Nurses and Midwives Act 2011

58.

If immediate suspension of registration is necessary to protect public.

58.— (1) The Board may make an ex parte application to the Court for an order to suspend the registration of a registered nurse or registered midwife, whether or not the nurse or midwife is the subject of a complaint, if the Board considers that the suspension is necessary to protect the public until steps or further steps are taken under this Part and, if applicable, Parts 8 and 9.

(2) An application under subsection (1) shall be heard otherwise than in public unless the Court considers it appropriate to hear the application in public.

(3) The Court may determine an application under subsection (1) by—

( a) making any order it considers appropriate, including an order directing the Board to suspend the registration of the registered nurse or registered midwife the subject of the application for the period specified in the order, and

( b) giving to the Board any direction that the Court considers appropriate.

(4) The Board shall, on complying with a direction of the Court given under subsection (3), give notice in writing to the nurse or midwife concerned of the Board’s compliance with the direction.

F61 [ (5) ( a ) Paragraph (b) applies where

(i) a registered nurse or registered midwife becomes the subject of an order under subsection (3)(a) , and

(ii) the Board has reason to believe that

(I) the nurse or midwife is registered in another jurisdiction as a nurse or midwife or has made an application to be registered as a nurse or midwife in another jurisdiction which has not yet been determined, and

(II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Board.

( b ) The Board shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with a copy of that order and copies of other documents relevant to that order. ]

Annotations:

Amendments:

F61

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 164, S.I. No. 409 of 2021.