Nurses, Midwives and Health Visitors Act 1992
Nurses, Midwives andHealth Visitors Act 1992
1992 CHAPTER 16
An Act to amend the Nurses, Midwives and Health Visitors Act 1979; and for connected purposes.
[6th March 1992]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Central Council
1 Changes to constitution.
(1) 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—
(2) 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.
(3) 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’).
(4) Appointments otherwise than for the purposes of subsection (3) shall be made by the Secretary of State from among persons who—
(a) are registered nurses, midwives, health visitors or medical practitioners, or
(b) 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.
(5) In making appointments for the purposes of subsection (4), the Secretary of State shall have especially in mind—
(a) 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
(b) the need to secure that qualifications and experience in the teaching of nursing, midwifery and health visiting are adequately represented on the Council.
(6) The Council shall have a president and a vice-president appointed by the Council from among its members.
(7) Schedule 1 to this Act shall have effect with respect to the constitution and administration etc. of the Council.
(8) For the purposes of subsection (3), a person appointed as a replacement for an elected member shall be treated as an elected member.’
(2) For Schedule 1 to that Act there shall be substituted the Schedule set out in Schedule 1 to this Act.
2 Section 1: preparatory.
(1) 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) 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
(b) a scheme for the election of persons to be appointed to the Council.
(2) 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.
(3) 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.
(4) If the Secretary of State approves a proposal submitted to him under subsection (1)(a) above he shall signify his approval by order.
(5) If the Secretary of State approves a scheme submitted to him under subsection (1)(b) above he shall give effect to it by order.
(6) Orders under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
3 Constitution of standing committees.
3. In section 3(3) of the 1979 Act (power of Secretary of State to constitute standing committees)—
(a) 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
(b) the words from ‘including’ to the end shall be omitted.
The National Boards
4 Changes to constitution.
4. 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—
(2) A National Board shall consist of—
(a) a chairman appointed by the Secretary of State from among persons who are registered nurses, midwives or health visitors,
(b) such number of other members appointed by the Secretary of State as he may specify by order,
(c) the person for the time being appointed in pursuance of subsection (6)(a) to be the chief executive officer of the Board, and
(d) 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.
(3) Appointments to a National Board for the purposes of subsection (2)(b) shall be made from among persons who—
(a) are registered nurses, midwives or health visitors, or
(b) 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.
(4) 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.
(5) The Secretary of State may, with the consent of the Treasury—
(a) 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
(b) make such provision as he thinks fit for the payment to or in respect of any such person of pensions, allowances or gratuities.
(6) A National Board shall have—
(a) a chief executive officer, and
(b) such other officers as the Secretary of State may by order specify for the purposes of this paragraph,
appointed by the Board.
(7) 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.
(8) Without prejudice to the generality of subsection (7), provision under that subsection may include—
(a) provision with respect to qualification for membership;
(b) provision for the appointment of a deputy chairman and with respect to his powers;
(c) provision with respect to tenure of office of chairman, deputy chairman and other members;
(d) provision with respect to the appointment of officers;
(e) provision requiring payments to employees to be such as the Secretary of State may, with the consent of the Treasury, approve;
(f) provision requiring powers with respect to the employment of staff to be exercised in accordance with written directions of the Secretary of State;
(g) provision with respect to procedure, including the constitution of committees;
(h) provision authorising the appointment of persons who are not Board members to committees of the Board.
(9) Orders under subsection (7) may include provision with respect to proof of documents.
(10) Orders under this section may make different provision in relation to different Boards.’
5 Functions.
(1) Section 6 of the 1979 Act (functions of National Boards) shall be amended as follows.
(2) 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-’.
(3) In that subsection, after ‘and’ at the end of paragraph (d) there shall be inserted—
‘(da) perform such other functions relating to nurses, midwives or health visitors as the Secretary of State may by order prescribe.’
(4) In that subsection, paragraph (e) (investigation of cases of alleged misconduct) shall be omitted.
(5) 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.’
6 Committees.
6. The following provisions of the 1979 Act shall cease to have effect—
(a) section 7 (standing committees of National Boards),
(b) section 8 (joint committees of Central Council and National Boards), and
(c) section 9 (local training committees of National Boards).
Registration
S-7 Suspension. 7 Suspension.
(1) Section 12 of the 1979 Act (proceedings about the register) shall be amended as mentioned in subsections (2) to (4) below.
(2) In subsection (1) (duty of Central Council to determine by rules when and how certain steps in relation to a person's registration may be taken) for the word ‘and’ immediately following paragraph (b) there shall be substituted—
‘(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;
(bb) the suspension of a person's registration in the register or a part of it may be terminated; and’.
(3) In subsection (2) (proceedings to be heard and determined by committees of the Council) after ‘register’ there...
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