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Nursing Act, 2005 (Act No. 33 of 2005)

Chapter 5 : General and Supplementary Provisions

61. Transitional provisions

 

(1) Any proclamation, notice, regulation, authorisation or order issued, made or granted, any registration or enrolment, any removal from a register or roll or any appointment or any other thing done in terms of a provision of any law repealed by section 60(1) is, unless inconsistent with any provision of this Act, deemed to have been issued, made, granted or done under the corresponding provision of this Act.

 

(2) The members of the Council as constituted immediately prior to the commencement of this Act must continue to be members thereof, and the Council is regarded to be validly constituted in terms of this Act until a date determined by the Minister and published in the Gazette.

 

(3) If any member referred to in subsection (2) vacates his or her office, the Council must, until the date referred to in that subsection, consist of the remaining members.

 

(4) Despite the provisions of subsection (1) and subject to the provisions of subsection (5). the Council has the power to institute or conclude disciplinary proceedings under the relevant provisions of the repealed laws in accordance with the procedures as prescribed by regulations made under such repealed laws, against any person who, at any time prior to the first meeting of the Council after the commencement of this Act, is alleged to have committed an act which may have constituted improper or disgraceful conduct in tern of the provisions of the repealed laws or any regulation made thereunder.

 

(5) The Council may not institute proceedings referred to in subsection (4) against any person unless the nature of the contravention which such person is alleged to have committed in terms of the repealed laws or any regulation made thereunder is substantially the same as that of a contravention referred to in the corresponding provisions of this Act or of any regulation made thereunder.