Chwilio Deddfwriaeth

Nurses, Midwives and Health Visitors Act 1979

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

SCHEDULES

Section 1.

SCHEDULE 1Constitution etc. of Central Council

PART INomination of members of Central Council by National Boards

1(1)Each of the National Boards shall nominate as members of the Central Council the number of members of the Board, being not less than 5, prescribed by the Secretary of State by order.

(2)The persons nominated by each of the Boards shall include at least—

(a)two practising nurses ;

(b)one practising midwife ;

(c)one practising health visitor ; and

(d)one person engaged in the teaching of nursing, midwifery or health visiting.

PART IIOther provisions with respect to constitution etc. of Central Council

Tenure of office of members and chairman etc.

2(1)In the first instance, members of the Council shall hold office for a period ending on a day appointed by the Secretary of State by order, which day is not to be more than three years from the coining into force of section 1.

(2)After that day, members shall hold office for a period prescribed by the Secretary of State by order, being not less than 3 and not more than 5 years.

3(1)Where the place of a member becomes vacant before the expiration of his term of office (whether by death, resignation or otherwise) the vacancy shall be filled as follows—

(a)if the former member was a member nominated by a National Board, that Board shall nominate another of its members to be a member of the Council; or

(b)if the former member was appointed by the Secretary of State, the vacancy shall be filled by an appointment made by the Secretary of State.

(2)In nominating a person under sub-paragraph (1)(a), a Board shall have regard to the requirements of paragraph 1(2); and, in making an appointment under sub-paragraph (1)(b), the Secretary of State shall have regard to the qualification by virtue of which the former member was appointed.

(3)Where a person is nominated or appointed as a member of the Council under sub-paragraph (1) above, he shall (subject to paragraph 4(2) and (3)) hold office for the remainder of the term of office of the former member whose place he fills.

4(1)If the chairman or deputy chairman ceases to be a member of the Council, he shall also cease to be chairman or deputy chairman.

(2)Where a member of the Council or of 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 his office to be vacant.

(3)A nominated member who ceases to be a member of the National Board which nominated him shall cease to be a member of the Council.

5In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (disqualifying offices), the following entry is inserted at the appropriate place in alphabetical order—

  • Chairman of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, if appointed by the Secretary of State under section 1(6)(a) of the Nurses, Midwives and Health Visitors Act 1979.

Procedure

6(1)The Council may act notwithstanding—

(a)any vacancy among its members, or

(b)that in consequence of one or more vacancies, the nominated members cease to form the majority of the total membership of the Council.

(2)At any meeting of the Council the quorum shall be 15 members including at least one nominated member from each of the National Boards.

(3)The Council may constitute committees of itself, for the purpose of transacting particular business of the Council.

(4)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.

(5)The Council may, by means of standing orders, regulate its own procedure and that of its standing committees and of any joint committee constituted by or under section 8, 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.

(6)Before making any standing orders regarding the procedure of any joint committee constituted by or under section 8, the Council shall consult each of the National Boards.

(7)No defect in the appointment of any member shall invalidate any proceedings of the Council or of its committees or of any joint committee.

Remuneration, allowances and pensions

7The Council may pay—

(a)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;

(b)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.

Documents

8A 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 5.

SCHEDULE 2Constitution etc. of National Boards

PART IElections to National Boards

1(1)The Central Council shall, within the period of two years following the coming into force of section 1(1) of this Act, submit an electoral scheme to the Secretary of State for his approval, and the Secretary of State shall, if he approves it, give effect to the scheme by order.

(2)The Council shall by the scheme determine as respects each Board the professional, residential or other qualifications which a person must have to be eligible to vote or be elected in the election held under the scheme.

(3)The scheme may be varied from time to time by the Central Council, subject to the approval of the Secretary of State to be signified by order.

(4)No order shall be made under this paragraph unless a draft of the order has been approved by resolution of each House of Parliament.

PART IIOther provisions with respect to National Boards

Tenure of office of members and chairmen

2(1)With effect from the appointed day, members of each of the Boards shall hold office for a period prescribed by the Secretary of State by order, being not less than 3 and not more than 5 years.

