India - Second National Agricultural Research Project : Credit 1631 - Credit Agreement - Conformed
There shall be a corporate body known as the United Kingdom Central Council for Nursing, Midwifery and Health Visiting.
The Council shall consist of such number of members, not greater than 60, and a multiple of three, as is proposed and approved in accordance with section 2 of the Nurses, Midwives and Health Visitors Act 1992.
Two-thirds of the members of the Council shall be appointed by the Secretary of State on being elected under the electoral scheme (“elected members”).
the majority shall be members of the National Boards established by section 5 below and be nominated by the Boards (in equal numbers) in accordance with Part I of Schedule 1 to this Act; and
the other members shall be persons appointed by the Secretary of State.
Appointments otherwise than for the purposes of subsection (3) shall be made by the Secretary of State from among persons who—
are registered nurses, midwives, health visitors or medical practitioners, or
have such qualifications and experience in education or other fields as, in the opinion of the Secretary of State, will be of value to the Council in the performance of its functions.
In making appointments for the purposes of subsection (4), the Secretary of State shall have especially in mind—
the need to secure that the members of the Council include registered nurses, midwives and health visitors and persons living or working in each part of the United Kingdom, and
the need to secure that qualifications and experience in the teaching of nursing, midwifery and health visiting are adequately represented on the Council.
The Council shall have a president and a vice-president appointed by the Council from among its members.
a chairman appointed from among its members (initially by the Secretary of State and, as from such later day as he may by order appoint, by the Council itself); and
a deputy chairman appointed by the Council from among its members.
Schedule 1 to this Act shall have effect with respect to the constitution and administration etc. of the Council.
For the purposes of subsection (3), a person appointed as a replacement for an elected member shall be treated as an elected member.
The principal functions of the Central Council shall be to establish and improve standards of training and professional conduct for nurses, midwives and health visitors.
The Council shall ensure that the standards of training they establish are such as to meet any Community obligation of the United Kingdom.
The Council shall by means of rules determine the conditions of a person’s being admitted to training, and the kind contentand standard of training to be undertaken, with a view to registration.
The rules may also make provision with respect to the kind and standard of further training available to persons who are already registered.
The powers of the Council shall include that of providing, in such manner as it thinks fit, advice for nurses, midwives and health visitors on standards of professional conduct.
In the discharge of its functions the Council shall have proper regard for the interests of all groups within the professions, including those with minority representation.
The Secretary of State shall by order constitute as standing committees of the Council a Midwifery Committee and a Finance Committee.
The Council shall consult the Finance Committee on all financial matters.
If the Council (having regard to the duty imposed by section 2(6)) requests him to do so,the Secretary of State may by order constitute other standing committees of the Council and (to the extent prescribed by the order) require the Council to consult them on, or empower them to discharge functions of the Council with respect to, other matters [. . .
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An order constituting a standing committee of the Council—
may provide for persons who are not members of the Council to be appointed as members of that committee; and
shall provide for a majority on the committee to be persons who work or have worked in the professional field with which it is primarily concerned.
Of the members of the Council’s Midwifery Committee the majority shall be practising midwives.
The Council shall consult the Committee on all matters relating to midwifery and the Committee shall, on behalf of the Council, discharge such of the Council’s functions as are assigned to them either by the Council or by the Secretary of State by order.
The Council shall assign to the Committee any matter involving a proposal to make, amend or revoke rules under section 15 below; and—
the Committee shall consider the proposal and report on it to the Council;
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The Secretary of State shall not approve rules relating to midwifery practice unless satisfied that they are framed in accordance with recommendations of the Council’s Midwifery Committee.
Any matter which is assigned to the Midwifery Committee otherwise than under subsection (3) shall be finally dealt with by the Committee on behalf of the Council, so far as the Council expressly authorise the Committee to deal finally with it; and the Committee shall make a report to the Council as to the way in which they have dealt with the matter.
England, Wales, Scotland and Northern Ireland shall each have a National Board for Nursing, Midwifery and Health Visiting, and the Boards shall be corporate bodies.
A National Board shall consist of—
a chairman appointed by the Secretary of State from among persons who are registered nurses, midwives or health visitors,
such number of other members appointed by the Secretary of State as he may specify by order,
the person for the time being appointed in pursuance of subsection (6)(a) to be the chief executive officer of the Board, and
any person for the time being appointed in pursuance of subsection (6)(b) to an office under the Board which is specified for the purposes of this paragraph by the Secretary of State by order.
Appointments to a National Board for the purposes of subsection (2)(b) shall be made from among persons who—
are registered nurses, midwives or health visitors, or
have such qualifications and experience in education or other fields as, in the opinion of the Secretary of State, will be of value to the Board in the performance of its functions.
The Secretary of State shall so exercise his powers under this section as to secure in relation to a National Board that a majority of the members of the Board are registered nurses, midwives or health visitors.
of members directly appointed by the Secretary of State; and
of elected members, that is to say members appointed by him on being elected under an electoral scheme to be prepared and approved as set out in Part I of Schedule 2 to this Act;
The Secretary of State may, with the consent of the Treasury—
pay such remuneration as he thinks fit to any person who is a member of a National Board by virtue of appointment by the Secretary of State, and
make such provision as he thinks fit for the payment to or in respect of any such person of pensions, allowances or gratuities.
are nurses, midwives, health visitors or registered medical practitioners, or
have such qualifications and experience in education or other fields as, in his opinion, will be of value to the Board in the performance of its functions.
