Nurses and Midwives Act 2011

6.

Continuance in being of Board.

6.— (1) Notwithstanding the repeal of section 6 of the Act of 1985 by section 4

( a) the body known as An Bord Altranais, or in the English language as the Nursing Board, established by that section 6 shall continue in being and shall be known as Bord Altranais agus Cnáimhseachais na hÉireann or, in the English language, as the Nursing and Midwifery Board of Ireland, and

( b) subject to subsections (5) to (7), anything commenced but not completed by that body, or the committee established under section 13(2) of the Act of 1985, before the repeal of that section by section 4 , may be carried on and completed by the Board (with its membership as constituted under this Act) or that committee (with its membership as constituted under section 13 of the Act of 1985), as the case requires, after such repeal as if sections 6 and 13 of the Act of 1985 had not been repealed.

(2) The Board is a body corporate with perpetual succession and an official seal and with power—

( a) to sue and be sued in its corporate name, and

( b) with the consent of the Minister and the Minister for Public Expenditure and Reform, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Board may, subject to the provisions of this Act, regulate its own procedure.

(4) The Schedule applies to the Board.

(5)( a) A person who is a member of the committee referred to in subsection (1)(b) but who ceases to be a member of the Board under section 22(6) shall, notwithstanding that cesser of membership of the Board, be deemed for the purposes of subsection (1)(b) to satisfy the requirements of section 13 of the Act of 1985 relating to the membership of that committee.

( b) The committee referred to in subsection (1)(b) shall be deemed, for the purposes of that subsection, to satisfy the requirements of section 13(4), (5) and (6) of the Act of 1985 relating to its membership even if it ceases to satisfy those requirements by reason of the cesser of membership of one or more of its members.

(6) Where pursuant to subsection (1)(b) the Board may take any relevant action in respect of the registration of a nurse or midwife, then the Board may take the equivalent action under this Act and—

( a) in the case of equivalent action falling within paragraph (a) of the definition of “equivalent action” in subsection (7), section 79 shall apply to the equivalent action accordingly,

( b) in the case of equivalent action falling within paragraph (c) of the definition of “equivalent action” in subsection (7)

(i) paragraph (b) of the definition of “relevant condition” in section 2(1) shall be construed to include the equivalent action accordingly, and

(ii) sections 46(8) and 80 shall apply to the equivalent action accordingly.

(7) In subsection (6)

“equivalent action”, in relation to the registration of a nurse or midwife, means—

( a) in the case of paragraph (a) of the definition of “relevant action”, the cancellation of the registration pursuant to a decision referred to in section 76(3) ,

( b) in the case of paragraph (b) of the definition of “relevant action”, the suspension of the registration pursuant to a decision referred to in section 76(3) ,

( c) in the case of paragraph (c) of the definition of “relevant action”, the attachment of conditions to the registration pursuant to a decision referred to in section 76(1) ;

“relevant action”, in relation to the registration of a nurse or midwife, means any action under Part V of the Act of 1985 pursuant to which the Board may—

( a) erase the nurse’s or midwife’s name from the register of nurses,

( b) give effect to a decision of the Board that during a period of specified duration the registration of the nurse’s or midwife’s name in the register of nurses shall not have effect, or

( c) attach conditions to the retention of the nurse’s or midwife’s name in the register of nurses.