PART VI

Miscellaneous

48. —The Board may make and carry out arrangements with any person or body to assist the Board or any of its committees in the proper discharge of any of its functions.

49. —(1) Any person who—

(a) not being a person registered in the register of nurses, takes or uses the name or title of nurse or midwife, either alone or in combination with any other words or letters or any name, title or description, implying that the person is registered in the register, or

(b) being a person whose name is included in any division of the register, takes or uses any name, title or description, or otherwise does any act of any kind, implying that the person is registered in any other division of the register 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 to any other person, or

(d) makes, or causes to be made, any false declaration or misrepresentation for the purpose of obtaining registration under this Act or who aids or abets in the making of any such false declaration or misrepresentation,

shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment.

(2) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within two years from the commission of the offence.

50. —The Board shall as soon as may be after the end of each year prepare and publish a report of its proceedings under this Act during the preceding year.

51. —(1) It shall be a function of the Board to advise the Minister, either at the request of the Minister or on its own initiative, on all matters relating to the functions assigned to the Board under this Act.

(2) It shall be a function of the Board to give guidance to the nursing profession generally on all matters relating to ethical conduct and behaviour.

(3) It shall be a function of the Board to advise the public on all matters of general interest relating to the functions of the Board.

52. —The Board shall carry out such functions as may be assigned to it from time to time by the Minister in relation to the implementation of any Directive or Regulation adopted or made by the Council of the European Communities relating to the practice of nursing and the persons engaged in such practice.

53. —(1) The Board shall carry out such functions, other than the functions assigned to it by this Act, as may be assigned to it from time to time by the Minister by order in relation to nursing education and training or other matters relating to the practice of nursing and the persons engaged in such practice.

(2) The Minister may amend or revoke an order made under this section, including this subsection.

(3) 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 House of the Oireachtas within the next 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.

54. —Every reference to An Bord Altranais contained in any enactment or in any statutory instrument shall be construed as a reference to the Board.

55. —(1) The Minister may make regulations for the purpose of giving effect to any of the provisions of this Act.

(2) Every regulation, other than a regulation made under section 9 (3) of this Act, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

56. — The Minister may by regulations make in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptations or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.

57. —(1) Where a midwife, who is not employed by a health board, or by a hospital authority providing maternity services or by a maternity home authority, is practising or proposes to practise midwifery, he shall notify the health board, or health boards, as the case may be, in whose functional area he practises of intends practising of such practice or proposal to practise.

(2) It shall be the duty of a health board in whose functional area a midwife of the type referred to in subsection (1) of this section is practising or proposes to practise to exercise, in accordance with regulations made by the Minister, general supervision and control over such midwife.

58. —(1) No person shall attend a woman in childbirth unless such person is—

(a) a midwife, or

(b) a registered medical practitioner, or

(c) undergoing training to be a registered medical practitioner or a midwife and gives such attention as part of a course of professional training, or

(d) undergoing experience and training in obstetrics and gives such attention as part of a course of professional training,

unless such attention is given, otherwise than for reward, in any case of sudden or urgent necessity where neither a midwife nor a registered medical practitioner is immediately available.

(2) Any person who acts in contravention of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

59. —Every offence under this Act may be prosecuted by the Board.