A National Board shall have— appointed by the Board.
a chief executive officer, and
such other officers as the Secretary of State may by order specify for the purposes of this paragraph,
The Secretary of State may by order make such further provision with respect to the constitution and administration of a National Board as he thinks fit.
Without prejudice to the generality of subsection (7), provision under that subsection may include—
provision with respect to qualification for membership;
provision for the appointment of a deputy chairman and with respect to his powers;
provision with respect to tenure of office of chairman, deputy chairman and other members;
provision with respect to the appointment of officers;
provision requiring payments to employees to be such as the Secretary of State may, with the consent of the Treasury, approve;
provision requiring powers with respect to the employment of staff to be exercised in accordance with written directions of the Secretary of State;
provision with respect to procedure, including the constitution of committees;
provision authorising the appointment of persons who are not Board members to committees of the Board.
Orders under subsection (7) may include provision with respect to proof of documents.
Orders under this section may make different provision in relation to different Boards.
The National Boards shall in England, Wales, Scotland and Northern Ireland respectively—
approve institutions in relation to the provision of—
courses of training with a view to enabling persons to qualify for registration as nurses, midwives or health visitors or for the recording of additional qualifications in the register; and
courses of further training for those already registered;
ensure that such courses meet the requirements of the Central Council as to their kind,content and standard;
hold, or arrange for others to hold, such examinations as are necessary to enable persons to satisfy requirements for registration or to obtain additional qualifications;
collaborate with the Council in the promotion of improved training methods; and (da) perform such other functions relating to nurses, midwives or health visitors as the Secretary of State may by order prescribe.
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The National Boards shall discharge their functions subject to and in accordance with any applicable rules of the Council and shall take account of any difference in the considerations applying to the different professions.
The Secretary of State shall for each of the National Boards by order constitute as standing committees of the Board a Midwifery Committee and a Finance Committee.
Of the members of the Board's Midwifery Committee the majority shall be practising midwives.
Each Board shall consult its Midwifery Committee on all matters relating to midwifery and the Committee shall, on behalf of the Board, discharge such of the Board's functions as are assigned to them by the Board or by the Secretary of State by order.
In particular, the Board, when consulted by the Central Council with respect to matters dealt with in a report of the latter's Midwifery Committee, shall seek the views of its own Midwifery Committee on those matters.
Each Board shall consult its Finance Committee on all financial matters.
In the case of any Board, the Secretary of State may by order constitute other standing committees of the Board and (to the extent prescribed by the order) require the Board to consult them on, or empower the committee to discharge functions of the Board with respect to, any other matters including any of those mentioned in section 3(3).
An order constituting a standing committee of a National Board—
may provide for persons who are not members of the Board to be appointed as members of that committee; and
shall provide for a majority on the committee to be persons who work or have worked in the professional field with which it is primarily concerned.
The Secretary of State shall by order constitute a joint committee of the Central Council and the National Boards, called the Health Visiting Joint Committee.
Of the members of the Health Visiting Joint Committee, the majority shall be practising health visitors.
The Council and each of the Boards shall consult the Joint Committee on all matters relating to health visiting and shall not act on any such matters before receiving a recommendation of the Joint Committee which shall be made within such period of time as the Council or Board shall specify; and the Committee shall, on behalf of the Council or of any Board, discharge such of the functions of the Council or the Board as are assigned to it by the body otherwise charged with those functions, or by the Secretary of State by order.
The Secretary of State may by order constitute other joint committees of the Council and the National Boards and (to the extent prescribed by the order)—
require the Council and the Boards to consult the appropriate joint committee on such matters as may be assigned to it; and
authorise any such committee to discharge functions of the Council or a Board with respect to any matters including any of those mentioned in section 3(3).
There may in particular be constituted under subsection (4) a joint committee to be concerned with district nursing.
Joint committees shall be constituted from members of the Council and of the Boards, in such numbers and proportions as the Secretary of State's order may specify; and his order—
may provide for persons who are not members of the Council or of any Board to be appointed as members of the joint committee ;
shall provide for a majority on the joint committee to be persons who work or have worked in the professional field with which it is primarily concerned.
The Secretary of State may by order provide for the constitution of training committees of the Boards for such areas of England, Wales, Scotland and Northern Ireland as the order may prescribe.
The committees shall be charged with assisting the Boards in the exercise of their training functions, being the functions specified in section 6(1)(a) to (c) above.
The committees shall discharge the training functions of the Boards to such extent and in such cases as may be prescribed or (subject to orders under this section) the Boards may direct.
The committees shall carry out their functions in accordance with directions given to them by the Boards.
Orders under this section may make provision for persons who are not members of a Board to be appointed as members of any of its training committees.
Before making an order under this section, and before varying or revoking such an order, the Secretary of State shall consult the Central Council and have regard to any proposals made by the Council after it has consulted the Boards for the parts of the United Kingdom affected.
The Central Council shall prepare and maintain a register of qualified nurses, midwives and health visitors.