(2)Such an order may make different provision with regard to elected and appointed members respectively.

3(1)Where the place of a member becomes vacant before the expiration of his term of office (whether by death, resignation or otherwise) the vacancy shall be filled—

(a)if the former member was an elected member, by an appointment made by the Secretary of State of a person (proposed by the Board) who would be qualified for election to that place;

(b)if the former member was appointed by the Secretary of State, by an appointment made by the Secretary of State having regard to the qualification by virtue of which the former member was appointed.

(2)Persons so appointed shall (subject to paragraph 4(2) and (3)) hold office for the remainder of the term of office of the former member.

4(1)If the chairman or deputy chairman of a Board ceases to be a member of that Board, he shall also cease to be chairman or deputy chairman.

(2)Where a member of a Board or of 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 Board may by resolution declare his office to be vacant.

(3)An elected member, or a member appointed under paragraph 3(1)(a) who ceases to hold the qualification by virtue of which he was elected or appointed shall cease to be a member and his place shall become vacant.

5(1)In Part III of Schedule 1 to the [1975 c. 24.] 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.

(2)In Schedule 1 to the [1975 c. 25.] 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 for Nursing, Midwifery and Health Visiting for Northern Ireland.

Procedure

6(1)A Board may act notwithstanding—

(a)any vacancy among its members, or

(b)that in consequence of one or more vacancies, the elected members cease to form the majority of the total membership of the Board.

(2)At any meeting of a Board the quorum shall be 15 members (10 in the case of the Board for Northern Ireland).

(3)A Board may constitute committees of itself, for the purpose of transacting particular business of the Board.

(4)A Board may appoint as members of such committees persons who are not members of the Board; but not more than one-third of the members of such a committee shall be persons appointed by virtue of this sub-paragraph.

(5)A Board may, by means of standing orders, regulate its own procedure and that of its standing and other committees and may, to such extent and in such cases as may be permitted or required by orders of the Secretary of State and by its standing orders, act through those standing and other committees and through joint committees constituted by or under section 8:

Provided that standing orders shall not be made by a Board so as to conflict with any rules of the Central Council.

(6)No defect in the appointment of any member shall invalidate any proceedings of a Board, or of any of its standing or other committees.

Remuneration, allowances and pensions

7A Board may pay—

(a)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;

(b)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.

Documents

8A document purporting to be duly executed under the seal of a Board 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 12(5).

SCHEDULE 3Proceedings before Council and committees

1For purposes of proceedings under section 12 before the Council or a committee in England and Wales—

(a)the Council or committee may administer oaths;

(b)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

(c)section 49 of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 (subpoena valid throughout United Kingdom) applies as in relation to causes or matters in the High Court.

2(1)For purposes of proceedings under section 12 before the Council or a committee in Scotland—

(a)the Council or committee may administer oaths ; and

(b)the Court of Session shall, on the application of any party to the proceedings, have the same such powers as are mentioned in sub-paragraph (2) below as it has in an action in that court.

(2)The powers mentioned above are—

(a)to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Council or committee, and for the issue of second diligence against any witness or haver failing to appear after due citation;

(b)to grant warrant for the recovery of documents ; and

(c)to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

3(1)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.

(2)Assessors shall be barristers, advocates or solicitors of not less than 10 years' standing.

(3)The Council shall pay to assessors such remuneration as it may determine.

4(1)The Lord Chancellor and, for proceedings in Scotland, the Lord Advocate may by order make provision with regard to the functions of assessors.

(2)In particular, provision may be made—

(a)requiring assessors, when advising the Council or any of its committees, to do so in the presence of the parties or, where advice is given in private, requiring the parties to be notified of the advice tendered by the assessors ; and

(b)requiring the parties to be informed in cases where the assessors' advice is not accepted.

Section 20(2).

SCHEDULE 4Qualification of Auditors

1A person is qualified for the purposes of section 20(2) if he is a member of one of the recognised professional bodies.

2Those 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.

3A 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 161(1)(a) of the [1948 c. 38.] Companies Act 1948.

