National Board for Nursing, Midwifery and Health Visiting for Scotland Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/637 |
| Year | 1993 |
1993 No. 637 (S.83)
NURSES, MIDWIVES AND HEALTH VISITORS
The National Board for Nursing, Midwifery and Health Visiting for Scotland Order 1993
Made 10th March 1993
Laid before Parliament 11th March 1993
Coming into force 1st April 1993
The Secretary of State, in exercise of the powers conferred on him by section 5(2)(b) and (d), (6)(b) and (7) to (10) and section 6(1)(da) of the Nurses, Midwives and Health Visitors Act 19791and of all other powers enabling him in that behalf hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the National Board for Nursing, Midwifery and Health Visiting for Scotland Order 1993 and shall come into force on 1st April 1993.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“the Act” means the Nurses, Midwives and Health Visitors Act 1979;
“the Board” means the National Board for Nursing, Midwifery and Health Visiting for Scotland established by section 5(1) of the Act;
“executive member” means a person referred to in article 4;
“non-executive member” means the chairman or a member of the Board other than an executive member;
“the professional register” means the register maintained under section 10(1) of the Act.
(2) Unless the context otherwise requires, a reference in this Order to a numbered article is to the article bearing that number in this Order and a reference in an article to a numbered paragraph is to the paragraph bearing that number in that article.
Officers
3.—(1) The Board shall have, in addition to a chief executive officer, the following officers appointed by the Board:—
(a)
(a) a principal officer for professional and regulatory matters, and
(b)
(b) a principal officer for administrative and financial matters.
(2) The chief executive officer and the principal officer for professional and regulatory matters shall each be appointed from among persons who are registered nurses, midwives or health visitors.
(3) Where, for any period, any officer referred to in paragraph (1) is suspended from his duties for any reason, the Board shall for the duration of that period appoint any other officer of the Board to act in his place as the chief executive officer, the principal officer for professional and regulatory matters or, as the case may be, the principal officer for administrative and financial matters.
(4) No non-executive member of the Board shall be employed as an officer of the Board.
Constitution of the Board
4. The persons for the time being appointed to the three offices referred to in article 3(1) shall be members of the Board.
5.—(1) In addition to the chairman and the persons referred to in article 4, the Board shall consist of six other members appointed by the Secretary of State in accordance with the provisions of the Act and of this Order.
(2) When appointing each of those members the Secretary of State shall specify the qualification by virtue of which the appointment is made.
6. From among the ten members of the Board there shall be at least:—
(a) one registered nurse,
(b) one practising midwife, and
(c) one registered health visitor.
Tenure of members
7.—(1) Subject to the following provisions a non-executive member shall be appointed for a period not exceeding 4 years, and on the expiry of any such period shall be eligible for re-appointment.
(2) Such a member may resign office at any time during the period for which he was appointed by giving notice in writing to the Secretary of State to this effect.
(3) If such a member is absent from meetings of the Board, or of any committee or sub-committee of which he is a member for more than 6 months consecutively, the Secretary of State shall terminate his appointment immediately on the expiry of that period, unless he is satisfied:—
(a)
(a) the absence was due to a reasonable cause; and
(b)
(b) such a member is able to attend meetings within such period as the Secretary of State considers reasonable.
(4) If the Secretary of State considers that it is not in the interests of the Board that such a member should continue his membership of the Board, he may forthwith terminate his appointment.
(5) If such a member—
(a)
(a) is removed from the professional register, or part of that register, or
(b)
(b) ceases to hold the post or qualification by virtue of which he has been appointed as a member of the Board, or
(c)
(c) is a person to whom any of the disqualifying events set out in the Schedule to this Order applies,
the Secretary of State may forthwith terminate his appointment.
(6) If the place of such a member becomes vacant before the expiry of the period for which he was appointed (whether by death, resignation or otherwise) the vacancy shall be filled by an appointment for the remainder of the period made by the Secretary of State having regard to the qualification by virtue of which the former member was appointed.
8.—(1) An executive member shall be a member of the Board for so long as he remains an officer of the Board.
(2) Where such a member is suspended from a post of officer, he shall during the period of suspension be suspended from performing any functions as a member of the Board, and any person appointed to act in his place under article 3(3) shall also perform his functions as a member of the Board for that period.
Disqualification
9.—(1) A person shall be disqualified from being appointed to the Board if any of the disqualifying events set out in the Schedule to this Order apply to him.
(2) Where it comes to the notice of the Secretary of State that at the time of a member’s appointment any of those events apply to him, the Secretary of State shall forthwith declare that he was not appointed and shall notify him accordingly with the date from which he shall cease to act as a member.
(3) Notwithstanding the provisions of paragraph (2) and of article 7(5)(c) the Secretary of State may waive any disqualification arising from those events as affecting any person appointed or to be appointed to the Board.
Deputy Chairman
10. The Board...
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