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Erasure from register of persons convicted of indictable offence.
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42.—(1) Where a nurse is convicted in the State of an offence triable on indictment or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, the Board may decide that the name of such person should be erased from the register.
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(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.
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(3) A person to whom a decision under this section relates may, within the period of twenty-one days, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if such person so applies—
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(a) the High Court, on the hearing of the application, may—
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(i) cancel the decision, or
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(ii) confirm the decision and direct the Board to erase the name of such person from the register, or
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(iii) give such other directions to the Board as the Court thinks proper,
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(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, confirm the decision and direct the Board to erase the name of such person from the register,
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(c) the High Court may direct how the costs of the application are to be borne.
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(4) Where a person to whom a decision of the Board under this section relates does not within the period of twenty-one 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, confirm the decision and direct the Board to erase the name of such person from the register.
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(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.
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(6) On erasing the name of a person from the register under this section, 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 erasure.
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(7) The name of any person which has been erased from the register under this section may at any time be restored to the register by direction of the Board but not otherwise, and when a person's name is so restored to the register, the Board may attach to the restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by such person if he was then being registered for the first time) as the Board thinks fit.
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