4A Scottish firm is qualified if each of the partners in it is so.

Section 21.

SCHEDULE 5Transitional provisions, etc.

PART ITransfer of property and staff etc. from existing bodies

1In this Schedule—

  • " 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.

2(1)The Secretary of State may by order provide for the transfer on the day specified by the order—

(a)to the employment of one or other of the new statutory bodies of any persons who immediately before that day were employed by one of the replaced statutory bodies;

(b)to any one or other of the new statutory bodies of such of the property, rights and liabilities, which immediately before that day were property, rights and liabilities of one or other of the replaced statutory bodies, as may be specified by the order.

(2)The reference in sub-paragraph (1)(b) above to rights and liabilities does not include rights and liabilities under any contract of employment.

(3)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.

(4)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.

3Orders 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.

4Any dispute arising as to whether or not—

(a)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

(b)whether or not a person's refusal of employment with one of those bodies was reasonable,

and any dispute concerning the compensation referred to in paragraph 3, shall be referred to and determined by an industrial tribunal.

5Any 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.

6(1)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—

(a)if he is transferred to the employment of one or other of the new statutory bodies, against that body ; or

(b)in any other case, against the Central Council.

(2)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.

PART IIContinuation of disciplinary proceedings

7Where on the appointed day any disciplinary proceedings—

(a)are pending before any of the replaced statutory bodies or before any committee of theirs ; or

(b)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,

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

8An 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.

9In 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).

SCHEDULE 6Adaptations for Northern Ireland and its National Board

1In sections, 5, 7, 9, 17, 19, 20, 22 and 23, and Schedules 2, 3 and 4, 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.

2Subject 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.

TABLE

ProvisionReferenceSubstituted reference
Sections 5(3), (4)(a), (5), (6) and (8)(a) and 20(5) and (6) and Schedule 2, paragraph 3.The Secretary of State.The Head of the Department of Health and Social Services for Northern Ireland.
Sections 7, 9, 17(2), 19(1), (3) and (4) and 20(1) and (2) and Schedule 2, paragraphs 6(5) and 7.The Secretary of State.The Department of Health and Social Services for Northern Ireland.
Section 17(2).Schedule 4 to the Sex Discrimination Act 1975.Schedule 5 to the Sex Discrimination (Northern Ireland) Order 1976.
Section 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(5).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.
Schedule 2, paragraph 7.The Minister for the Civil Service.The Department of the Civil Service for Northern Ireland.
Schedule 4, paragraph 3.The Secretary of State.The Department of Commerce for Northern Ireland.
Schedule 4, paragraph 3.Section 161(1)(a) of the Companies Act 1948.Section 155(1)(a) of the Companies Act (Northern Ireland) 1960.

3In section 23(1)—

(a)in the definition of " by order ", at the end add the words " or in the case of an order under section 7 or 9 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 Act (Northern Ireland) 1958 " ;

(b)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 ".

4In section 23(2) at the end add—

(c)orders made by the Department of Health and Social Services for Northern Ireland under section 7 or 9;

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..

5In paragraph 1 of Schedule 3, for " in England and Wales " substitute " in Northern Ireland " and for paragraph 1(c) substitute—

(c)section 67 of the Judicature (Northern Ireland) Act 1978 (subpoena valid throughout United Kingdom) applies as in relation to causes or matters in the High Court in Northern Ireland.

Section 23(4).

SCHEDULE 7Amendments of enactments

Nursing Homes Registration (Scotland) Act 1938 (c. 73)

1In section 1(3)(d) of the Nursing Homes Registration (Scotland) Act 1938, for "certified" substitute " registered " and for "pupil midwife" substitute " student midwife " ; and after section 1(3) insert—

(3A)In relation to any nursing home, a person is to be treated as a qualified nurse if he possesses such qualifications as the Secretary of State considers to be requisite in the provision of nursing care for patients in that home.

2In section 5(1), for "qualified nurse" substitute " registered nurse ".

