the Board of the 5 persons referred to in that paragraph.

E6

Power pursuant to section exercised (1.01.2012) by Nurses and Midwives Act 2011 (Commencement) Order 2011 (S.I. No. 715 of 2011).

2. The 1st day of January 2012 is appointed as the day on which the following provisions of the Nurses and Midwives Act 2011 (No. 41 of 2011) shall come into operation:

(a) sections 1 and 2;

(b) Part 12.