The register shall be divided into such parts as the Secretary of State may by order determine, the parts being indicative of different qualifications and different kinds and standards of training; and in this Act references to parts of the register are to the parts so determined.
The Council may by rules make provision—
as to the documentary and other evidence to be produced, and the fees to be paid, by those applying for registration or for additional qualifications to be recorded, or for any entry in the register to be altered or restored;
as to the keeping of the register and the means of obtaining access to, and copies of extracts from it;
for a person’s registration to remain effective without limitation of time (subject to removal from the register for misconduct or otherwise) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.
The Secretary of State may by order provide—
for persons to be registered in one or more parts of the register by virtue of having been included in one or more of the registers, rolls or lists maintained under enactments repealed by this Act, or having been certified under any of those enactments;
for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part;
for a specified part of the register to be sub-divided into two or more parts, or for two or more parts to be combined into one.
The Secretary of State shall consult the Central Council before making, varying or revoking any order under this section.
A certificate issued and duly authenticated by the Council stating that a person is, or was at any date, or is not, or was not at any date, registered shall be evidence in all courts of law of the fact stated in the certificate.
In any enactment or instrument (past or future, and including this Act) “registered”, in relation to nurses, midwives and health visitors, means registered in the register maintained under this section by virtue of qualifications in nursing, midwifery or health visiting, as the case may be.
Orders under subsection (2) may, by reference to the part or parts in which a person is registered, prescribe the more advanced qualifications which he must have in order to be treated as a qualified nurse for the purposes of any particular enactment or instrument.
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; “EEA State” means a Contracting Party to the EEA Agreement; “national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties.
A person seeking admission to a part of the register must make application to the Central Council in accordance with the Council’s rules.
Subject to subsection (4) below, the applicant shall be registered in that part (on payment of such fee as may be required by the rules) if he satisfies the Council that he is of good character and has the appropriate professional qualifications.
He is to be regarded as having those qualifications if—
he has in the United Kingdom undergone the training, and passed the examinations, required by the Council’s rules for admission to that part of the register; or
being a national of any EEA State, he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Secretary of State has by order designated as having Community equivalence for purposes of registration in that part; or
he has, elsewhere than in the United Kingdom, undergone training in nursing, midwifery or health visiting (as the case may be) and either—
that training is recognised by the Central Council as being to a standard sufficient for registration in that part; or
it is not so recognised, but the applicant has undergone in the United Kingdom or elsewhere such additional training as the Council may require.
In the case of an applicant within subsection (3) . . . (c), the rules may either—
make it an additional condition of his being registered that he has the necessary knowledge of English; or
require him to have that knowledge within a period specified by the rules (failing which his registration will lapse at the end of the period).
An order under subsection (3)(b) may provide that a professional qualification designated by the order is to be regarded as having Community equivalence for the purposes of registration in a part of the register only if prescribed conditions required by a directive issued by the Council of the European Communities are fulfilled; and different conditions may be prescribed with respect to the same qualification for different circumstances.
In this Act—
Any person who— shall be treated for the purposes of subsection (3)(b) above as if he were such a national.
is not a national of an EEA State, but
is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,
In any case where— he shall be registered in that part within 3 months of the date on which the Council was in receipt of that evidence or such longer period as may be permitted in his case by Article 10 of the Nursing Directive or Article 11 of the Midwifery Directive.
an application for admission to a part of the register is made by an applicant within subsection (3)(b), and
the Council has received all the documentary evidence as to his character and qualifications required to enable him to be registered,
a person may, for misconduct or otherwise, be removed from the register or a part of it, whether or not for a specified period;
The Central Council shall by rules determine circumstances in which, and the means by which—
For the purposes of this section—
a person who has been removed from the register or a part of it may be restored to it;
(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;
the suspension of a person’s registration in the register or a part of it may be terminated; and
an entry in the register may be removed, altered or restored.
Committees of the Council shall be constituted by the rules to deal with proceedings for a person’s removal from, or restoration to, the register , for the suspension, or termination of the suspension, of a person’s registration in the registeror for the removal, alteration or restoration of any entry.
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.(3A)the rules shall so provide that the members of a committee constituted to adjudicate upon the conduct of any person are selected with due regard to the professional field in which that person works.
The Council may bring proceedings before a committee constituted in pursuance of subsection (2) in respect of a visiting EEA nurse or midwife for the purpose of determining whether by reason of his misconduct or otherwise the provisions of this Act (except this section) relating to visiting EEA nurses or midwives should cease to apply to him; and the provisions of this section and of rules made under this section shall apply, with any necessary modifications, in relation to any such proceedings as they apply in relation to proceedings relating to a person’s removal from the register.
The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in such proceedings, whether before the Council itself or before any committee so constituted, and for the proceedings to be in public except in such cases (if any) as the rules may specify.
In any case where it is determined that those provisions should cease to apply to any person he shall thereupon cease to be a visiting EEA nurse or, as the case may be, a visiting EEA midwife for the purposes of this Act and accordingly shall also cease to be deemed to be registered; and he shall not be entitled to be treated as such a nurse or midwife before the expiry of such period (if any) as may be specified in the determination, or if no such period is specified, without the written consent of the Council.
Schedule 3 to this Act has effect with respect to the conduct of preceedings to which this section applies.