3In section 10—

(a)omit the definitions of " qualified nurse " and "certified midwife " ;

(b)for the definition of " pupil midwife " substitute—

  • " student midwife " means a person who is undergoing training with a view to becoming a registered midwife, and for that purpose attending women in childbirth, as part of a course of practical instruction in midwifery recognised by the National Board for Nursing, Midwifery and Health Visiting for Scotland " ;.

Nurses (Scotland) Act 1951 (c. 55)

4In section 27 of the Nurses (Scotland) Act 1951—

(a)in subsection (1), for paragraphs (a) to (c) substitute—

(a)registered nurses and registered midwives ; and

and make paragraph (d) into paragraph (b) ;

(b)in subsection (3), for " registered nurse " substitute " registered and qualified nurse ".

5In section 29, for " registered nurse " substitute " registered and qualified nurse ".

6In section 32, omit the definition of " certified midwife ".

Births and Deaths Registration Act 1953 (c. 20)

7In section 11(1) and (1A) of the Births and Deaths Registration Act 1953, for " certified midwife " substitute " registered midwife ".

Nurses Agencies Act 1957 (c. 16)

8In section 1 of the Nurses Agencies Act 1957—

(a)in subsection (1), for paragraphs (a) to (c) substitute—

(a)registered nurses and registered midwives ; and

and make paragraph (d) into paragraph (b) ;

(b)in subsection (3), for " registered nurse " substitute " registered and qualified nurse ".

9In section 3(2), for " registered nurse " substitute " registered and qualified nurse ".

10In section 8, omit the definitions of " certified midwife " , "enrolled nurse" and "registered nurse ", and the word "and" immediately preceding the latter.

Health Visiting and Social Work (Training) Act 1962 (c. 33)

11In 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 ".

Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)

12In section 21(2) and (3) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, for " certified midwife " substitute " registered midwife ".

13Omit section 21(6).

Medicines Act 1968 (c. 67)

14In section 11 of the Medicines Act 1968—

(a)in subsection (1) for " a registered nurse or as a certified midwife " substitute " a registered and qualified nurse or a registered midwife " ;

(b)omit subsection (2).

Commissioner for Complaints Act (Northern Ireland) 1969 (c. 25 N.I.)

15In Schedule 1 to the Commissioner for Complaints Act (Northern Ireland) 1969, in Part II insert the following entry at the appropriate point in alphabetical order—

  • The National Board for Nursing, Midwifery and Health Visiting for Northern Ireland.

Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971 (c. 32 N.I.)

16In section 2(e) of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971, before "midwife" insert " registered " and for " pupil midwife " substitute " student midwife " ; and at the end of section 2 insert—

(2)In relation to any nursing home, a person is to be treated as a qualified nurse if he possesses such qualifications as the Department of Health and Social Services for Northern Ireland considers to be requisite in the provision of nursing care for patients in that home.

17In section 10(1)—

(a)omit the definitions of " Joint Council " , " qualified nurse ", and " the register of nurses " ;

(b)for the definition of " pupil midwife " substitute—

  • " student midwife " means a person who is undergoing training with a view to becoming a registered midwife, and for that purpose attending women in childbirth, as part of a course of practical instruction in midwifery recognised by the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland.

18Omit section 10(2).

19In section 11—

(a)in subsection (1), for paragraphs (a) to (c) substitute—

(a)registered nurses and registered midwives ; and

and make paragraph (d) into paragraph (b) ;

(b)in subsection (3) for " registered nurse" substitute " registered and qualified nurse ".

20In section 19 omit the definitions of " enrolled nurse " and " registered nurse ".

21In section 20 omit the definitions of " the Act of 1970 " and " midwife ".

22In Schedule 1, omit the entry relating to the Nurses and Mid-wives Act (Northern Ireland) 1970.

Nursing Homes Act 1975 (c. 37)

23In 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—

(2)In relation to any nursing home, a person is to be treated as a qualified nurse if he possesses such qualifications as the Secretary of State considers to be requisite in the provision of nursing care for patients in that home.

