Number 27 of 1950.
NURSES ACT, 1950.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Dissolution of General Nursing Council and Central Midwives Board. |
An Bord Altranais.
Expenses of members of the Board, the Committee or other committee of the Board. |
Midwives Committee.
Temporary appointment by Minister of members of the Committee. | |
Officers and Servants of the Board.
Pensions and gratuities to or in respect of officers and servants of the Board. |
Nursing.
Approval by the Board of hospitals and institutions suitable for training purposes. | |
Improper assumption of title of registered nurse or midwife, etc. | |
Financial Provisions.
Miscellaneous
Transitory Provisions.
Enactments Repealed.
Acts Referred to | |
No. 10 of 1944 | |
No. 28 of 1947 | |
No. 47 of 1947 | |
No. 25 of 1927 | |
Number 27 of 1950.
NURSES ACT, 1950.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Nurses Act, 1950.
Definitions.
2.—In this Act—
the expression “the Act of 1944” means the Midwives Act, 1944 (No. 10 of 1944);
the expression “the Board” means An Bord Altranais established by this Act;
the expression “the Committee” means the Midwives Committee established by this Act;
the expression “dissolved body” means any body being either—
(a) the General Nursing Council, or
(b) the Central Midwives Board;
the expression “the establishment date” means the date appointed to be the establishment date for the purposes of this Act by order of the Minister made under section 3 of this Act;
the expression “health authority” has the same meaning as in the Health Act, 1947 (No. 28 of 1947);
the expression “local supervising authority” means a local supervising authority for the purposes of the Act of 1944;
the word “midwife” means a person registered in the midwives division;
the expression “the midwives division” means the division of the register of nurses applicable to midwives;
the expression “the Minister” means the Minister for Health;
the word “nurse” means a person registered in the register of nurses and includes a midwife and the word “nursing” includes midwifery;
the word “prescribed” means prescribed by rules;
the expression “the register of nurses” means the register of nurses maintained by the Board under section 41 of this Act;
the word “rules” means rules made under section 21 of this Act.
Establishment date.
3.—The Minister may by order appoint a day to be the establishment date for the purposes of this Act.
Expenses of Minister.
4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
5.—(1) The enactments mentioned in the second column of the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2) Subsection (1) of this section shall come into operation on the establishment date.
Dissolution of General Nursing Council and Central Midwives Board.
6.—On the establishment date the General Nursing Council and the Central Midwives Board shall be by virtue of this section dissolved.
PART II.
An Bord Altranais.
Establishment of the Board.
7.—(1) On the establishment date there shall be established by virtue of this section a board to be styled and known as An Bord Altranais.
(2) The Board shall be a body corporate with perpetual succession and power to sue and be sued in their corporate name and to hold and dispose of land.
Seal of the Board.
8.—(1) The Board shall provide themselves with a seal, and such seal shall be authenticated by the signature of the president of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board authorised by the Board to act in that behalf.
(2) Judicial notice shall be taken of the seal of the Board, and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenicated in accordance with this section) of the Board shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.
Number of the members of the Board.
9.—The number of the members of the Board shall be twenty-three.
Election year.
10.—The election years for the purposes of this Act shall be—
(a) the second year after the year in which the establishment date falls; and
(b) each fifth successive year thereafter.
Temporary appointment by Minister of members of the Board.
11.—(1) Before the establishment date the Minister shall appoint ten persons (being persons whose names are included in the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, or persons registered under the Act of 1944) to be members of the Board in addition to the thirteen persons mentioned in section 12 of this Act.
(2) Of the persons appointed under subsection (1) of this section—
(a) one shall be experienced in public health nursing;
(b) two shall be persons registered under the Act of 1944;
(c) two shall be qualified in mental nursing;
(d) three shall be persons whose names are included in the general part of the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, with experience in training persons for nursing;
(e) one shall have experience in private nursing; and
(f) one shall be engaged in nursing in a hospital which is not a training hospital.
Appointment by Minister of members of the Board.
12.—(1) Before the establishment date and before the 1st day of December in each election year, the Minister shall appoint thirteen persons to be members of the Board.
(2) Where an appointment is made under this section of persons to be members of the Board—
(a) (i) one shall be a person who is or has been a master of a maternity hospital, or an assistant master of a maternity hospital,
(ii) two shall be medical practitioners who are engaged in the training of nurses in training hospitals,
(iii) one shall be a medical practitioner with experience in connection with mental nursing,
(iv) one shall be representative of general medical practitioners,
(v) one shall be a medical officer of health,
(vi) one shall be a person specially experienced in educational matters,
(vii) one shall be representative of councils of counties, and
(viii) one shall be representative of councils of county boroughs; and
(b) two shall be persons who are nurses, persons whose names are included in the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, or persons registered under the Act of 1944.
(3) Before appointing the persons referred to in paragraph (a) of subsection (2) of this section, the Minister shall consult such organisations or bodies as he considers suitable to advise him on the appointments, but if the Minister considers that there is no suitable organisation or body qualified to advise him on any particular appointment, he shall make that appointment without consultation.
Election of members of the Board.
13.—(1) Before the 1st day of December in each election year, ten persons (being nurses) shall be elected by nurses to be members of the Board.