Where a person’s registration in the register or a part of it is suspended under subsection (1)(ba), he shall be treated as not being registered in the register or part notwithstanding that his name still appears in it.
A visiting EEA nurse may practice as a nurse responsible for general care during the period specified in his relevant documents in pursuance of section 22B(4)(a)(ii), and while he is so practising he shall be deemed to be registered as a nurse responsible for general care.
A visiting EEA midwife shall be deemed to be registered as a midwife during the period specified in her relevant documents in pursuance of section 22B(4)(a)(ii).
A person aggrieved by a decision to remove him from the register , or to direct that his registration in the register be suspended,, or to remove or alter any entry in respect of him or by any decision under section 12(2A) or (2B), may, within 3 months after the date on which notice of the decision is given to him by the Council, appeal to the appropriate court; and on the appeal—
the court may give such directions in the matter as it thinks proper, including directions as to the costs of the appeal; and
the order of the court shall be final.
The appropriate court for the purposes of this section is the High Court, the Court of Session or the High Court in Northern Ireland, according as the appellant’s ordinary place of residence is in England and Wales, Scotland or Northern Ireland at the time when notice of the decision is given.
A person commits an offence if, with intent to deceive (whether by words or in writing or by the assumption of any name or description, or by the wearing of any uniform or badge or by any other kind of conduct)—
he falsely represents himself to possess qualifications in nursing, midwifery or health visiting; or
he falsely represents himself to be registered in the register, or in a particular part of it.
A person commits an offence if—
with intent that any person shall be deceived, he causes or permits another person to make any representation about himself which, if made by himself with intent to deceive would be an offence in him under subsection (1); or
with intent to deceive, makes with regard to another person any representation which—
is false to his own knowledge, and
if made by the other with that intent would be an offence in the other under that subsection.
A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than level 4 on the standard scale
Without prejudice to the generality of section 12, rules under that section may make provision with respect to the giving, in the course of disciplinary proceedings, of cautions as to future conduct.
Rules under section 12 may also make provision with respect to the keeping by the Council of a record of any caution as to future conduct given in the course of disciplinary proceedings.
For the purposes of this section, “disciplinary proceedings” means proceedings for removal from the register or a part of it for misconduct.
The Council shall make rules regulating the practice of midwives and these rules may in particular—
determine the circumstances in which, and the procedure by means of which, midwives may be suspended from practice;
require midwives to give notice of their intention to practise to the local supervising authority for the area in which they intend to practise; and
require registered midwives to attend courses of instruction in accordance with the rules.
If rules are made requiring midwives to give the notice referred to in subsection (1)(b), it is then the duty of the local supervising authority to inform the Council of any notices given to them in compliance with the rules.
The following bodies shall be local supervising authorities for midwives—
in England and Wales, Health Authorities;
in Wales, Area Health Authorities ;
in Scotland, Health Boards; and
in Northern Ireland, Health and Social Services Boards.
Each local supervising authority shall—
exercise general supervision, in accordance with rules under section 15, over all midwives practising within its area;
report any prima facie case of misconduct on the part of a midwife which arises in its area to the Council;
have power in accordance with the Council’s rules to suspend a midwife from practice.
The Council may by rules prescribe the qualifications of persons who may be appointed by a local supervising authority to exercise supervision over midwives within its area, and no person shall be so appointed who is not qualified in accordance with the rules.
The National Boards are responsible for providing the authorities with advice and guidance in respect of their functions under this section.
The Council may by rules prescribe standards to be observed with respect to advice and guidance provided under subsection (4)
A person other than a registered midwife of a registered medical practitioner shall not attend a woman in childbirth.
Until the day appointed by the Secretary of State by an order under paragraph 3(1) of Schedule 4 to the Sex Discrimination Act 1975, a man who is a registered midwife shall not attend a woman in childbirth except in a place approved in writing by or on behalf of the Secretary of State.
Subsection (1) does not apply—
where the attention is given in a case of sudden or urgent necessity; or
in the case of a person who, while undergoing training with a view to becoming a medical practitioner or to becoming a midwife, attends a woman in childbirth as part of a course of practical instruction in midwifery recognised by the General Medical Council or one of the National Boards.
A person who contravenes subsection (1)[or (2)] shall be liable on summary conviction to a fine of not more than level 4 on the standard scale
Practising midwives shall be exempt from serving on any jury in Scotland.
The Central Council and the National Boards may each charge such fees, in respect of such matters, as are determined by them respectively with the approval of the Secretary of State, including fees in connection with the training, qualification, examination and certification of nurses, midwives and health visitors.
Subject to this section, fees received by the Council and Boards shall be applied to defray the expenses of the Council and Boards respectively.
The Secretary of State may make grants to the Council and the Boards towards expenses incurred, or to be incurred, by them with the approval of the Secretary of State in connection with—
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the promotion by the Council and Boards of improvements in the education and training of nurses, midwives and health visitors;
the performance by the National Boards of their duties under paragraphs (a) and (b) of section 6(1) above.(d) the coming into force (whether in whole or part) of any provision of the Nurses, Midwives and Health Visitors Act 1992.
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Any sums required by the Secretary of State for making grants under subsection (3) shall be paid out of money provided by Parliament.
