Enrolled Nurses (Scotland) Rules, 1961, Approval Instrument, 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/780 |
| Year | 1962 |
1962 No. 780 (S. 28)
NURSES AND MIDWIVES
The Enrolled Nurses (Scotland) Rules, 1961, Approval Instrument, 196210thApril 1962
18thApril 1962
19thApril 1962
Whereas the General Nursing Council for Scotland, in exercise of the powers conferred on them by section 6 of and the Second Schedule to the Nurses (Scotland) Act, 1951(a), as amended by the Nurses (Amendment) Act, 1961(b), on 30th November, 1961, made the Enrolled Nurses (Scotland) Rules, 1961, and have submitted the said Rules to the Secretary of State for approval;
Now, therefore, in exercise of the powers conferred on me by section 33 of the Nurses (Scotland) Act, 1951, and of all other powers enabling me in that behalf, I hereby approve the said Rules in the form set out in the Schedule hereto.
This Instrument may be cited as the Enrolled Nurses (Scotland) Rules, 1961, Approval Instrument, 1962, and shall come into operation on the 19th day of April, 1962.
Dated this 10th day of April, 1962.
John S. Maclay, One of Her Majesty's Principal Secretaries of State.
St. Andrew's House, Edinburgh, 1.
SCHEDULE
RULES FRAMED BY GENERAL NURSING COUNCIL FOR SCOTLAND
RULES MADE UNDER THE NURSES (SCOTLAND) ACTS, 1951 AND 1961
PART I
General
1. These Rules may be cited as the Enrolled Nurses (Scotland) Rules, 1961.
2.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—
"the Act" means the Nurses (Scotland) Act, 1951, as amended by the Nurses (Amendment) Act, 1961.
(a) 14 & 15 Geo. 6. c. 55.
"the Council" means the General Nursing Council for Scotland established under section 1 of the Act.
"the Roll" means the Roll of Nurses maintained by the Council under section 3 (1) of the Act.
"the Registrar" means the person appointed for the time being to act as Registrar of the Council under section 14 of the Act, and includes any person duly authorised to act and acting on her behalf.
"the Committee" means the Enrolled Nurses Committee established by the Act.
"the Register" means the Register of Nurses maintained by the Council under section 2 of the Act.
"Enrolled Nurse" means a nurse whose name is for the time being entered upon the Roll.
"Former Assistant Nurse" means any person who obtained adequate knowledge and experience in the nursing of the sick and/or midwifery prior to 5th August, 1943.
"Former Assistant Nurse with Intermediate Qualifications" means any person who obtained adequate knowledge and experience in the nursing of the sick between 5th August, 1943, and 1st January, 1949, or, in the case of a State Certified Midwife. who obtained adequate knowledge and experience in the nursing of the sick and/or midwifery between 5th August, 1943, and 1st January, 1947.
"Student Nurse" means a person who is undergoing training for admission to any Part of the Register.
"Pupil Nurse" means a person who is undergoing training for admission to the Roll.
"Preliminary Training School" means the department of a training school or group of training schools in which Pupil Nurses receive preliminary instruction in the theory and practice of nursing prior to the commencement of their training in the Wards.
"the examination" means the examination held by the Council in pursuance of Rule 26 of these Rules.
"Complete School" and "Component School" have the respective meanings assigned to them by Rule 22 of these Rules.
"Mental Hospital" means a hospital wholly or mainly used for the treatment of persons suffering from mental illness, or a unit used for the treatment of such persons within a general hospital.
"Mental Deficiency Hospital" means a hospital wholly or mainly used for the treatment of persons suffering from mental deficiency, or a unit used for the treatment of such persons within a hospital mainly used for other purposes.
(2) The Interpretation Act, 1889(a), applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament, except that in these Rules, unless the context otherwise requires, the feminine gender includes the masculine.
3. The Rules specified in the First Schedule to these Rules are hereby revoked:
Provided that, without prejudice to the general application of section 38 of the Interpretation Act, 1889, with regard to the effect of repeals, in so far as any agreement, order, requirement, designation, application, request or representation made, or any resolution passed, or any notice, direction, consent, sanction, approval, exemption or certificate given under any Rule revoked by these Rules, or any conditions imposed or any proceedings instituted, or any other thing done, under any such Rules, could have been made, passed, given, imposed, instituted or done under or by a corresponding provision of these
(a) 52 & 53 Vict. c. 63.
