85.— (1) The Board shall—

(a) set and publish in the prescribed manner the standards of nursing and midwifery education and training for first time registration and post-registration specialist nursing and midwifery qualifications, and

(b) monitor adherence to the standards referred to in paragraph (a).

(2) The Board shall, in relation to programmes of pre first time registration, post-registration leading to registration or annotation and specialist nursing and midwifery education and training—

(a) after it has consulted with the Minister for Education and Skills, and in accordance with the relevant criteria specified in the rules—

(i) F83[where appropriate,] approve, approve subject to conditions attached to the approval of, amend or remove conditions attached to the approval of, or withdraw the approval for, such programmes, and bodies which may deliver such programmes, or

(ii) refuse to approve a body as a body which may deliver such programmes,

(b) prepare guidelines on curriculum issues and content to be included in programmes approved under paragraph (a),

(c) set and publish in the prescribed manner standards required for registration in any division, annotation and specialist nursing and midwifery qualifications pursuant to programmes approved under paragraph (a),

(d) monitor adherence to the criteria referred to in paragraph (a), the guidelines referred to in paragraph (b) and the standards referred to in paragraph (c),

(e) inspect bodies approved under paragraph (a) in order to ensure ongoing compliance with the criteria referred to in that paragraph, the guidelines referred to in paragraph (b) and the standards referred to in paragraph (c),

(f) inspect, at least every 5 years, places in the State where training is provided to persons undertaking training for a nursing or midwifery qualification, for the purposes of monitoring adherence to nursing and midwifery education and training standards,

(g) following inspections under paragraph (f), issue recommendations to the management of any place referred to in that paragraph on any improvements in nursing or midwifery education and training standards which may be required or any other issues arising from such inspections,

(h) publish in the prescribed manner details of all inspections carried out under this subsection,

(i) prepare and publish in the prescribed manner guidelines for bodies approved under paragraph (a) on ethical standards and behaviour appropriate for nurses, midwives and candidates, and

(j) advise the Minister and the Minister for Education and Skills on any issues relating to its functions under this subsection.

(3) Where the Board proposes to withdraw the approval of a body under subsection (2)(a)(i), the Board shall give notice of its intention to do so to the body concerned and shall afford to it an opportunity to make representations to the Board. The Board shall take into account any such representations before making its decision.

(4) Where the Board makes a decision under subsection (2)(a), it shall give notice in writing (accompanied by a copy of section 86), as soon as is practicable after making the decision, to the body the subject of the decision of—

(a) the decision,

(b) the date on which the decision was made, and

(c) the reasons for the decision.

(5) Notwithstanding the repeal of section 34 of the Act of 1985 by section 4, a body which was, immediately before that repeal, approved for the delivery of a programme of nursing or midwifery education and training shall be deemed to be a body approved for the purposes of this Act unless the Board determines otherwise.

(6) The Board may recognise a degree, diploma or other qualification awarded in a third country to be at least the equivalent of a qualification awarded following the satisfactory completion of a programme of pre first time registration nursing or midwifery education and training.

(7) The Board shall prepare and publish in the prescribed manner guidelines on ethical considerations to be taken into account in respect of the acceptance or otherwise of any non-Exchequer funding offered or provided in relation to nursing or midwifery education and training for pre first time registration, post-registration leading to registration or annotation and specialist nursing or midwifery qualifications.

(8) The Board shall, in consultation with the Health Service Executive and such other appropriate bodies as the Board thinks fit, make available career information on nursing and midwifery, including information on education and training.