The Central Council and each of the National Boards shall—
keep proper accounts, and such records in relation to the accounts, as the Secretary of State may direct; and
in respect of each financial year, prepare a statement of accounts in such form as the Secretary of State may with the approval of the Treasury direct.
The accounts of the Council and of each of the Boards shall be audited in such manner and by such persons . . . as the Secretary of State may direct; and copies of the statements of account, together with the auditors’ reports, shall be sent to the Secretary of State who shall send them to the Comptroller and Auditor General not later than 30th November in the year following that for which the accounts are made up.
The Comptroller and Auditor General shall examine the statements of account and auditors’ reports, certify the statements and prepare a report on the results of his examination.
A person shall not be appointed as auditor under subsection (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989or, in the case of the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland, Article 28 of the Companies (Northern Ireland) Order 1990.
For the purposes of his examination, the Comptroller and Auditor General may inspect the accounts of the Council and Boards and any records relating to them.
The Council and each of the Boards shall annually, within such time as may be limited by the Secretary of State, submit a report to him on the performance of their respective functions during the period since their last such report ; 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.
The Secretary of State shall lay before each House of Parliament—
copies of the statements of account certified by the Comptroller and Auditor General, and the auditors’ reports in respect of the Council and each of the Boards, together with copies of the report made by the Comptroller and Auditor General under subsection (3); and
copies of the reports submitted by the Council and each of the Boards under subsection (5).
The following bodies are dissolved by virtue of this subsection— the General Nursing Council for England and Wales; the General Nursing Council for Scotland; the Central Midwives Board; the Central Midwives Board for Scotland; the Northern Ireland Council for Nurses and Midwives; and the Council for the Education and Training of Health Visitors; and the Health Visiting and Social Work (Training) Act 1962 (which established the last-mentioned Council and also another body not dissolved by this Act) has effect accordingly.
All those persons who at the passing of this Act hold office as members of— the General Nursing Council for England and Wales; the General Nursing Council for Scotland; or the Northern Ireland Council for Nurses and Midwives, shall continue in that office until the Council’s dissolution.
Part I of Schedule 5 to this Act has effect in connection with the transfer to the Central Council and the National Boards of the staff, property, rights and liabilities of the bodies mentioned in subsection (1); and Part II of that Schedule has effect with respect to the disposal of disciplinary proceedings begun before subsection (1) comes into force.
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The Council may make rules for the purpose of giving effect to this Act, and in particular with respect to anything which by this Act is required or authorised to be determined by rules.
Rules under this Act may make different provision in relation to England, Wales, Scotland and Northern Ireland respectively.
Before making any rules under this Act, the Council shall consult—
representatives of any group of persons who appear likely to be affected by the proposed rules; and
the National Boards for the parts of the United Kingdom to which the proposed rules are to extend.
Rules under section 12 shall not come into force until approved by order by the Lord Chancellor and, in the case of rules which apply to proceedings in Scotland, the Lord Advocate; otherwise, rules come into force only when approved by the Secretary of State by order.
Subsection (3)(b) shall not require the Council to consult a National Board if the proposed rules do not appear to the Council to be relevant to the Board’s functions.
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" by order " means by order in a statutory instrument;
" the Central Council " and " the Council " mean the body established by section 1(1);
" elected members " has the meaning given by section 5(4)(b);
" the National Boards " and " the Boards " mean the bodies established by section 5(1);
" prescribed " means prescribed by the Secretary of State by order;
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orders under section 22(4), Schedule 2, Part I, Schedule 3 or Schedule 5, Part I; or
orders appointing a day for the purposes of any provision of this Act.
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The enactments specified in Schedule 7 are amended as there specified
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A registered nurse or midwife who— may apply to the Council for, and the Council shall provide, the necessary documents.
wishes to practice as a nurse or midwife in any EEA State, and
requires for that purpose any such documentary evidence relating to his qualification as is referred to in the Nursing Directive or, as the case may be, the Midwifery Directive
This Act may be cited as the Nurses, Midwives and Health Visitors Act 1979.
This Act, except section 21(2) and this section (which shall come into force on the passing of this Act), shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions of this Act.
This Act extends to Northern Ireland.
In this Act “visiting EEA nurse” and “visiting EEA midwife” means a person who—
is a national of any EEA State, and
is lawfully practising in an EEA State other than the United Kingdom as a nurse responsible for general care or, as the case may be, as a midwife, and
holds the appropriate diploma, and
is temporarily in the United Kingdom as a visitor, and
provides the Council with the relevant documents.
Any person who— shall be treated for the purposes of subsection (1) above as if he were such a national.
is not a national of an EEA State, but
is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,
A visiting EEA nurse and a visiting EEA midwife shall provide the Council with the relevant documents before he provides any services as a nurse or midwife in the United Kingdom except that, in a case of sudden or urgent necessity, a nurse may provide the documents as soon as possible after he has provided his services as a nurse. This subsection is without prejudice to section 17(3)(a).
For the purposes of this Act “the appropriate diploma” means a diploma, certificate or other evidence of formal qualifications which EEA States are required to recognize in the case of a nurse, by the Nursing Directive or, in the case of a midwife, by the Midwifery Directive.
