Nurses and Midwives Act 2011

Conditions attached to registration.

51.— (1) A nurse or midwife making an application for registration shall declare in the application whether the nurse or midwife has any relevant medical disability.

(2) Where the Board is satisfied that—

(a) a nurse or midwife making an application for registration has a relevant medical disability, and

(b) in the interests of public safety, registration should only be granted to the nurse or midwife subject to conditions on the practising of nursing or midwifery which take account of that disability,

the Board shall specify the conditions (in this section referred to as the “proposed conditions”) which, in the opinion of the Board, are necessary to be attached to the registration of the nurse or midwife in those interests.

(3) Where the nurse or midwife the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions to the registration, the Board shall register the nurse or midwife and at the same time comply with section 46 (8) in respect of the conditions.

(4) A nurse or midwife who, at the time of registration did not have a relevant medical disability but develops a medical disability at any time after registration shall notify the Board when the medical disability becomes a relevant medical disability in that it develops to the point that it may impair his or her ability to practise nursing or midwifery, or a particular aspect of nursing or midwifery, not later than—

(a) 30 days after the medical disability becomes a relevant medical disability, or

(b) where the relevant medical disability concerned renders it impracticable for the nurse or midwife to notify the Board within those 30 days, as soon as is practicable in the circumstances.

(5) Where the Board is satisfied, after receiving a notification under subsection (4), that in the interests of public safety, the registration of the nurse or midwife should become subject to conditions on the practising of nursing or midwifery, as the case may be, which take account of that relevant medical disability, the Board shall decide that conditions should be attached to the registration of the nurse or midwife in those interests, specify those proposed conditions and propose that the nurse or midwife accept that those conditions be attached to his or her registration.

(6) Where the nurse or midwife the subject of a decision under subsection (5) agrees in writing to the attachment of the proposed conditions, the Board shall attach those conditions to the registration of the nurse or midwife and at the same time comply with section 46 (8) in respect of the conditions.

(7) Where the nurse or midwife the subject of a decision under subsection (5) refuses, in writing, to agree to the attachment of the proposed conditions, or does not respond within 30 days after receiving the decision from the Board, the Board shall make a complaint under section 55 (1)(d).