(2) Of the persons elected under subsection (1) of this section—
(a) one shall be a person with such qualification or experience in public health nursing as may be prescribed;
(b) two shall be persons with such qualification or experience in midwifery as may be prescribed;
(c) two shall be persons with such qualification or experience in mental nursing as may be prescribed;
(d) three shall be general trained nurses with such experience in training nurses as may be prescribed;
(e) one shall have such experience in private nursing as may be prescribed;
(f) one shall be engaged in nursing in a hospital, which is not a training hospital.
(3) Every election under this section shall be carried out in accordance with rules.
Terms of office of members of the Board.
14.—(1) The term of office of a member of the Board shall commence—
(a) in the case of a first member, on the establishment date;
(b) in the case of a member filling a casual vacancy, on the day on which he is co-opted or appointed; and
(c) in every other case, on the 1st day of January in the year following the relevant election year.
(2) The term of office of a member of the Board shall, unless he sooner dies, resigns, or is removed from office, terminate on such 31st day of December in an election year as next follows the commencement of his term of office.
(3) An outgoing or former member of the Board shall be eligible for again becoming a member of the Board.
Resignation of members of the Board.
15.—A member of the Board may resign his office as member of the Board by letter sent by registered post to the Board, and the resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such letter if the resignation is not withdrawn in writing before such meeting.
President of the Board.
16.—(1) The Board shall, at their first meeting held after the 1st day of January in each year, elect one of their members to be president of the Board.
(2) Where the office of president of the Board becomes vacant otherwise than by the termination of the term of office of a president, the Board shall at their next meeting elect one of their members to be president of the Board.
(3) Every president of the Board shall, unless he sooner dies, resigns the office of president, or ceases to be president under subsection (5) of this section, hold office as president until the next election under subsection (1) of this section.
(4) The president of the Board may at any time resign his office as president by letter sent by registered post to the Board, and the resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such letter if the resignation is not withdrawn in writing before such meeting.
(5) Where the president of the Board ceases during his term of office as president to be a member of the Board, he shall be disqualified from being and shall forthwith cease to be such president.
(6) Where at an election of the president of the Board there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be president of the Board.
Meetings and procedure of the Board.
17.—(1) The Board shall hold at least one meeting in each quarter of the year and shall also hold such other meetings as may be necessary for the due performance of their functions.
(2) The quorum for a meeting of the Board shall be nine.
(3) The president of the Board shall act as chairman of every meeting of the Board at which he is present.
(4) During the absence of the president of the Board from any meeting of the Board or if when any meeting of the Board is held there is no president of the Board in office, the members of the Board present shall elect one of themselves to be chairman of the meeting for the time being and, where at such election there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the meeting for the time being.
(5) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote save where the question is the election of the president of the Board.
(6) The Board may act notwithstanding one or more vacancies among their members.
(7) Subject to the provisions of this Act, the Board shall regulate, by rules, the procedure of the Board.
(8) The Minister may fix the date, time and place of the first meeting of the Board.
Committees of the Board.
18.—The Board may by rules provide for the establishment, functions and procedure (including quorum) of committees of the Board and the rules may authorise the appointment of persons other than members of the Board to be members of the committees and may provide for the delegation, to a committee or committees of or under the Board, of any powers, functions or duties of the Board.
Casual vacancies in membership of the Board.
19.—(1) Any vacancy occurring in the membership of the Board by death, resignation or removal from office shall be filled—
(a) in case the member occasioning the vacancy was elected as a member of the Board, by co-option by the other persons elected as members of the Board subject to the like restriction as governed the election of the member occasioning the vacancy, and
(b) in any other case, by appointment by the Minister subject to the like restrictions (if any) as governed the appointment of the member occasioning the vacancy.
(2) Any person co-opted under paragraph (a) of subsection (1) of this section shall be subsequently regarded for the purposes of that paragraph as a person elected as a member of the Board.
Removal of member of the Board.
20.—The Minister may at any time by order remove any member of the Board from office.
Power to make rules.
21.—(1) The Board may make rules—
(a) in relation to any matter or thing referred to in this Act as the subject matter of rules, and
(b) generally for carrying this Act into effect,
and any rules so made may prescribe forms to be used on the occasions specified therein.
(2) Rules under this section shall not have effect unless and until they are approved of by the Minister.
Annual report by the Board.
22.—(1) Before the 1st day of April in each year, the Board shall prepare and publish a report of their proceedings in the preceding year (in this section referred to as the report) and the report shall contain such particulars as the Minister may direct.
(2) The Board shall—
(a) keep copies of the report available for purchase or inspection at their principal office,
(b) furnish to the Minister such number of copies of the report as the Minister may require, and
(c) furnish to each health authority a copy of the report.
Removal from office of members of the Board.
23.—(1) The Minister, if he is satisfied that the Board have not performed any function which they are required by this Act to perform, may by order require the Board to perform such function and to comply with such directions as are given in the order.
(2) If the Board do not, within a period specified by the Minister, comply with an order made under subsection (1) of this section, the Minister may by order remove from office the members of the Board.
(3) An order under this section may contain such provisions as the Minister considers necessary for enabling the functions of the Board to be discharged notwithstanding the removal of the members and may, in particular, appoint a person or persons to discharge those functions.
(4) Notwithstanding any provision of this Act, an order under subsection (2) of this section shall not operate to remove a member of the Committee from his office as such unless the order so expressly removes him.