Rules it shall not be invalidated by these Rules but shall have effect as if it had been made, passed, given imposed, instituted or done under or by that provision.
PART II
Formation, maintenance and publication of the Roll
4.—(1) The Roll shall contain the particulars set forth in the Second Schedule to these Rules.
(2) Each person admitted to the Roll shall be assigned the next consecutive enrolment number.
5. The Roll shall be formed of a list of the names of all persons who have paid the application fee determined by the Council, with the approval of the Secretary of State, from time to time, and who have satisfied the Council as to their general education, their training and their experience in the nursing of the sick, as prescribed in these Rules.
6.—(1) In respect of the retention in any year of the name of any person on the Roll, there shall be paid to the Council by such person, on or before the 30th day of April in each year, such fee as the Council may, with the approval of the Secretary of State, from time to time determine.
(2) Every Enrolled Nurse shall notify to the Registrar every change of permanent address, and for the purposes of these Rules the address so notified shall be deemed to be her registered address.
(3) The Registrar shall send to the registered address of each Enrolled Nurse, whose retention fee has not been received before 31st May in any year, a written notice informing her of the consequence of failure to pay the said fee, and if the nurse fails to forward to the Registrar the said retention fee by 30th June in any year, her name shall be excluded from the Roll as from that date unless the Committee for any special reason otherwise direct.
7. Where the name of an Enrolled Nurse has been excluded from the Roll by virtue of paragraph (3) of the immediately preceding Rule, she shall be entitled to apply to have her name re-included in the Roll. Such application for re-inclusion shall be accompanied by a written explanation of the applicant's failure to pay the retention fee as above provided.
If the Committee are satisfied with the explanation offered by the applicant, and with any reference which they may reasonably require, they may re-include her name in the Roll on payment of all retention fees due for the whole period during which the applicant's name has been excluded from the Roll, together with such further sum, not exceeding the aggregate of the annual amounts which would have been paid to the Council if the retention fees had been paid by the date on which they were due in terms of Rule 6 of these Rules, as the Council may determine, provided always that the Council may, in such cases as they consider appropriate, restrict the payment of retention fees to the current year's fee only.
8. The Roll shall be made up to the 30th June in each year, and shall, if the Council so determine, be published as soon as possible thereafter at a reasonable price. It shall contain the full names and addresses of all Enrolled Nurses duly enrolled under the Act, with the date of enrolment, the qualification, in each case for admission to the Roll, and the date of obtaining such qualification, and the hospital or institution in which any qualifying training has been received. The published copy of the Roll shall contain the names of all Enrolled Nurses in alphabetical order, and need not include addresses.
PART III
Conditions of admission to the Roll of Former Assistant Nurses
9.—(1) Every person who desires to obtain admission to the Roll as a Former Assistant Nurse shall make application to the Registrar on a form to be provided by the Council, and shall furnish the Registrar with the names and addresses of at least three persons willing and able to give evidence of good character. One of such persons shall be a householder, not being a relative of the applicant, who has known her personally for not less than three years, and the others, except in those cases to which paragraph (3) of Rule 10 of these Rules shall apply, shall be persons such as Matrons of Hospitals, Registered Medical Practitioners, or other responsible persons under whom the applicant has worked and who are willing also to give evidence of professional efficiency. Provided that if at the date of her application the applicant is employed in any hospital or institution, and the Council are furnished with evidence of good character and professional efficiency by the Matron of such hospital or institution, the Council may, if they think fit, dispense with any further evidence of character and professional efficiency.
(2) The applicant shall furnish a certificate of birth or a statutory declaration by a competent person certifying that the applicant is not under 20 years of age; and in the case of a married or widowed applicant a certificate of marriage.
10. The following evidence of adequate knowledge and experience in the nursing of the sick shall be required from every person who makes application as a Former Assistant Nurse, namely:—
(1) Evidence that before 5th August, 1943, the applicant has had not less than two years whole-time training or experience in the...
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