For the purposes of this Act “relevant documents”, in relation to any person means—
a written declaration stating—
that he is intending to practise in the United Kingdom as a nurse responsible for general care or, as the case may be, as a midwife, and
the address of the place where and the period during which he intends so to practise, and
a certificate or certificates issued, not more than twelve months before the date on which the Council is provided with the relevant documents, by the competent authority of the EEA State in which he is practising as mentioned in subsection (1)(b) certifying—
that he is lawfully practising as a nurse responsible for general care or, as the case may be, as a midwife in that State; and
that he holds an appropriate diploma.
For the purposes of this Act—
Section 1.
If the Secretary of State approves a proposal submitted to him by the Council with respect to the number of its members, he shall by order amend section 1 as he thinks fit for the purpose of giving effect to the proposal. The Secretary of State may not approve a proposal under this paragraph if the number proposed—
The Council may vary the electoral scheme with the approval of the Secretary of State. The Secretary of State may not approve a variation under this paragraph if it would have the effect of making anyone other than a registered nurse, midwife or health visitor living or working in the United Kingdom eligible to be elected in an election held under the scheme. The Secretary of State shall signify his approval of a variation under this paragraph by order.
Appointment as a member of the Council shall be for a period prescribed by the Secretary of State by order. The period prescribed by the Secretary of State for the purposes of sub-paragraph (1) above shall not be less than 3 nor more than 5 years.
This paragraph applies where a person (“the former member”) ceases to be a member of the Council before the end of the period for which he was appointed. The vacancy left by the former member shall be filled by a person appointed by the Secretary of State for the remainder of the period for which the former member was appointed. If the former member was an elected member, the Secretary of State shall appoint under sub-paragraph (2) above a person nominated by the Council who shall have the same qualification for election under the electoral scheme as the former member had at the time of his appointment. If the former member was not an elected member, the Secretary of State shall, in making an appointment under sub-paragraph (2) above, have regard to the qualification by virtue of which the former member was appointed. In sub-paragraphs (3) and (4) above, references to an elected member include a replacement for such a member.
Where a member of the Council or any of its committees is absent from meetings for more than 6 months consecutively or is disqualified from practising as a nurse, midwife or health visitor, the Council may by resolution declare that he has ceased to be a member. An elected member shall cease to be a member if he ceases to hold any qualification by virtue of which he was elected. A person appointed as a replacement for an elected member shall cease to be a member if he ceases to hold any qualification by virtue of which he was appointed.
If the president or vice-president ceases to be a member of the Council he shall also cease to be president or vice-president.
The Council may act notwithstanding— At any meeting of the Council the quorum shall be 20 members including, in the case of each part of the United Kingdom, at least one member living or working in that part. The Council may constitute committees of itself for the purpose of transacting particular business of the Council. Persons who are not members of the Council may be appointed by it as members of such committees; but not more than one-third of the members of such a committee shall be persons appointed by virtue of this sub-paragraph. The Council may, by means of standing orders, regulate its own procedure, that of its standing committees and that of any committees constituted under sub-paragraph (3) above, and may, to such extent and in such cases as may be permitted or required by orders of the Secretary of State or by its rules and standing orders, act through those standing and other committees. No defect in the appointment of any member shall invalidate any proceedings of the Council or of its committees.
to its employees such remuneration, and make such provision for the payment of pensions, allowances or gratuities to or in respect of them, as the Secretary of State may, with the consent of the Minister for the Civil Service, approve;
to its chairman and members and to other persons appointed to serve on its standing and other committees, or on any joint committee constituted by or under section 8, such travelling and other allowances as the Secretary of State may determine with the approval of the Minister for the Civil Service.
The Council may pay to its President such remuneration, and make such provision for the payment of pensions, allowances or gratuities to or in respect of him, as it thinks fit. The Council may pay to its members and to other persons appointed to serve on its committees such travelling and other allowances as it thinks fit.
Section 5.
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In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), the following entry is inserted at the appropriate place in alphabetical order— “ Chairman of any of the National Boards constituted under the Nurses, Midwives and Health Visitors Act 1979, if appointed by the Secretary of State under section 5(8)(a) of that Act. ” In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, in Part III the following entry is inserted at the appropriate place in alphabetical order— “ Chairman of the National Board of Nursing, Midwifery and Health Visiting for Northern Ireland ”.
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A Board may pay—
to its employees such remuneration, and make such provision for the payment of pensions, allowances or gratuities to or in respect of them, as the Secretary of State may, with the consent of the Minister for the Civil Service, approve;
to its chairman and members and to other persons appointed to serve on its standing and other committees, such travelling and other allowances as the Secretary of State may determine with the approval of the Minister for the Civil Service.
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For purposes of proceedings under section 12 before the Council or a committee in England and Wales—
the Council or committee may administer oaths;
a solicitor to the Council, and any person entitled to appear at the proceedings, may sue out writs of subpoena ad testificandum and duces tecum (but not so as to compel a person to produce a document which he could not be compelled to produce on the trial of an action); and
section 49 of the Supreme Court of Judicature (Consolidation) Act 1925 (subpoena valid throughout United Kingdom) applies as in relation to causes or matters in the High Court.
For purposes of proceedings under section 12 before the Council or a committee in Scotland;— The powers mentioned above are—
The Central Council shall appoint assessors (either generally or for any particular proceedings or class of proceedings) to advise the Council or committees on questions of law arising in the proceedings. Assessors shall be The Council shall pay to assessors such remuneration as it may determine.