Charging of fees by the Board.
24.—The Board may, and if directed by the Minister shall, in accordance with rules, charge fees for any registration, certificate, courses of instruction, examinations or services which are authorised by or under this Act.
Expenses of members of the Board; the Committee or other committee of the Board.
25.—The Board may pay to a member attending a meeting of the Board, the Committee or other committee of the board his travelling and subsistence expenses and the payments shall be in accordance with a scale approved of by the Minister after consultation with the Minister for Finance.
PART III.
Midwives Committee.
Establishment of the Committee.
26.—On the establishment date there shall be established by virtue of this section a committee under the Board to be styled and known as the Midwives Committee.
Number of members of the Committee.
27.—The number of members of the Committee shall be eight.
Temporary appointment by Minister of members of the Committee.
28.—(1) Before the establishment date the Minister shall appoint five persons to be members of the Committee in addition to the three persons mentioned in section 29 of this Act.
(2) Where an appointment is made under this section of persons to be members of the Committee—
(a) one shall be the person appointed to the Board who was appointed under subparagraph (i) of paragraph (a) of subsection (2) of section 12 of this Act;
(b) one shall be a medical practitioner who is engaged in medical practice in a maternity training school situate elsewhere than in the county borough of Dublin;
(c) one shall be a general medical practitioner with experience in obstetrics;
(d) one shall be the person appointed to the Board who was appointed under subparagraph (v) of paragraph (a) of subsection (2) of section 12 of this Act; and
(e) one shall be a person appointed to the Board who was appointed under paragraph (b) of subsection (2) of section 11 of this Act.
Appointment by Minister of members of the Committee.
29.—(1) Before the establishment date and before the 31st day of March in each year following an election year, the Minister shall appoint three persons to be members of the Committee.
(2) Where an appointment is made under this section of persons to be members of the Committee—
(a) one shall be a medical practitioner, and
(b) two shall be—
(i) in the case of persons appointed before the establishment date, persons registered under the Act of 1944, and
(ii) in any other case, midwives.
Appointment by the Board of members of the Committee.
30.—(1) Before the 31st day of March in the year following each election year, the Board shall appoint five persons to be members of the Committee.
(2) Where an appointment is made under this section of persons to be members of the Committee—
(a) one shall be the member of the Board who was appointed under subparagraph (i) of paragraph (a) of subsection (2) of section 12 of this Act;
(b) one shall be a medical practitioner who is engaged in medical practice in a maternity training school situate elsewhere than in the county borough of Dublin;
(c) one shall be a general medical practitioner with experience in obstetrics;
(d) one shall be the member of the Board who was appointed under subparagraph (v) of paragraph (a) of subsection (2) of section 12 of this Act; and
(e) one shall be an elected member of the Board who is a midwife.
Terms of office of members of the Committee.
31.—(1) The term of office of a member of the Committee shall commence—
(a) in the case of a first member, on the establishment date;
(b) in the case of a member filling a casual vacancy, on the day on which he is appointed; and
(c) in every other case, on the 1st day of April in the year following the relevant election year.
(2) The term of office of a member of the Committee shall, unless he sooner dies, resigns, is removed from office, or, in the case of a member who is also a member of the Board, becomes disqualified in pursuance of section 38 of this Act from being a member of the Committee, terminate on such 31st day of March in the year following an election year as next follows the commencement of his term of office.
Resignation of members of the Committee.
32.—(1) A member of the Committee who is not a member of the Board may resign his office as a member of the Committee by letter sent by registered post to the Committee, and the resignation shall take effect at the commencement of the meeting of the Committee held next after the receipt of the letter if the resignation is not withdrawn before such meeting.
(2) The Committee shall inform the Board of such resignation.
(3) The Committee shall inform the Minister of such resignation in the case of a member appointed by the Minister.
Chairman of the Committee.
33.—The member of the Committee who was appointed under paragraph (a) of subsection (2) of section 30 of this Act shall be chairman of the Committee or where he ceases to be a member of the Committee the person appointed to replace him shall be chairman of the Committee.
Meetings and procedure of the Committee.
34.—(1) The Committee shall hold at least one meeting in each quarter of the year and shall also hold such other meetings as may be necessary for the due performance of their functions.
(2) Subject to subsection (3) of this section the quorum of a meeting of the Committee shall be three.
(3) For any particular class of business or for any particular purpose, the Committee may fix the quorum of a meeting at a greater number than three.
(4) The chairman of the Committee shall act as chairman of every meeting of the Committee at which he is present.
(5) During the absence of the chairman of the Committee from any meeting of the Committee or if when any meeting of the Committee is held there is no chairman of the Committee in office, the members of the Committee present shall elect one of themselves to be chairman of the meeting for the time being and, where at such election there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the meeting for the time being.
(6) Every question at a meeting of the Committee shall be determined by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
(7) The Committee may act notwithstanding one or more vacancies among their members.
(8) Subject to the provisions of this Act, the Board shall regulate, by rules, the procedure of the Committee.
Casual vacancies in membership of the Committee.
35.—Any vacancy occurring in the membership of the Committee by death, resignation, disqualification or removal from office shall be filled—
(a) in case the member occasioning the vacancy was appointed by the Board, by appointment by the Board subject to the like restriction as governed the appointment of the member occasioning the vacancy;
(b) in any other case, by appointment by the Minister subject to the like restriction as governed the appointment of the member occasioning the vacancy.
