Nurses Act, 1985
|
Attaching of conditions to retention on register. |
40.—(1) The Board, following an inquiry and report by the Fitness to Practise Committee pursuant to section 38 of this Act, may decide to attach such conditions as it thinks fit to the retention in the register of a person whose name is entered in the register. | |
(2) On making a decision under this section, the Board shall forthwith send by pre-paid post to the person to whom the decision relates, at his address as stated in the register, a notice in writing stating the decision, the date thereof and the reasons therefor. | ||
(3) A person to whom a decision under this section relates may, within the period of 21 days beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies— | ||
(a) the High Court, on the hearing of the application, may— | ||
(i) cancel the decision, or | ||
(ii) declare that it was proper for the Board to make a decision under this section in relation to such person and either (as the Court may consider proper) direct the Board to attach such conditions as the Court thinks fit to the retention of the name of such person in the register, or | ||
(iii) give such other directions to the Board as the Court thinks proper, | ||
(b) if at any time the Board satisfies the High Court that such person has delayed unduly in proceeding with the application, the High Court shall, unless it sees good reason to the contrary, declare that it was proper for the Board to make a decision under this section in relation to such person and (as the Court may consider proper) direct the Board to attach such conditions as the Court may specify to the retention of the name of such person in the register, | ||
(c) the High Court may direct how the costs of the application are to be borne. | ||
(4) Where a person to whom a decision of the Board under this section relates does not within the period of 21 days beginning on the date of the decision, apply to the High Court for cancellation of the decision, the Board may apply ex parte to the High Court for confirmation of the decision and, if the Board so applies, the High Court, on the hearing of the application shall, unless it sees good reason to the contrary, declare accordingly and (as the Court may consider proper) direct the Board to attach such conditions as the Court may specify to the retention of the name of such person on the register. | ||
(5) The decision of the High Court on an application under this section shall be final save that, by leave of that Court or the Supreme Court, an appeal by the Board or the person concerned from the decision shall lie to the Supreme Court on a specified question of law. | ||
(6) On attaching conditions under this section to the retention of the name of a person on the register, the Board shall forthwith send by pre-paid post to such person, at his address as stated in the register, notice in writing of the conditions. | ||
(7) The Board may at any time remove in whole or in part the conditions attached to the retention of the name of any person on the register. |