Nurses and Midwives Act 2011

24.

Committees of Board.

24.— (1) Subject to subsections (2) to (18), the Board may establish committees of the Board to perform any functions that, in the opinion of the Board, may be better or more conveniently performed by a committee and that are assigned by the Board to a committee.

(2) Without prejudice to the generality of subsection (1), the Board shall establish—

( a) a committee, to be known as the Preliminary Proceedings Committee, to give initial consideration to complaints, and

( b) a committee, to be known as the Fitness to Practise Committee, to inquire into complaints,

to perform the functions under Parts 7, 8 and 9 that are respectively assigned to the committees.

(3) Without prejudice to the generality of subsection (1), the Board shall establish a committee to be known as the Midwives Committee to provide advice to the Board in relation to all matters pertaining to midwifery practice, which the Board shall consider when performing functions in relation to midwifery practice, consisting of at least 8 members, including the following persons:

( a) two registered midwives, each of whom is a member of the Board;

( b) at least 6 other persons appointed by the Board, including the following persons:

(i) 2 midwives, including one who may be a self-employed community midwife;

(ii) a registered medical practitioner registered in the Specialist Division in relation to obstetrics and gynaecology under the Medical Practitioners Act 2007;

(iii) a registered nurse who is a member of the Board;

(iv) two persons, each of whom, in the opinion of the Board, is representative of the public interest and each of whom is not and never has been a registered nurse or registered midwife in the State or a nurse or midwife in another jurisdiction.

(4) Without prejudice to the generality of subsection (1), the Board may establish a committee, to be known as the Education and Training Committee, to perform such of the Board’s functions regarding education and training of nurses, midwives and candidates as are assigned by the Board to the Committee.

(5) Without prejudice to the generality of subsection (1), the Board may establish a committee, to be known as the Health Committee, to perform such functions as are specified by the Board in support of—

( a) registered nurses and registered midwives with relevant medical disabilities, and

( b) registered nurses and registered midwives who have given consents under F10 [ section 57A(1)(d) or 65(1)(d) ] .

(6) Subject to subsections (3) and (7) to (12), a committee may include in its membership persons who are not members of the Board.

(7) The chairperson of each of the Preliminary Proceedings Committee and the Fitness to Practise Committee shall, at the time of appointment, be a member of the Board other than the President or Vice-President of the Board.

(8) No person shall be a member of both the Preliminary Proceedings Committee and the Fitness to Practise Committee at the same time.

(9) At least one third of the members of the Preliminary Proceedings Committee, including the chairperson, shall, at the time of appointment, be members of the Board, and the majority of the membership of that committee shall consist of persons who are not and never have been registered nurses or registered midwives in the State or nurses or midwives in another jurisdiction.

(10) At least one third of the members of the Fitness to Practise Committee, including the chairperson, shall, at the time of appointment, be members of the Board, and the majority of the membership of that committee shall consist of persons who are not and never have been registered nurses or registered midwives in the State or nurses or midwives in another jurisdiction.

(11) Subject to F11 [ subsections (9) , (10) and (11A) ]

( a) there shall be at least one nurse and one midwife on each of the Preliminary Proceedings Committee and the Fitness to Practise Committee, and

( b) at least one third of the membership of each of the Preliminary Proceedings Committee and the Fitness to Practise Committee shall consist of persons who are either registered nurses or registered midwives.

F12 [ (11A) Paragraph (a) of subsection (11) shall not apply to the Fitness to Practise Committee except in relation to the Committee s inquiry into a complaint the hearing of which under section 63 has commenced before the date of coming into operation of section 146 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020. ]

(12) A member of a committee established under this section shall serve on the committee on such terms (including term of office, removal and resignation) as the Board determines.

(13) Where the term of office of one or more members of a committee ends during the consideration of a matter, including the consideration of a complaint under Part 7 or 8, the Board shall decide—

( a) that the member or members may continue in office beyond the expiration of his or her term, or their terms, for so long as is required for the committee to finish consideration of the matter concerned,

( b) that the committee concerned, as constituted without that member or those members, shall continue to consider the matter, or

( c) that the consideration of the matter be stopped and that a newly constituted committee begin to consider the matter once the vacancy or vacancies created by the expiration of the term or terms has or have been filled,

and any decision of the committee on that matter following the Board’s decision shall be as valid as if no term of office had so expired.

(14) On the expiration of the term of office as a Board member of a person who is a member of a committee referred to in subsection (7), (9) or (10), that member shall continue in office as a member of the committee beyond the expiration of the term so long as is required for the committee to finish the consideration of a matter being considered by it on the date of that expiration, and the decision of the committee on the matter concerned shall be as valid as if the term of office as a member of the Board had not expired.

(15) The acts of a committee (except the Preliminary Proceedings Committee or the Fitness to Practise Committee) shall be subject to confirmation by the Board unless the Board dispenses with the necessity for such confirmation.

(16) The Board may, subject to the provisions of this Act, regulate the procedure of a committee but, subject to any such regulation, the committee may regulate its own procedure.

(17) The Board may dissolve a committee other than the Preliminary Proceedings Committee or the Fitness to Practise Committee.

(18) The members of the Preliminary Proceedings Committee and the Fitness to Practise Committee, in performing the functions under this Act respectively conferred on—

( a) the members in their capacity as such members, or

( b) the committee of which they are members,

shall have the same protection and immunity as a judge of the Court performing the functions of a judge.

(19) Where the Board establishes a subcommittee of any committee established under this section, that subcommittee may perform any of the functions of the committee concerned as if it were that committee, and every reference in this Act to that committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

F13 [ (20) ( a ) Subject to paragraph (c) , where a subcommittee of the Preliminary Proceedings Committee is established pursuant to rules made under section 13 , that subcommittee may perform any of the functions of that Committee, and every reference in this Act to the Preliminary Proceedings Committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

( b ) Subject to paragraph (c) , where a subcommittee of the Fitness to Practise Committee is established pursuant to rules made under section 13 , that subcommittee may perform any of the functions of that Committee, and every reference in this Act to the Fitness to Practise Committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

( c ) Neither paragraph (a) nor (b) shall be construed as entitling a subcommittee referred to in that paragraph to itself establish a subcommittee. ]

Annotations:

Amendments:

F10

Substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 146(a), S.I. No. 409 of 2021.

F11

Substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 146(b), S.I. No. 409 of 2021.

F12

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 146(c), S.I. No. 409 of 2021.

F13

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 146(d), S.I. No. 409 of 2021.