Removal of member of the Committee.
36.—The Minister may at any time by order remove any member of the Committee from office.
Advice by the Committee.
37.—The Committee shall furnish advice to the Board on such matters as the Board may refer to them.
Disqualification of member of the Committee.
38.—Where a member of the Committee who is also a member of the Board ceases to be a member of the Board, otherwise than by virtue of the termination of his period of office at the end of an election year, he shall be disqualified from being and shall forthwith cease to be a member of the Committee.
PART IV.
Officers and Servants of the Board.
Officers and servants of the Board.
39.—(1) The Board shall appoint such and so many persons to be officers and servants of the Board as the Board, subject to the consent of the Minister, from time to time think proper and every person so appointed shall be selected by the Board in such manner (if any) as the Minister may direct or approve.
(2) Every officer of the Board shall perform the duties required by the Board or this Act to be performed by him and the Board may suspend him from duty but the Minister, and no other person, may remove him from office.
(3) Every servant of the Board shall perform the duties required by the Board or this Act to be performed by him and shall be removable at the pleasure of the Board.
(4) The Board shall pay to their officers and servants such remuneration and allowances as the Board, with the consent of the Minister, from time to time determine.
(5) Where any doubt, dispute, or question arises or, in the opinion of the Minister is likely to arise as to whether any particular person is or is not an officer or whether persons of any particular class are or are not officers for the purposes of this Act, such doubt, dispute, or question shall be decided by the Minister and such decision shall be final.
Pensions and gratuities to or in respect of officers and servants of the Board.
40.—(1) In this section the expression “the former Board” has the same meaning as it has in the Act of 1944.
(2) The Board may prepare and submit to the Minister a scheme (in this section referred to as a pension scheme) to provide pensions or gratuities or pensions and gratuities for or in respect of such officers and servants of the Board as the Minister approves and (subject to confirmation by the Minister) may carry such scheme into execution.
(3) A pension scheme—
(a) may provide that, in the case of a person who, having been an officer of a dissolved body, becomes by virtue of this Act an officer of the Board, service under the dissolved body and service under the former Board may be reckoned in whole or in part for the purposes of such scheme, as service under the Board;
(b) may provide that, in the case of a person who having been a servant of a dissolved body, becomes an officer or servant of the Board, service under the dissolved body and service under the former Board may be reckoned in whole or in part for the purpose of such scheme, as service under the Board;
(c) shall provide for the payment to or in respect of officers and servants of the Board to whom such scheme applies of pensions or gratuities or pensions and gratuities at such times and subject to such conditions and restrictions as may be set out in such scheme, and for the calculation of the amounts of such pensions and gratuities;
(d) shall provide for the payment of contributions towards the financing of such scheme by officers and servants of the Board to whom such scheme applies other than persons who were, immediately prior to the establishment date, pensionable officers or servants of a dissolved body.
(4) The Board may at any time by a subsequent pension scheme (in this subsection and in subsequent subsections of this section referred to as an amending scheme) amend a pension scheme or a previous amending scheme and any such amending scheme may be expressed to operate retrospectively.
(5) Where an amending scheme amends a pension scheme an officer or servant to whom such pension scheme applies or applied may, within six months after the coming into operation of the amending scheme, elect not to have the amending scheme apply to him and, if he does so elect, the amending scheme shall not apply to him.
(6) An amending scheme shall not terminate or reduce any pension which was, immediately before the coming into force of such amending scheme, payable under the scheme thereby amended.
(7) A pension scheme or an amending scheme shall not come into force unless and until it is has been confirmed by order of the Minister.
(8) An order of the Minister confirming a pension scheme or an amending scheme shall appoint the date on which such scheme is to come into force and, as on and from the date so appointed, such scheme shall have statutory effect.
PART V.
Nursing.
The register of nurses.
41.—(1) The Board shall, in accordance with rules, maintain a register of nurses which shall be divided into the divisions specified in such rules and such divisions shall include a division applicable to midwives.
(2) Any reference in this Act to the register of nurses shall, unless the context otherwise requires, be deemed to include a reference to any division of the register and the words “registered” and “registration” shall be construed accordingly.
(3) The Board shall publish the register of nurses or any division or divisions thereof at such times and in such manner as the Minister may direct.
(4) Any change in the name or address of a nurse shall be notified to the Board by the nurse.
(5) The Board shall take such steps as they may consider necessary from time to time to ensure that the names and addresses of persons registered in the register of nurses are accurate.
Registration in the register of nurses.
42.—(1) The Board shall, in accordance with rules, register in the register of nurses every person who satisfies the Board that such person complies with the prescribed conditions for such registration.
(2) The Board may, subject to the prescribed conditions, register a person in more than one division of the register of nurses.
Registration of certain persons trained outside the State.
43.—The Board may, in accordance with rules, register in the register of nurses a person who shows to the satisfaction of the Board that such person has, outside the State, undergone such courses of training and passed such examinations as are specified for the purposes of this section in the rules.
Rules for grant of certificates of registration, badges and uniforms of nurses and the return and cancellation of certificates of registration and certificates issued under the Act of 1944.