The Lord Chancellor and, for proceedings in Scotland, the Lord Advocate may by order make provision with regard to the functions of assessors. In particular, provision may be made—
A person is qualified for the purposes of section 20(2) if he is a member of one of the recognised professional bodies.
Those bodies are— the Institute of Chartered Accountants in England and Wales; the Institute of Chartered Accountants of Scotland; the Association of Certified Accountants; and the Institute of Chartered Accountants in Ireland.
A person is also qualified if he is a member of a body of accountants established in the United Kingdom and recognised by the Secretary of State for the purposes of section 389(1)(a) of the Companies Act 1985
A Scottish firm is qualified if each of the partners in it is so.
Section 21.
In this Schedule—
" the new statutory bodies " means the Central Council and the four National Boards ;
“the new statutory bodies” means the Central Council and the four National Boards;
" the replaced statutory bodies " means the bodies mentioned in section 21(1) of this Act.
The Secretary of State may by order provide for the transfer on the day specified by the order— The reference in sub-paragraph (1)(b) above to rights and liabilities does not include rights and liabilities under any contract of employment. An order under sub-paragraph (1)(a) above shall, in the case of any persons transferred by the order, provide for the scales of remuneration applicable to them in the employment of the new statutory body and, taken as a whole, the other terms and conditions of that employment to be in general no less favourable than the scales of remuneration, terms and conditions enjoyed by them immediately before the transfer. Any such order shall so provide and have effect that, for the purposes of any enactment specified in it, the employments from which and to which persons are transferred by the order are to be treated as one continuous employment.
Orders under paragraph 2 shall provide for persons suffering loss of employment in consequence of the dissolution of any of the replaced statutory bodies (whether or not they are entitled to payments in respect of that loss of employment under legislation relating to redundancy) to be entitled, in such circumstances as the order may specify, to compensation payable by the Central Council on scales laid down by the Secretary of State with the approval of the Minister for the Civil Service.
Any dispute arising as to whether or not— and any dispute concerning the compensation referred to in paragraph 3, shall be referred to and determined by an industrial tribunal.
the terms of employment with one of the new statutory bodies are, or would be, less favourable to a person than those on which he was employed at the time when the employment was offered to him; or
whether or not a person’s refusal of employment with one of those bodies was reasonable,
Any property, rights and liabilities (other than rights and liabilities under a contract of employment) which are vested in or incumbent on any of the replaced statutory bodies immediately before the day on which the replaced statutory bodies are dissolved and are not transferred on that day by virtue of an order under paragraph 2(1)(b) above shall by virtue of this sub-paragraph be transferred to, and vest in or become incumbent on, the Central Council on that day.
Where a person formerly employed by any of the replaced statutory bodies claims to have a right of action against that body arising from his employment by them but is unable to pursue his claim because of the dissolution of the body, he may bring his claim— The body against whom a claim is brought by virtue of sub-paragraph (1) shall be liable in the same manner and to the same extent as the replaced statutory body would have been liable if it had not been dissolved.
Where on the appointed day any disciplinary proceedings— that body or committee shall refer the proceedings to the Central Council and the Council shall dispose of the matter in whatever way it thinks just.
are pending before any of the replaced statutory bodies or before any committee of theirs; or
have begun but the body or committee seized of them has not communicated its decision to the person who is the subject of the proceedings,
An appeal by a person aggrieved by a decision of any of the replaced statutory bodies or any committee of theirs to remove or suspend him from one of the registers, rolls or lists maintained under any of the enactments repealed by this Act which is pending or proceeding before any court on the appointed day may be continued and disposed of as if the provision of the repealed enactments under which the appeal was brought had remained in force.
In this Part of this Schedule “the appointed day” means the day appointed by the Secretary of State by order for the purposes of this Part.
Section 23(3).
In sections, 5, 6,19, 20, 22 and 23, and Schedules . . . 3 and . . ., as they apply to Northern Ireland and to the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland, there are made the adaptations provided for by this Schedule.
Subject to the following provisions of this Schedule, in the provisions of this Act specified in column 1 of the Table set out below, for any reference specified in column 2 substitute the reference specified in column 3. Provision Reference Substituted reference Sections 5(8)(e) and (f) and 20(5) and (6) . . .. The Secretary of State. The Head of the Department of Health and Social Services for Northern Ireland. Sections 6(1)(da), 19(1), (3) and (4) and 20(1) and (2) . . .. The Secretary of State. The Department of Health and Social Services for Northern Ireland. . . . . . . . . . Sections 5(8)(e) and 20(1)(b). The Treasury. The Department of Finance for Northern Ireland. Section 20. The Comptroller and Auditor General. The Comptroller and Auditor General for Northern Ireland. Section 20(6). Each House of Parliament. The Northern Ireland Assembly. Section 22(4) and Schedule 3, paragraph 4. The Lord Chancellor. The Lord Chief Justice of Northern Ireland. . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 23(1)—
in the definition of “by order”, at the end add the words “or in the case of an order under section [5 or 6] made by the Department of Health and Social Services for Northern Ireland or an order under section 22(4) or paragraph 4 of Schedule 3 made by the Lord Chief Justice of Northern Ireland means by order made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979”;
in the definition of “prescribed” after the words “Secretary of State” insert the words “or, as the case may be, the Department of Health and Social Services for Northern Ireland”.
