Regulated Professions (Health and Social Care) (Amendment) Act 2020

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Amendment of section 2 of Act of 2011

144. Section 2 of the Act of 2011 is amended—

(a) in subsection (1) —

(i) in the definition of “appropriate fee”, by the insertion of “(if any)” after “means the fee”,

(ii) in the definition of “conditions”, by the insertion of “and restrictions” after “terms”,

(iii) in the definition of “decision”, by the insertion of “52A,” after “section 52,”,

(iv) in the definition of “relevant condition”, in paragraph (b), by the substitution of “section 52(4) or 52A(4)” for “section 52(4)”,

(v) by the substitution of the following definition for the definition of “relevant medical disability”:

“‘relevant medical disability’, in relation to a person, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair his or her ability to practise nursing or midwifery or a particular aspect thereof;”,

and

(vi) by the insertion of the following definitions:

“‘allegation’, in relation to a complaint, means an allegation—

(a) arising out of the complaint, and

(b) which falls within one or more than one of the grounds specified in section 55(1);

‘authorised officer’ means a member of the staff of the Board appointed under section 56(1) to be an authorised officer to perform the functions specified under section 56(2);

‘health or social care’, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity or former capacity as a member of a relevant profession;

‘investigation’, in relation to a complaint, means an investigation referred to in section 56A(1);

‘investigation report’, in relation to a complaint, means a report referred to in section 56A(3) following the investigation of the complaint;

‘material matter’, in relation to a person (howsoever described), means—

(a) any of the following taken by any regulatory body (whether in or outside the State), other than the Board, in relation to the provision of one or more than one kind of health or social care by the person:

(i) the imposition of conditions (other than relevant conditions) on any registration or licence;

(ii) the suspension, withdrawal or removal of any registration or licence;

(iii) the refusal to grant registration or a licence,

or

(b) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment;

‘registered address’—

(a) in relation to a registered nurse or registered midwife, means the address specified in the register of nurses and midwives as the nurse’s or midwife’s address, and

(b) in relation to a registered candidate, means the address specified in the candidate register as the candidate’s address;

‘registered candidate’ means a candidate whose name is entered in the candidate register;

‘relevant profession’ means any of the following professions:

(a) dentist;

(b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 ;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist;

‘restriction’ includes a condition;”,

and

(b) by the insertion of the following subsection after subsection (2):

“(3) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Board of its functions under the Regulations of 2017 as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.