44.—The Board may by rules make provision with respect to—
(a) the issue of certificates (in this section referred to as certificates of registration) to persons registered in the register of nurses,
(b) the uniforms and badges which may be worn by nurses registered in any division of the register of nurses, and
(c) the return and cancellation of certificates of registration and certificates issued under the Act of 1944.
Removal from register of nurses.
45.—(1) The Board may, in accordance with rules and subject to section 46 of this Act, remove the name of a person from the register of nurses, or from a division or divisions of the register of nurses, and in the case of the removal of the name of a midwife shall inform every local supervising authority concerned and the Minister.
(2) The rules made for the purposes of this section shall, in particular, provide that, where it is proposed to remove the name of any person from a division of the register of nurses other than the midwives division proceedings in that behalf shall be instituted before the Board and that in those proceedings the defendant shall have the opportunity of answering the allegations made against the defendant.
(3) The rules made for the purposes of this section shall prescribe the causes for which and the conditions under which the name of a nurse may be removed from a division of the register of nurses other than the midwives division, and different rules may be made under this section governing the removal of names from different divisions of the register of nurses.
Removal of the name of midwife from the midwives division.
46.—(1) The Committee may, in accordance with rules, recommend to the Board that the name of a midwife should be removed from the midwives division and the Board shall give effect to such recommendation.
(2) The Board shall not, save on the recommendation of the Committee, remove the name of a midwife from the midwives division.
(3) The rules made for the purposes of this section shall, in particular, provide that, before the Committee exercise their powers under subsection (1) of this section in respect of a midwife, the Committee shall afford the midwife an opportunity of answering before them the charges made against her.
(4) Subject to the provisions of this Act, the rules made for the purposes of this section shall prescribe the causes for which and the conditions under which the Committee may recommend the removal of the name of a nurse from the midwives division.
(5) Where the Committee recommends the removal of a name of a midwife from the midwives division, they may also recommend to the Board that the Board should exercise their powers under subsection (1) of section 30 of the Act of 1944 and the Board shall exercise these powers accordingly.
Restoration to the register of nurses.
47.—The Board may, in accordance with rules and subject to section 48 of this Act, restore to the register of nurses for any reason which they consider sufficient the name of a person whose name has been removed therefrom.
Restoration to midwives division.
48.—(1) The Committee may recommend to the Board that the name of a person should be restored to the midwives division and the Board shall give effect to such recommendation.
(2) The Board shall not restore the name of a person to the midwives division save on the recommendation of the Committee or pursuant to paragraph (c) of subsection (3) of section 49 of this Act.
Appeals from the Board or the Committee.
49.—(1) Where, under this Act, the name of a person has been removed from the register of nurses or where the Committee has refused to recommend the restoration of the name of a person to the midwives division or the Board has refused to register the name of a person in the register of nurses or refused to restore the name of a person to the register of nurses, the person may appeal from the decision of the Board or the Committee as the case may be either to the High Court or the Minister (but not to both) within three months after the notification to the person of such removal or such refusal as the case may be.
(2) The decision of the High Court or the Minister (as the case may be) on an appeal under this section shall be final.
(3) Where an appeal under this section is successful—
(a) in the case of an appeal to the High Court, the court may award costs against the Board,
(b) the Board shall (where the appeal was to the High Court) give notice of the result of the appeal to the Minister, and where the appellant was a midwife, shall give notice of the result of the appeal to every local supervising authority concerned,
(c) the Board shall, as the case may require, restore the name of the appellant to the register of nurses or register the name of the appellant in the register of nurses, and
(d) the Board may, if they so think fit, pay to the appellant such sum as they consider reasonable compensation for any loss of practice sustained by the appellant between the decision of the Board and the determination of the appeal.
Rules for courses of training and examinations for candidates for registration in the register of nurses.
50.—The Board may, in accordance with rules, provide or make provision for the courses of training and examinations to be taken by candidates for registration in the register of nurses and may prescribe the manner in which and the conditions under which training shall be provided and such rules may, in particular, provide—
(a) for the approval by the Board for the purposes of such rules of lecturers and teachers,
(b) for the conditions of admission to the examinations, and
(c) for the granting of certificates to persons taking the courses and passing the examinations.
Rules for courses of training and examinations for nurses.
51.—The Board may, in accordance with rules, provide or make provision for courses of training and examinations for nurses, and for the granting to nurses taking such courses and passing such examinations of certificates or diplomas, and may prescribe the manner in which and the conditions under which training shall be provided, and such rules may, in particular, provide—
(a) for the approval by the Board for the purposes of such rules of lecturers and teachers, and
(b) for the conditions of admission to the examinations.
Holding of examinations, etc.
52.—(1) The Board may hold the examinations provided for by rules and may, by such rules, regulate the conduct of such examinations.
(2) The examiners (none of whom shall be a member of the Board) at every examination held under this section shall be appointed by the Board, shall hold such qualifications and have such experience in relation to nursing as the Board think proper, and shall be remunerated in accordance with a scale fixed by the Board with the approval of the Minister.
Approval by the Board of hospitals and institutions suitable for training purposes.
53.—(1) Where the Board, on application made to them in that behalf, are satisfied that a hospital or institution is suitable for the training of nurses or of candidates for registration in the register of nurses, the Board shall approve of the hospital or institution for such training.
(2) For the purposes of giving effect to the provisions of subsection (1) of this section the Board may, by rules, specify conditions of suitability for hospitals and institutions.