In section 5, for subsections (2) to (7) substitute—
and the orders mentioned in paragraph (c) shall be subject to negative resolution as defined by section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
In paragraph 1 of Schedule 3, for “in England and Wales” substitute “in Northern Ireland” and for paragraph 1(c) substitute—
Section 23(4)
In section 1(3)(d) of the Nursing Homes Registration (Scotland) Act 1938, for “ certified” substitute “ registered” . . .
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In section 10—
omit the definitions of “ qualified nurse” and “ certified midwife” ;
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In section 27 of the Nurses (Scotland) Act 1951—
in subsection (1), for paragraphs (a) to (c) substitute—and make paragraph (d) into paragraph (b);
in subsection (3) for “ registered nurse” substitute “ registered and qualified nurse”.
In section 29 for “ registered nurse” substitute “ registered and qualified nurse”.
In section 32, omit the definition of “ certified midwife”.
In section 11(1) and (1A) of the Births and Deaths Registration Act 1953, for “ certified midwife” substitute “ registered midwife ”.
In section 33—
in section (5) omit the words from the beginning to “this section and” and for the word “him” substitute “ the Secretary of State ”; and
in subsection (6) omit the words from the beginning to “is exercised and”.
In section 1 of the Nurses Agencies Act 1957—
in subsection (1), for paragraphs (a) to (c) substitute—and make paragraph (d) into paragraph (b);
in subsection (3), for “ registered nurse” substitute “ registered and qualified nurse”.
In section 3(2), for “ registered nurse” substitute “ registered and qualified nurse”.
In section 8, omit the definitions of “ certified midwife” “ enrolled nurse” and “ registered nurse” , and the word “ and” immediately preceding the latter.
In paragraph 4 of Schedule 1 to the Health Visiting and Social Work (Training) Act 1962, for “ General Nursing Council for England and Wales” substitute “ United Kingdom Central Council for Nursing, Midwifery and Health Visiting ”.
In section 21(2) and (3) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, for “ certified midwife” substitute “ registered midwife ”.
Omit section 21(6)
In section 11 of the Medicines Act 1968—
in subsection (1) for “ a registered nurse or as a certified midwife” substitute “ a registered and qualified nurse or a registered midwife ” ;
omit subsection (2).
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omit the definitions of " Joint Council " , " qualified nurse ", and " the register of nurses " ;
for the definition of " pupil midwife " substitute—.
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in subsection (1), for paragraphs (a) to (c) substitute— and make paragraph (d) into paragraph (b) ;
in subsection (3) for " registered nurse" substitute " registered and qualified nurse ".
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In section 4(e) of the Nursing Homes Act 1975 for “ certified” substitute “ registered ” and for “ pupil midwife” substitute “ student midwife ” ; and at the end of section 4 insert—
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for the definition of " pupil midwife" substitute—;
omit the definition of " qualified nurse ".
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In paragraph 3(1) of Schedule 4 to the Sex Discrimination Act 1975, for the words “ the issue” to “ section 20” substitute “ registration as midwives under the Nurses, Midwives and Health Visitors Act 1979 ”.
The service of nurses.
In section 128(1) of the National Health Service Act 1977 omit the definition of “ certified midwife” and “ registered nurse” ; and in Schedule 4, paragraph 1 (5) (c), for “ certified” substitute “ registered ”
In section 108(1) of the National Health Service (Scotland) Act 1978, omit the definitions of “ certified midwife” and “ registered nurse”.
“Registered” in relation to nurses, midwives and health visitors, means registered in the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting by virtue of qualifications in nursing, midwifery or health visiting, as the case may be.
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United Kingdom Central Council for Nursing, Midwifery and Health Visiting. Nurses, Midwives and Health Visitors Act 1979, section 1. Standing committees of the Central Council constituted by order. The said Act, section 3. National Board for Nursing, Midwifery and Health Visiting for Wales. The said Act, section 5. Standing committees of the National Board for Wales constituted by order. The said Act, section 7. Joint committees of the Central Council and the National Boards for Nursing, Midwifery and Health Visiting constituted by order. The said Act, section 8. Local training committees of the National Board for Wales constituted by order. The said Act, section 9.
In Article 17(1) of the Health and Personal Social Services Order (Northern Ireland) 1972, after sub-paragraph (c), insert—
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In Article 2(2) of the Births and Deaths Registration (Northern Ireland) Order 1976 omit the definition of “ midwife” ; and in Article 15 for “ midwife” substitute “ registered midwife ”.
In paragraph 3(1) of Schedule 5 to the Sex Discrimination (Northern Ireland) Order 1976, for the words from “ the issue” to “ Article 22)” substitute “ registration as midwives under the Nurses, Midwives and Health Visitors Act 1979 ”.
In Article 15(4) of the Industrial Relations (No. 2) (Northern Ireland) Order 1976, for “ certified midwife” substitute “ registered midwife ”; and in Article 32 omit the definition of “ certified midwife”.
Section 23(5)
A document purporting to be duly executed under the seal of the Council or to be signed on its behalf shall be received in evidence and shall be deemed to be so executed or signed unless the contrary is proved.
Section 1.