Журнал 832-го пленарного заседания Форума по сотрудничеству в области безопасности
In the Nurses, Midwives and Health Visitors Act 1979 (“the 1979 Act”) in section 1 (constitution etc. of United Kingdom Central Council for Nursing, Midwifery and Health Visiting) for subsections (2) to (7) there shall be substituted—
For Schedule 1 to that Act there shall be substituted the Schedule set out in Schedule 1 to this Act.
Before the end of the period of six months beginning with the day on which this Act is passed, the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“the Council”) shall submit to the Secretary of State for his approval—
a proposal with respect to the number of members of which the Council is to consist after the coming into force of section 1 above, and
a scheme for the election of persons to be appointed to the Council.
A scheme under subsection (1)(b) above shall include provision determining the professional, residential or other qualifications which a person must have to be eligible to vote or to be elected in an election held under the scheme.
The provision to be included in pursuance of subsection (2) above with respect to the qualifications which a person must have to be eligible to be elected in an election held under the scheme shall be such as to exclude from eligibility anyone who is not a registered nurse, midwife or health visitor living or working in the United Kingdom.
If the Secretary of State approves a proposal submitted to him under subsection (1)(a) above he shall signify his approval by order.
If the Secretary of State approves a scheme submitted to him under subsection (1)(b) above he shall give effect to it by order.
Orders under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In section 3(3) of the 1979 Act (power of Secretary of State to constitute standing committees)—
at the beginning there shall be inserted “ If the Council (having regard to the duty imposed by section 2(6)) requests him to do so, ”, and
the words from “including” to the end shall be omitted.
In section 5 of the 1979 Act (constitution of National Boards for Nursing, Midwifery and Health Visiting) for subsections (2) to (10) there shall be substituted—
Section 6 of the 1979 Act (functions of National Boards) shall be amended as follows.
In subsection (1), in paragraph (a), for “provide, or arrange for others to provide, at institutions approved by the Board-” there shall be substituted “ approve institutions in relation to the provision of- ”.
(da) perform such other functions relating to nurses, midwives or health visitors as the Secretary of State may by order prescribe.
In that subsection, paragraph (e) (investigation of cases of alleged misconduct) shall be omitted.
In subsection (2), for the words from “have” to the end there shall be substituted “ take account of any difference in the considerations applying to the different professions. ”
The following provisions of the 1979 Act shall cease to have effect—
section 7 (standing committees of National Boards),
section 8 (joint committees of Central Council and National Boards), and
section 9 (local training committees of National Boards).
Section 12 of the 1979 Act (proceedings about the register) shall be amended as mentioned in subsections (2) to (4) below.
(ba) a person’s registration in the register or a part of it may be directed to be suspended, that is to say, not to have effect during such period as may be specified in the direction;
In subsection (2) (proceedings to be heard and determined by committees of the Council) after “register” there shall be inserted “ , for the suspension, or termination of the suspension, of a person’s registration in the register ”.
At the end there shall be inserted—
In section 13(1) of that Act (decisions which a person may appeal against) after “register” there shall be inserted “ , or to direct that his registration in the register be suspended, ”.
Section 12 of the 1979 Act shall be amended as follows.
In subsection (2) (committees of the Council to be constituted to hear and determine proceedings about the register) for “hear and determine” there shall be substituted “ deal with ”.
In subsection (3) (constitution of committees dealing with proceedings about the register)—
for “The committees shall be constituted from members of the Council; and” there shall be substituted “ The committees need not be constituted exclusively from members of the Council, but the rules shall provide, in relation to committees constituted by them, that there shall only be a quorum if a majority of those present are members of the Council. ”; and
the remainder of the subsection shall become subsection (3A).
After section 12 of the 1979 Act there shall be inserted—
In section 4(3) of the 1979 Act (which requires the Council to refer proposals regarding midwifery practice rules to its Midwifery Committee) paragraph (b) (which requires the Council to consult the National Boards before acting on the Midwifery Committee’s report) shall be omitted.
In section 15(2) of the 1979 Act (local supervising authority to inform National Board of receipt of notice of intention to practise) for “National Board” there shall be substituted “ Council ”.
In section 16 of the 1979 Act (local supervision of midwifery practice) there shall be inserted at the end—
Section 19 of the 1979 Act (finances of Central Council and National Boards) shall be amended as follows.
In subsection (3) (power of Secretary of State to make grants to Central Council and National Boards in respect of certain expenditure)— (d) the coming into force (whether in whole or part) of any provision of the Nurses, Midwives and Health Visitors Act 1992.
paragraph (a) (expenses in connection with initial establishment) shall be omitted, and
at the end there shall be inserted—
Subsection (4) (duty of Central Council to reimburse certain expenditure of National Boards not otherwise met) shall cease to have effect.