(3) The Board may, with the consent of the Minister, withdraw an approval under this section of a hospital or an institution.
(4) A hospital or an institution of which the Board has refused to approve may apply to the Minister to direct the Board to approve of it and if the Minister, after consideration of the facts of the case, grants the direction, the Board shall approve of the hospital or institution.
Provision of institutional, hostel or other accommodation.
54.—The Board may, on such terms and conditions as the Minister may approve, provide institutional, hostel or other accommodation for persons attending courses of training who are nurses, or candidates for registration in the register of nurses.
Scholarships.
55.—The Board may, in accordance with rules made with the approval of the Minister for Finance, provide scholarships, or arrange with other bodies for the provision of scholarships, for nurses or candidates for registration in the register of nurses.
Improper assumption of title of registered nurse or midwife, etc.
56.—(1) Any person who—
(a) not being a person registered in the register of nurses, takes or uses the name or title of registered nurse or midwife, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform, certificate or badge, implying that the person is registered in the register of nurses or is recognised by law as a registered nurse or a midwife or, save in the case of a registered medical practitioner, implying that such person is specially qualified in midwifery, or
(b) being a person whose name is included in any division of the register, takes or uses any name, title, addition, description, uniform, certificate or badge, or otherwise does any act of any kind, implying that the person is registered in any other division of the register of nurses in which the person's name is not included, or
(c) with intent to deceive, makes use of any certificate issued under this Act to such person or any other person,
shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence, ten pounds, and in the case of a second or any subsequent offence, fifty pounds.
(2) If any person wilfully makes, or causes to be made, any falsification of any mater relating to the register, he shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine of one hundred pounds.
(3) This section shall come into operation on the establishment date.
Profession or calling ancillary to nursing.
57.—(1) Where the Minister is satisfied that any profession or calling is ancillary to nursing, he may by order provide that the register of nurses may be extended to the profession or calling and may by such order require the Board to appoint a committee in respect of the profession or calling.
(2) Where an order is made under this section—
(a) the Board may by rules maintain a division of the register in respect of the profession or calling to which the order relates, and
(b) the provisions of this Part of this Act shall apply in relation to such profession or calling with such (if any) modifications as may be specified in such rules.
PART VI.
Financial Provisions.
Accounts of the Board and audit thereof.
58.—(1) The Board shall cause the accounts of the Board to be kept in such form as the Minister directs or approves.
(2) The accounts of the Board shall be made up in respect of such periods as may be determined by the Minister.
(3) The accounts of the Board shall be audited by a local government auditor appointed from time to time by the Minister for that purpose after consultation with the Minister for Local Government.
(4) The Minister shall determine the fee to be paid by the Board in respect of an audit under this section and the fee so determined shall be paid by the Board to the Minister and shall thereupon be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance directs.
(5) The Board shall prepare an abstract of the accounts of the Board in such form as the Minister directs or approves and such abstract shall be certified to be correct by the local government auditor auditing such accounts.
(6) The Board shall—
(a) keep copies of an abstract prepared in pursuance of subsection (5) of this section available for purchase or inspection at their principal office,
(b) furnish to the Minister such number of copies of an abstract prepared in pursuance of subsection (5) of this section as he may require,
(c) publish an abstract prepared in pursuance of subsection (5) of this section in such manner as may be approved or directed by the Minister, and
(d) furnish to each health authority a copy of an abstract prepared in pursuance of subsection (5) of this section.
Payments by Minister to the Board.
59.—(1) Where the abstract prepared in pursuance of section 58 of this Act of the accounts of the Board relating to any year shows a balance against the Board on current expenditure the Minister shall, out of moneys provided by the Oireachtas, pay the balance to the Board.
(2) Where any doubt, dispute or question arises, or, in the opinion of the Minister, is likely to arise, as to whether any expenditure is current expenditure for the purposes of this section, such doubt, dispute or question shall be decided by the Minister and such decision shall be final.
Payments by health authorities to the Minister.
60.—(1) Where the Minister pays a balance to the Board under section 59 of this Act, the following provisions shall have effect—
(a) the Minister shall apportion half of the amount of such balance between health authorities in proportion to the populations, according to the latest census of population, of their respective functional areas;
(b) the Minister shall send by post to each health authority a notice specifying the amount assigned to such health authority on the apportionment;
(c) such health authority shall pay to the Minister the amount so specified within three months after the receipt of the notice, and
(d) if such health authority fails to make such payment, the amount due may be deducted by the Minister from any sum payable to such health authority under the Health Services (Financial Provisions) Act, 1947 (No. 47 of 1947).
(2) Any moneys received or deducted by the Minister under this section shall be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance directs.
Estimates of receipts and expenditure of the Board.
61.—(1) The Board shall, within such period as the Minister shall direct, submit to the Minister estimates (in such form and under such subheads as the Minister may approve) of expenditure and receipts of the Board during the next accounting period.
(2) The Board shall not—
(a) adopt the estimates referred to in subsection (1) of this section without the approval of the Minister, or
(b) exceed the expenditure mentioned in the said estimates or exceed the expenditure mentioned under any subhead of the said estimates without the consent of the Minister.
Investment of moneys of the Board.
62.—The Board may invest moneys of the Board in any securities authorised for the investment of trust funds.
Power of the Board to borrow temporarily.
