Nurses and Midwives Act 2011

F29 [ Declarations by registered nurses, etc., in relation to certain matters in State or other jurisdictions, etc.

52B.

52B. ... ]

Annotations:

Amendments:

F29

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 156, not commenced as of date of revision.

Modifications (not altering text):

C4

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 156, not commenced as of date of revision.

F29 [ 52B. (1) Subject to subsections (2) to (4) , a registered nurse or registered midwife shall, in each year, give to the Board a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.

(2) If, in any year, subsection (1) does not apply to a registered nurse or registered midwife because there are no particulars referred to in that subsection which he or she is required to give to the Board, the nurse or midwife shall give to the Board a declaration in writing to that effect.

(3) If, in any year subsequent to a year in which a registered nurse or registered midwife gave particulars referred to in subsection (1) to the Board, there has been no material change in the matter to which the particulars relate, the nurse or midwife may, instead of again giving those particulars to the Board, give to the Board a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.

(4) A registered nurse or registered midwife shall, in each year, comply with subsection (1) , (2) or (3)

( a ) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee determined under section 38(1)(b) , and

( b ) not later than the last day of that 6 weeks.

(5) A registered nurse or registered midwife shall, not later than 3 months after the final determination of any relevant proceedings, give to the Board

( a ) a declaration in writing providing particulars of the sanctions (if any) imposed on the nurse or midwife in consequence of those proceedings, or

( b ) if no such sanctions were so imposed, a declaration in writing to that effect.

(6) The Board may, by notice in writing given to a registered nurse or registered midwife who has made a declaration under this section, require the nurse or midwife, as the case may be, to provide to the Board, within a reasonable period specified in the notice, further information concerning any particulars provided to the Board in the declaration.

(7) ( a ) A registered nurse or registered midwife shall comply with a notice under subsection (6) given to the nurse or midwife.

( b ) Where the Board considers that a registered nurse or registered midwife has contravened paragraph (a) , the Board shall forthwith make a complaint.

(8) In this section

final determination , in relation to any relevant proceedings and a registered nurse or registered midwife, means

( a ) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the nurse or midwife, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

( b ) if such an appeal is made

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

relevant proceedings , in relation to a registered nurse or registered midwife, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the nurse or midwife is the subject

( a ) in the State or another jurisdiction which may directly or indirectly result in the nurse or midwife

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

( b ) in another jurisdiction which may result in the nurse or midwife being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

( c ) in the State which may result in the nurse or midwife being convicted, in the State, for an offence triable on indictment;

sanction includes any restriction or measure. ]

Editorial Notes:

E23

The section heading is taken from the amending section in the absence of one included in the amendment.