Nurses and Midwives Act 2011

52.

Refusal of registration, etc., and appeal to Court against Board’s decision.

F27 [ 52. (1) In this section, relevant decision means a decision of the Board to

( a ) refuse to recognise a qualification held by a nurse or midwife as a qualification he or she is entitled to have registered under this Act,

( b ) register a nurse or midwife in a division of the register of nurses and midwives other than the division specified in the application under section 48 for registration,

( c ) attach conditions to the registration of a nurse or midwife pursuant to section 51 , or

( d ) refuse to register or restore the registration of a nurse or midwife pursuant to section 51A.

(2) Where the Board makes a relevant decision, the Board shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to that subsection, appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a person

( a ) either

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and substitute such other decision as the Court considers appropriate, which may be a decision to

(I) recognise a qualification held by the person as a qualification he or she is entitled to have registered under this Act,

(II) register or restore the registration of the person in such division of the register of nurses and midwives as the Court considers appropriate and with no conditions attached to the registration,

(III) register or restore the registration of the person

(A) in such division of the register of nurses and midwives as the Court considers appropriate, and

(B) with such conditions attached to the registration as the Court considers appropriate,

(IV) remove some or all, or replace some or all, of the conditions attached to the registration of the person, or

(V) require the Board to reconsider the decision in accordance with such directions as are given to the Board for the purposes of that reconsideration,

and

( b ) give the Board such directions or, in the case of paragraph (a)(ii)(V) , such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Board shall, on complying with a direction given by the Court under subsection (4) , give notice in writing to the nurse or midwife concerned of the Board s compliance with the direction. ]

Annotations:

Amendments:

F27

Substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 154, S.I. No. 409 of 2021.