63.—The Board may, with the consent of the Minister, given after consultation with the Minister for Finance, borrow temporarily by arrangement with bankers such sums as they may require for the purpose of providing for current expenditure.
Contributions from the Hospitals Trust Fund.
64.—The Hospitals Trust Board shall make out of the Hospitals Trust Fund such contributions towards any proper expenses of a capital nature which have been or are to be incurred by the Board as the Minister from time to time directs.
PART VII.
Miscellaneous.
Advice and reports by the Board.
65.—(1) The Board shall furnish advice to the Minister on any matter, relating to nursing, on which he has requested the advice of the Board.
(2) The Board may furnish to the Minister such advice and reports relating to nursing as they think fit.
(3) The Board may, with the consent of the Minister, advise a health authority on the organisation of nursing services within the functional area of the health authority.
Research work by the Board in relation to nursing.
66.—The Board may, and if so required by the Minister shall, conduct, or cause to be conducted, research into matters relating to the organisation or practice of nursing or the training of nurses.
Gifts.
67.—(1) The Board may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.
(2) The Board shall not accept a gift if the conditions attached by the donor to its acceptance are inconsistent with the functions of the Board.
Amendment of the Act of 1944.
68.—(1) The Act of 1944 is hereby amended as follows:—
(a) the references in section 26, in subsections (1), (2) and (3) of section 27, in subsections (1) and (2) of section 32, the first three references in subsection (3) of section 32, the second reference in section 33, and the reference in section 34, to the Central Midwives Board shall be construed as references to the Committee established by this Act;
(b) the references, in subsections (5) and (6) of section 27, in section 30, in section 31, the last reference in subsection (3) of section 32, the first reference in section 33, and the references in sections 43, 44, 47, 48, 50, 51, 53, 58, 59, and 62, to the Central Midwives Board shall be construed as references to the Board established by this Act;
(c) the references to the roll of midwives shall be construed as references to the midwives division; and
(d) the references to rules made under the Act of 1944 shall be construed as references to rules made under section 21 of this Act.
(2) Subsection (1) of this section shall come into operation on the establishment date.
(3) The Minister shall not give any approval to rules made for the purposes of section 43 of the Act of 1944 save after consultation with the Medical Registration Council constituted by the Medical Practitioners Act, 1927 (No. 25 of 1927), and it shall be the duty of the Board to communicate to the Medical Registration Council any rules proposed to be made for the purposes of that section.
PART VIII.
Transitory Provisions.
Property, etc., of dissolved bodies.
69.—(1) All property, whether real or personal (including choses-in-action) which immediately before the establishment date was vested in or belonged to a dissolved body or was held in trust for such body and all rights, powers, and privileges relating to or connected with any such property shall, on the establishment date and without any conveyance or assignment, become and be vested in or the property of or held in trust for the Board for all the estate, term, or interest for which the same immediately before the establishment date was vested in or belonged to or was held in trust for such body.
(2) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment date was owing and unpaid or has been incurred and was undischarged by a dissolved body shall, on the establishment date, become and be the debt or liability of the Board and shall be paid or discharged by and may be recovered from or enforced against the Board.
(3) Every chose-in-action transferred by this section may be sued upon, recovered, or enforced by the Board in their own name, and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this section.
Preservation of continuing contracts of dissolved bodies.
70.—Every bond, guarantee or other security of a continuing nature made or given by a dissolved body to any person, or by any person to a dissolved body, and in force immediately before the establishment date, and every contract or agreement in writing made between a dissolved body and another person and not fully executed and completed before that date shall, notwithstanding the dissolution of the dissolved body, continue in force on and after that date, but shall be construed and have effect as if the name of the Board were substituted therein for the name of the dissolved body, and such security, contract, or agreement shall be enforceable by or against the Board accordingly.
Continuation of pending proceedings.
71.—Any proceedings instituted by or against a dissolved body which are pending immediately before the establishment date may be continued by or against and in the name of the Board and shall not abate by reason of the dissolution of a dissolved body and in partícular any proceedings for the removal of the name of any person from the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, or the roll of midwives kept in pursuance of the Act of 1944 which were pending immediately before the establishment date shall become and shall be continued as proceedings under this Act for the removal of the name of such person from the register of nurses.
Officers of dissolved bodies.
72.—Every person who immediately before the establishment date was a paid officer of a dissolved body shall on the establishment date be transferred to and become an officer of the Board.
Temporary provision for allowances or gratuities for officers and servants of Central Midwives Board.
73.—Until such time as a pension scheme comes into force pursuant to section 40 of this Act, the provisions of subsection (4) of section 17 of the Act of 1944 shall apply to officers and servants of the Board who were, immediately prior to the establishment date, officers and servants of the Central Midwives Board and the said subsection (4) shall for that purpose and for no other purpose be deemed not to have been repealed by this Act.
Registration under Nurses Registration (Ireland) Act, 1919.
74.—The Board shall, in accordance with rules, register in the register of nurses the persons who, immediately before the establishment date, were registered in the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, and if such registrations are not effected on the establishment date and until they are effected, those persons shall be deemed to be registered in the register of nurses.
Registration under Act of 1944.
75.—The Board shall, in accordance with rules, register in the register of nurses, the persons who, immediately before the establishment date, were registered in the roll of midwives maintained in pursuance of the Act of 1944 and if such registrations are not effected on the establishment date and until they are effected, those persons shall be deemed to be registered in the register of nurses.
