45.— (1) Subject to subsection (2), an unregistered nurse or unregistered midwife shall not be entitled to charge or recover fees or outlays for professional services provided by her or him in the course of practising nursing or midwifery.

(2) Subsection (1) shall not apply to—

(a) professional services provided by an unregistered nurse or unregistered midwife at a time when the nurse or midwife was registered, or

(b) professional services provided by an unregistered nurse or unregistered midwife to the extent that they were provided in any of the circumstances specified in section 41.