Nurses and Midwives Act 2011

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

103A.

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. ]

Annotations:

Amendments:

F88

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 183, S.I. No. 409 of 2021.

Editorial Notes:

E34

The section heading is taken from the amending section in the absence of one included in the amendment.