Registration in register of nurses of persons removed from registration under the Nurses Registration (Ireland) Act, 1919, or the Act of 1944.
76.—Where the Board become of opinion that a person whose name, immediately before the establishment date, stood removed from the register kept in pursuance of the Nurses Registration (Ireland) Act, 1919, or from the roll of midwives kept in pursuance of the Act of 1944, should be registered, the Board may register the person in the register of nurses and so much of this Act and the rules as relate to the restoration of a name to the register of nurses shall have effect in relation to such registration in the register of nurses.
Continuation of rules and application of certain provisions of the Act of 1944.
77.—(1) Until rules are made in regard to any particular matter by the Board under this Act, the rules made or deemed to have been made by a dissolved body shall, as regards that matter and subject to any necessary modifications, have effect as if duly made by the Board under this Act.
(2) Until rules are made for the purposes of section 46 of this Act and for the purposes of sections 42 and 43 of this Act in so far as those sections relate to the midwives division—
(a) the grounds on which the removal of the name of a nurse from the midwives division may be recommended by the Committee shall be those set out at paragraphs (a), (b), (c), (d) and (e) of subsection (3) of section 25 of the Act of 1944 or any of them;
(b) the prescribed conditions for the purposes of section 42 of this Act shall be those set out at paragraphs (a), (b), (c), (d), and (e) of subsection (1) of section 24 of the Act of 1944;
(c) registration under section 43 of this Act shall be governed by the conditions set out at paragraphs (a), (b) and (c) of subsection (2) of section 24 of the Act of 1944;
(d) the provisions of subsection (3) of section 24 of the Act of 1944 shall apply to the registration of a person in the midwives division; and
(e) the said paragraphs of sections 24 and 25 of the Act of 1944 and the said subsection of section 24 of the Act of 1944 shall for the purpose of the foregoing provisions of this section and no other purpose be deemed not to have been repealed by this Act.
(3) Pending the making of rules for the purposes of section 43 of this Act, nothing shall be construed as prohibiting the registration in the register of nurses in accordance with arrangements operated by a dissolved body and in force immediately prior to the establishment date, of persons who have undergone training and passed examinations outside the State.
Statement of receipts and expenditure of dissolved bodies.
78.—(1) The Board shall in respect of each dissolved body prepare a statement of receipts and expenditure, including liabilities, for the accounting period (or part thereof) of such body ending immediately before the establishment date, and each such statement shall be certified as correct by a local government auditor to be appointed for that purpose by the Minister for Local Government.
(2) If the statement prepared by the Board under this section in respect of the Central Midwives Board shows a balance against that Board, section 22 of the Act of 1944 shall apply in relation to the balance in like manner as if it were such a balance as is mentioned in that section subject to the modification that references in that section to the Central Midwives Board shall be construed as references to the Board, and the said section 22 shall for that purpose and no other purpose be deemed not to have been repealed by this Act.
(3) The Minister for Local Government shall, after consultation with the Minister, determine the fee to be paid by the Board in relation to the certification in pursuance of this section by a local government auditor of the statements prepared under this section, and the fee so determined shall be paid by the Board to the Minister for Local Government and shall thereupon be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance directs.
Hospitals and institutions approved before the establishment date.
79.—A hospital or institution which was, immediately before the establishment date, approved as suitable for training purposes shall, subject to the provisions of this Act and rules, be deemed to be approved for the purposes of this Act.
Adaptation of enactments, etc.
80.—(1) The Minister may by order make such adaptations and modifications of any enactment or any instrument made under any enactment in force at the commencement of this Act and relating to any matter or thing dealt with or affected by this Act as appear to him to be necessary or expedient for carrying this Act into effect or for enabling this Act to have full force and effect.
(2) Subject and without prejudice to any adaptation or modification made by the Minister under subsection (1) of this section, the following provision shall have effect in relation to every enactment (whether relating or not relating to any matter or thing dealt with by this Act) which is in force at the commencement of this Act, that is to say, references therein to the roll of midwives shall be construed as references to the midwives division.
(3) Subsection (2) of this section shall come into force on the establishment date.
(4) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Provisions in relation to Income Tax chargeable on dissolved bodies.
81.—(1) A dissolved body shall, on and after the establishment date, continue to be liable under the Income Tax Acts to prepare and deliver any statement, return or particulars required for the purposes of those Acts for any year of assessment ending on or before the 5th day of April next following the establishment date.
(2) Assessments to income tax for any year of assessment ending on or before the 5th day of April next following the establishment date may be made on a dissolved body on or after the establishment date, and income tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before the establishment date.
(3) For the purposes of subsections (1) and (2) of this section, the officer performing the duties of a secretary of the Board shall be deemed to be secretary of a dissolved body or other officer performing the duties of secretary of that dissolved body.
SCHEDULE.
Enactments Repealed.
Session and Chapter or Number and Year | Short Title | Extent of Repeal |
9 & 10 Geo. 5, c. 96 | Nurses Registration (Ireland) Act, 1919. | The whole Act. |
No. 10 of 1944. | Part II. Sections 23, 24, 25, 28, 29, 38, 39, 40, 41, 42, 60, 63, 64 and 65. | |
No. 19 of 1948. | The whole Act. |