42.— (1) Subject to subsections (2) and (3), the Minister may, after consulting the Board or pursuant to a recommendation of the Board, make regulations to designate for the purposes of this Act any title (including variants thereof and any combination of letters) to be used by any registered nurse or registered midwife, or class of registered nurses or registered midwives, as specified in the regulations.

(2) The Minister shall not exercise the power under subsection (1) to designate a title for the purposes of this Act unless—

(a) the Minister has given interested persons, organisations and other bodies an opportunity to make representations to the Minister concerning the proposed designation,

(b) subject to subsection (3), the Minister considers that it is appropriate and in the public interest that the title be so designated, and

(c) the regulations made in exercise of that power provide that a person who was, immediately before the commencement of the regulations, lawfully using the title but who, on that commencement, would contravene section 43(2) if the person continued to use the title, may continue to use the title for the period specified in the regulations (being a period reasonable in the circumstances but, in any case, not less than 6 months) without contravening that section.

(3) The Minister shall, in considering for the purposes of subsection (2)(b) whether it is appropriate and in the public interest that a specific title be designated for the purposes of this Act, have regard to—

(a) the extent to which any class of nurses or midwives has, in the opinion of the Board, a defined scope of practice and applies a distinct and recognised body of knowledge,

(b) the degree of risk to the health, safety or welfare of the public from the incompetent, unethical or impaired practice of any class of nurses or midwives, and

(c) any other factor that the Minister considers relevant.