Nurses and Midwives Act 2011

2.

Interpretation.

2.— (1) In this Act—

“Act of 1985” means the Nurses Act 1985;

F1 [ allegation , in relation to a complaint, means an allegation

( a ) arising out of the complaint, and

( b ) which falls within one or more than one of the grounds specified in section 55(1) ; ]

“An tÚdarás” means An tÚdarás um Ard-Oideachas;

“appropriate fee”, in relation to a provision of this Act, means the fee F1 [ (if any) ] determined under section 38 (1) that is appropriate for that provision;

F1 [ authorised officer means a member of the staff of the Board appointed under section 56(1) to be an authorised officer to perform the functions specified under section 56(2) ; ]

“Board” means the Board established by section 6 of the Act of 1985 and continued and renamed by section 6(1) ;

“candidate” means a person who is following a course of study or a period of adaptation leading to first time registration with the Board;

“candidate register” means the register established under section 46(1)(b) ;

“chief executive officer” means the chief executive officer of the Board appointed under section 28 ;

“complaint” means a complaint under section 55(1) ;

“conditions” includes terms F1 [ and restrictions ];

“Court” means the High Court;

F2 [ Directive 2005/36/EC has the meaning assigned to Directive in Regulation 3(1) of the Regulations of 2017; ]

“decision”, in relation to an appeal under section 52 , F1 [ 52A , ] 73 , 81 or 86 , includes part of a decision;

“Fitness to Practise Committee” means the committee established under section 24(2)(b) ;

F1 [ health or social care , in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession; ]

“inquiry” means an inquiry into a complaint by the Fitness to Practise Committee pursuant to a referral under section 61 ;

F1 [ investigation , in relation to a complaint, means an investigation referred to in section 56A(1) ;

investigation report , in relation to a complaint, means a report referred to in section 56A(3) following the investigation of the complaint; ]

“local authority” has the same meaning as it has in the Local Government Act 2001;

F1 [ material matter , in relation to a person (howsoever described), means

( a ) any of the following taken by any regulatory body (whether in or outside the State), other than the Board, in relation to the provision of one or more than one kind of health or social care by the person:

(i) the imposition of conditions (other than relevant conditions) on any registration or licence;

(ii) the suspension, withdrawal or removal of any registration or licence;

(iii) the refusal to grant registration or a licence,

or

( b ) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment; ]

“midwives division” means that division of the register of nurses and midwives referred to in section 46(2)(b) ;

“Minister” means the Minister for Health;

“nurses division” means that division of the register of nurses and midwives referred to in section 46 (2)(a) ;

“poor professional performance”, in relation to a nurse or midwife, means a failure by the nurse or midwife to meet the standards of competence (whether in knowledge and skill or the application of knowledge and skill or both) that can reasonably be expected of a registered nurse or registered midwife, as the case may be, carrying out similar work;

“Preliminary Proceedings Committee” means the committee established under section 24 (2)(a) ;

“professional competence scheme” means a scheme established under section 89(1) ;

“published in the prescribed manner”, in relation to any document or information (howsoever described), means the document or information, as the case may be—

( a) is published on an internet website of the Board (including part of such a website) to which access is readily available by members of the public and where anything published is readily available for inspection by members of the public, and

( b) is available for inspection, at the offices of the Board and at all reasonable times, by members of the public;

“register of nurses and midwives” means the register of nurses and midwives established under section 46(1)(a) ;

“registers establishment day” shall be construed in accordance with section 47(1) ;

“register of nurses” means the register established under section 27 of the Act of 1985;

F1 [ registered address

( a ) in relation to a registered nurse or registered midwife, means the address specified in the register of nurses and midwives as the nurse s or midwife s address, and

( b ) in relation to a registered candidate, means the address specified in the candidate register as the candidate s address;

registered candidate means a candidate whose name is entered in the candidate register; ]

“registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007 ;

“registered midwife”—

( a) before the registers establishment day, means a midwife whose name is entered in the midwives division of the register of nurses within the meaning of the Act of 1985, and

( b) on and after the registers establishment day, means a midwife whose name is entered in the midwives division of the register of nurses and midwives;

“registered nurse”—

( a) before the registers establishment day, means a nurse whose name is entered in the register of nurses within the meaning of the Act of 1985, and

( b) on and after the registers establishment day, means a nurse whose name is entered in the nurses division of the register of nurses and midwives;

F3 [ ]

F4 [ Regulations of 2017 means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ); ]

“relevant condition”, in relation to a registered nurse or registered midwife, means any condition attached to the registration of the nurse or midwife pursuant to—

( a) section 51 ,

( b) a decision confirmed or given under F1 [ section 52(4) or 52A(4) ] ,

( c) a decision confirmed or given under section 73 or 74 ,

( d) section 79(3) , or

( e) a decision confirmed or given under section 81(3) ;

F1 [ relevant medical disability , in relation to a person, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair his or her ability to practise nursing or midwifery or a particular aspect thereof; ]

F1 [ relevant profession means any of the following professions:

( a ) dentist;

( b ) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 ;

( c ) medical practitioner;

( d ) midwife;

( e ) nurse;

( f ) pharmacist;

restriction includes a condition; ]

“rules” means rules made under section 13 ;

“third country” means a state other than the State or another Member State.

(2) For the avoidance of doubt, it is hereby declared and recognised that midwifery is a separate profession to nursing.

F5 [ (3) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Board of its functions under the Regulations of 2017 as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned. ]

Annotations

Amendments:

F1

Inserted and substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 144(a)(i)-(vi), S.I. No. 409 of 2021.

F2

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 93(a)(i), in effect as per reg. 2.

F3

Deleted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 93(a)(ii), in effect as per reg. 2.

F4

Inserted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 93(a)(iii), in effect as per reg. 2.

F5

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 144(b), S.I. No. 409 of 2021.

Editorial Notes:

E7

Previous affecting provision: subs. (1) amended (13.01.2014) by European Union (Recognition of Professional Qualifications relating to the Professions of Dentist, Medical Practitioner, Nurse and Midwife) Regulations 2014 (S.I. No. 7 of 2014), reg. 4; deleted as per F-note above.