24In section 20(1)—

(a)for the definition of " pupil midwife" substitute—

  • " student midwife " means a person who is undergoing training with a view to becoming a registered midwife, and for that purpose attending women in childbirth, as part of a course of practical instruction in midwifery recognised by the National Board for Nursing, Midwifery and Health Visiting for England or for Wales;

(b)omit the definition of " qualified nurse ".

25Omit section 20(2).

Sex Discrimination Act 1975 (c. 65)

26In 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 ".

Restrictive Trade Practices Act 1976 (c. 34)

27In Schedule 1 to the Restrictive Trade Practices Act 1976, for paragraph 6 substitute—

6The services of nurses.

National Health Service Act 1977 (c. 49)

28In 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 ".

National Health Service (Scotland) Act 1978 (c. 29)

29In section 108(1) of the National Health Service (Scotland) Act 1978, omit the definitions of " certified midwife " and " registered nurse ".

Interpretation Act 1978 (c. 30)

30In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) at the appropriate place in alphabetical order insert—

  • " 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.

Employment Protection (Consolidation) Act 1978 (c. 44)

31In section 33(5) of the Employment Protection (Consolidation) Act 1978, for " certified midwife " substitute " registered midwife " ; and in section 153(1) omit the definition of " certified midwife ".

Scotland Act 1978 (c. 51)

32In Schedule 13 to the Scotland Act 1978, at the end of Part II add—

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 Scotland.The said Act, section 5.
Standing committees of the National Board for Scotland 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 Scotland constituted by order.The said Act, section 9.

Wales Act 1978 (c. 52)

33In Schedule 7 to the Wales Act 1978, at the end of Part II, add—

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.

Health and Personal Social Services Order (Northern Ireland) 1972 (S.I. 1972/1265 (N.I. 14))

34In Article 17(1) of the Health and Personal Social Services Order (Northern Ireland) 1972, after sub-paragraph (c), insert—

(d)provide such facilities and accommodation for persons training with a view to qualification for registration as nurses and midwives as the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland may require in discharging functions under section 6(1)(a) of the Nurses, Midwives and Health Visitors Act 1979 ;.

35After Article 17(1), insert—

(1A)The Health and Social Services Board in whose area a school for the training of nurses and midwives is situated shall—

(a)employ, for the period of the person's training with a view to qualification for registration as a nurse or midwife, any person accepted for such training by it and the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland ;

(b)in assigning duties to any such person during that period, comply with the training requirements of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting..

Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))

36In 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 ".

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

37In 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 ".

Industrial Relations (No. 2) (Northern Ireland) Order 1976 (S.I. 1976/2147 (N.I. 28))

38In 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).

