Nurses and Midwives Act 2011

13.

Board’s power to make rules.

13.— (1) Subject to subsections (3), (4) and (5) , the Board—

( a) may, with the approval of the Minister, make rules for the purposes of the better operation of any provision of this Act, or

( b) at the request in writing of the Minister and in accordance with the request, shall make rules for the purposes of the better operation of any provision of this Act.

(2) Without prejudice to the generality of subsection (1), the Board may make rules under this section in relation to—

( a) the establishment, membership, functions and procedures of committees,

( b) the form and manner in which the register of nurses and midwives and the candidate register and their divisions are to be established and maintained,

( c) the details relating to nurses and midwives that, in addition to their names, are to be entered in the register of nurses and midwives or their certificates of registration or both,

( d) permits for the purposes of section 41(2) ,

( e) the manner in which appropriate fees are to be paid and the time limits for payment of appropriate fees for the retention of registration,

( f) the receiving and recording of evidence by the Preliminary Proceedings Committee or the Fitness to Practise Committee,

( g) the receiving of submissions by the Preliminary Proceedings Committee or the Fitness to Practise Committee,

( h) the establishment, membership, functions and procedures of subcommittees of committees including, in the case of the Fitness to Practise Committee, subcommittees inquiring, on behalf of that Committee, into different grounds founding a complaint,

( i) the register of nurses and midwives and the candidate register, and the divisions of those registers, including the setting of criteria relating to—

(i) appropriate qualifications, education and training, and relevant competencies of nurses or midwives registered or to be registered,

(ii) the possession of sufficient knowledge of the language or languages necessary to practise as a nurse or midwife in the State,

(iii) any requirement for relevant post registration experience or clinical experience of nurses or midwives, or

(iv) any other matter where, in the opinion of the Board, the setting of criteria relating to that matter is necessary or desirable for the protection of the public,

in relation to the assessment of applications for registration in any of those registers or divisions and for annotations of those registrations,

( j) the specification of examinations for the purposes of registration,

( k) the specification of grounds for the purposes of the restoration of a registration in the register of nurses and midwives or the candidate register, or a division of those registers,

( l) the setting of criteria for the purposes of education and training, including the setting of criteria relating to—

(i) persons seeking admission to education and training programmes,

(ii) bodies which may deliver education and training programmes, or

(iii) any other matter where, in the opinion of the Board, the setting of criteria relating to that matter is necessary or desirable for the protection of the public,

( m) the setting of criteria or conditions for persons who wish to practise nursing or midwifery after having not practised for a period specified in the rules, including the setting of criteria or conditions relating to—

(i) the education and training of those persons,

(ii) the possession of sufficient knowledge of the language or languages necessary to practise as a nurse or midwife in the State,

(iii) the manner of verifying that those persons possess the relevant competencies, or

(iv) any other matter where, in the opinion of the Board, the setting of criteria relating to that matter is necessary or desirable for the protection of the public,

( n) the specification of standard governance frameworks for midwives, including the requirement for indemnity insurance for midwives,

( o) any professional competence scheme, and

( p) any other matter relating to the Board’s functions.

(3) Without prejudice to the generality of subsection (2)(f) and (g), rules made under this section may specify—

( a) the form in which and the means by which evidence or submissions may be received by the Preliminary Proceedings Committee or the Fitness to Practise Committee, and

( b) the conditions subject to which evidence or submissions may be received by the Preliminary Proceedings Committee or the Fitness to Practise Committee, by means of a live video link, a video recording, a sound recording or any other mode of transmission.

(4) The Board shall ensure that—

( a) a draft of any rule (including a rule revoking or amending any other rule) that it proposes to make under this section is published in the prescribed manner,

( b) with the draft is published an invitation to members of the public, any organisation and any other body to comment on the draft before a date specified by the Board in the invitation, being a date reasonable in the circumstances, and

( c) without prejudice to the generality of paragraph (b), a copy of the draft of the rule is given to—

(i) the Minister,

(ii) the Health Service Executive, and

(iii) if the draft relates to a professional competence scheme, the Minister for Public Expenditure and Reform,

not later than the date on which the Board complies with paragraph (b) in respect of that draft.

(5) Subject to subsection (6), the Board, after considering any comments on a draft of a rule published pursuant to subsection (4)(a) received before the date specified in the invitation referred to in subsection (4)(b) which relates to the draft, may—

( a) make the rule in the form of the draft as published or with such changes as the Board determines, or

( b) decide not to make the rule.

(6) The Board shall not make rules under this section relating to a professional competence scheme except with the consent of the Minister and the Minister for Public Expenditure and Reform.

(7) The Board shall ensure that, as soon as is practicable after a rule is made under this section, the rule—

( a) is submitted for approval by the Minister, and

( b) if approved by the Minister, is published in the manner prescribed by the rules and submitted to the Minister for laying before each House of the Oireachtas.

(8) Every rule approved under subsection (7)(b) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which that House has sat after that rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(9) Notwithstanding the repeal of section 26 of the Act of 1985 by section 4 , where a rule was in force immediately before that repeal and dealt with any of the matters for which rules may be made under this section—

( a) the rule shall be deemed to be a rule made under this section until the Board makes a rule under this section that replaces it, and

( b) all formalities required by this section for the validity of rules and anything done under rules shall be deemed to have been complied with in relation to that rule.

Annotations:

Editorial Notes:

E8

Power pursuant to section exercised (25.06.2018) by Nurses and Midwives (Registration) Rules 2018 (S.I. No. 221 of 2018).

E9

Power pursuant to section exercised (25.06.2018) by Nurses and Midwives (Recognition of Professional Qualifications) Rules 2018 (S.I. No. 220 of 2018).

E10

Power pursuant to section exercised (25.06.2018) by Nurses and Midwives (Register of Nurses and Midwives) Rules 2018 (S.I. No. 219 of 2018).

E11

Power pursuant to section exercised (25.06.2018) by Nurses and Midwives (Education and Training) Rules 2018 (S.I. No. 218 of 2018).

E12

Power pursuant to section exercised (25.06.2018) by Nurses and Midwives (Candidate Register) Rules 2018 (S.I. No. 217 of 2018).

E13

Power pursuant to section exercised (12.11.2013) by Nurses and Midwives Rules 2013 (S.I. No. 435 of 2013).