In section 22 of the 1979 Act (duty of Central Council to consult about rules) after subsection (3) there shall be inserted—
Notwithstanding paragraph 2(2) of Schedule 1 to the 1979 Act (period of office of member of Central Council), where a person is a member of the Council immediately before the day on which this Act is passed, the appointment by virtue of which he is then a member of the Council shall have effect as an appointment for a period ending immediately before the day on which section 1 above is brought into force.
Notwithstanding paragraph 2(1) of Schedule 2 to the 1979 Act (period of office of member of National Board), where a person is a member of a National Board immediately before the day on which this Act is passed, the appointment by virtue of which he is then a member of the Board shall have effect as an appointment for a period ending immediately before the day on which section 4 above is brought into force in relation to the Board.
Where immediately before ceasing to have functions under section 6(1)(e) of the 1979 Act a National Board is investigating in pursuance of that provision a case of alleged misconduct, it shall, as soon as practicable after ceasing to have functions under that provision, notify the Central Council of the case and supply to the Council such information about its investigation of the case as the Council may require.
In this section—
“the Central Council” means the United Kingdom Central Council for Nursing, Midwifery and Health Visiting; and
“the Central Council” means the United Kingdom Central Council for Nursing, Midwifery and Health Visiting; and
“National Board” means a body established by section 5(1) of the 1979 Act.
“National Board” means a body established by section 5(1) of the 1979 Act.
Schedule 2 to this Act (minor and consequential amendments) shall have effect.
The enactments specified in Schedule 3 to this Act (which include certain provisions which are already spent) are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Nurses, Midwives and Health Visitors Act 1992.
In this Act “the 1979 Act” has the meaning given by section 1(1) above.
This Act, except sections 2 and 15, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.
This Act extends to Northern Ireland.
Section 1.
Section 16.
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) in the entry relating to the Chairman of any of the National Boards, for the words from “if” to the end there shall be substituted “ or member of any of those Boards appointed at a salary ”.
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, in the entry relating to the chairman of the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland there shall be inserted at the end “ or member of that Board appointed at a salary ”.
In section 2(3) of the 1979 Act (duty of Central Council to make rules about training) after “kind” there shall be inserted “ content ”.
In section 6(1)(b) of that Act (duty of National Boards to ensure training courses meet Central Council’s requirements) after “their” there shall be inserted “ kind, ”.
In section 16(2)(b) of that Act (duty of local supervising authority to report prima facie cases of misconduct by midwives) for “to the National Board for the part of the United Kingdom in which the authority acts” there shall be substituted “ to the Council ”.
In section 17(3) of that Act, for “Subsections (1) and (2) do” there shall be substituted “ Subsection (1) does ”.
In section 20(5) of that Act (duty to make annual report) there shall be inserted at the end “ ; and a report under this subsection shall, in the case of a report by any of the Boards, be in such form as the Secretary of State may require. ”
Section 23(1) of that Act (interpretation) shall be amended as follows. In the definition of “elected members” for “section 5(4)(b)” there shall be substituted “ section 1(3) ”. After that definition there shall be inserted—.
Schedule 6 to that Act (adaptations for Northern Ireland and its National Board) shall be amended as follows. In paragraph 1, for “7, 9, 17,” there shall be substituted “ 6, ”. In paragraph 2, the Table shall be amended as follows— After paragraph 2 there shall be inserted— In paragraph 3(a), for “7 or 9” there shall be substituted “ 5 or 6 ”. In paragraph 4, in the inserted section 23(2)(c), for “7 or 9” there shall be substituted “ 5 or 6 ”.
Section 16. Chapter Short title Extent of repeal 1975 c. 24. The House of Commons Disqualification Act 1975. In Schedule 1, in Part III, the entry relating to the Chairman of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting. 1979 c. 36. The Nurses, Midwives and Health Visitors Act 1979. In section 3(3), the words from “including” to the end.Section 4(3)(b).Section 6(1)(e).Sections 7 to 9.In section 17, subsection (2) and, in subsection (4), the words ”or (2)”. In section 19, subsections (3)(a) and (4).In section 23(2), the words "Schedule 2, Part I,".In Schedule 2, paragraphs 1 to 4 and 6 to 8.In Schedule 6, in paragraph 1, the word "2", in paragraph 2, in the table, in the first entry, in column 1, the words "and Schedule 2, paragraph 3", in the second entry, in column 1, the words "and Schedule 2, paragraphs 6(5) and 7", the third entry and the eighth entry.