77.— (1) Subject to subsection (2), where a registered nurse or registered midwife fails to pay an appropriate fee required to be paid by the nurse or midwife notwithstanding that a reminder notice to pay the fee has been sent to the nurse or midwife at the nurse’s or midwife’s registered address, the Board may, not earlier than 28 days after that reminder has been sent, remove the nurse’s or midwife’s registration.

F75[(1A) The exercise of the Board’s power under subsection (1) in the case of a registered nurse or registered midwife shall be deemed to include the exercise of the Board’s power under section 39(1) of the Act of 1985 to erase, on the ground specified in paragraph (b) of such section 39(1) and whether before, on or after the commencement of section 176 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020, the name of a person referred to in such section 39(1) from the register referred to in such section 39(1), and the other provisions of this Act (including section 78) shall, with all necessary modifications, be construed accordingly.]

(2) The Board shall not exercise its power under subsection (1) in the case of a registered nurse or registered midwife the subject of—

(a) an application for an inquiry under Part V of the Act of 1985 which has not been considered or completed, or

(b) a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if applicable, Parts 8 and 9.