Nurses, Midwives and Health Visitors Act 1979

Section 1.

SCHEDULE 1 Constitution etc. of Central Council

PART I Nomination 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 II Other 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.

5 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 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

7 The 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

8 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.