SCHEDULE 8Repeals

ChapterShort TitleExtent of Repeal
1 & 2 Geo. 6. c. 72.The Nursing Homes Registration (Scotland) Act 1938.In section 10, the definitions of " qualified nurse" and " certified midwife ".
14 & 15 Geo. 6. c. 53.The Midwives Act 1951.The whole Act.
14 & 15 Geo. 6. c. 54.The Midwives (Scotland) Act 1951.The whole Act.
14 & 15 Geo. 6. c. 55.The Nurses (Scotland) Act 1951.Parts I, II and (except section 36(1) and (2)) IV, and in section 32 the definition of "certified midwife".
Schedules 1 and 4.
1 & 2 Eliz. 2. c. 47.The Emergency Laws (Miscellaneous Provisions) Act 1953.Section 6.
5 & 6 Eliz. 2. c. 15.The Nurses Act 1957.The whole Act.
5 & 6 Eliz. 2. c. 16.The Nurses Agencies Act 1957.In section 8, the definitions of " certified midwife ", " enrolled nurse" and " registered nurse ", and the word "and" immediately preceding the latter definition.
7 & 8 Eliz. 2. c. 72.The Mental Health Act 1959.In Schedule 7, the entry relating to the Nurses Act 1957.
8 & 9 Eliz. 2. c. 61.The Mental Health (Scotland) Act 1960.In Schedule 4, the entry relating to the Nurses (Scotland) Act 1951.
9 & 10 Eliz. 2. c. 14.The Nurses (Amendment) Act 1961.The whole Act.
10 & 11 Eliz. 2. c. 33.The Health Visiting and Social Work (Training) Act 1962.Section 3(5).
1964 c. 44.The Nurses Act 1964.The whole Act.
1965 c. 49.The Registration of Births and Marriages (Scotland) Act 1965.Section 21(6).
1967 c. 16.The Teachers of Nursing Act 1967.The whole Act.
1967 c. 80.The Criminal Justice Act 1967.In Schedule 3, Part I, the entries relating to the Midwives Act 1951 and the Midwives (Scotland) Act 1951.
1968 c. 46.The Health Services and Public Health Act 1968.In Part I of Schedule 3, in the first entry relating to the Health Visiting and Social Work (Training) Act 1962, the words " 3 and "; and the second entry relating to that Act.
1968 c. 49.The Social Work (Scotland) Act 1968.In Schedule 8, paragraph 60.
1968 c. 67.The Medicines Act 1968.In section 11(1), the words " or, in relation to " onwards.
Section 11(2),
1969 c. 25 (N.I.).The Commissioner for Complaints Act (Northern Ireland) 1969.In Schedule 1, in Part II, the entry relating to the Northern Ireland Council for Nurses and Midwives.
1969 c. 47.The Nurses Act 1969.The whole Act.
1970 c. 11 (N.I.).The Nurses and Midwives Act (Northern Ireland) 1970.The whole Act.
1971 c. 32 (N.I.).The Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971.In section 10(1), the definitions of " Joint Council ", " qualified nurse " and " the register of nurses ".
Section 10(2).
In section 19, the definitions of "enrolled nurse" and " registered nurse ".
In section 20, the definitions of "the Act of 1970" and " midwife ".
In Schedule 1, the entry relating to the Nurses and Midwives Act (Northern Ireland) 1970.
1975 c. 24.The House of Commons Disqualification Act 1975.In Schedule 1, Part III, the entry relating to the Chairman of the Northern Ireland Council for Nurses and Midwives.
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975.In Schedule 1, in Part III, the entry relating to the Chairman of the Northern Ireland Council for Nurses and Midwives.
1975 c. 37.The Nursing Homes Act 1975.In section 20(1), the definition of " qualified nurse ".
Section 20(2).
1975 c. 65.The Sex Discrimination Act 1975.Section 20(4) and (5).
In Schedule 4, paragraph 3(2) and (3). In Schedule 5, paragraph 2.
1977 c. 45.The Criminal Law Act 1977.In Schedule 6, the entries relating to the Midwives Act 1951, the Midwives (Scotland) Act 1951, the Nurses (Scotland) Act 1951 and the Nurses Act 1957.
1977 c. 49.The National Health Service Act 1977.In section 128(1) the definition of " certified midwife ".
In Schedule 15, paragraphs 15 to 17.
1978 c. 29.The National Health Service (Scotland) Act 1978.In section 108(1) the definitions of " certified midwife " and " registered nurse ".
In Schedule 16, paragraph 7.
1978 c. 44.The Employment Protection (Consolidation) Act 1978.In section 153(1) the definition of " certified midwife ".
Orders in Council
NumberShort TitleExtent of Repeal
S.I. 1972/1073 (N.I. 10).The Superannuation (Northern Ireland) Order 1972.In Schedule 6, paragraph 7.
S.I. 1972/1245 (N.I. 14).The Health and Personal Social Services (Northern Ireland) Order 1972.In Schedule 16, Part II, paragraphs 84 to 95.
S.I. 1976/1041 (N.I. 14).The Births and Deaths Registration (Northern Ireland) Order 1976.In Article 2(2) the definition of " midwife ".
S.I. 1976/1042 (N.I. 15).The Sex Discrimination (Northern Ireland) Order 1976.Article 22(4).
In Schedule 5, paragraph 3(2) and (3).
S.I. 1976/2147. (N.I. 28).The Industrial Relations (No. 2) (Northern Ireland) Order 1976.In Article 32 the definition of " certified midwife ".
S.I. 1977/1240.The Central Council for Education and Training in Social Work Order 1977.Article 3.
Schedule 1.

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