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Nurses (Scotland) Act 1951

Status:

This is the original version (as it was originally enacted).

FIRST SCHEDULEThe General Nursing Council for Scotland

Constitution of the Council

1The Council shall consist of—

(a)thirteen persons elected as hereinafter mentioned;

(b)eleven persons appointed by the Secretary of State;

(c)two persons appointed by the Privy Council, of whom one shall be appointed to represent universities in Scotland.

2(1)Of the elected members of the Council—

(a)seven, who shall be nurses (including male nurses) registered in the general part of the register, shall be elected by nurses so registered;

(b)two, who shall be registered mental nurses or registered nurses for mental defectives, shall be elected by nurses so registered, and one of the persons so elected shall be a man and one a woman;

(c)one, who shall be a registered fever nurse, shall be elected by registered fever nurses;

(d)one, who shall be a registered sick children's nurse, shall be elected by registered sick children's nurses;

(e)two, who shall be persons holding certificates given by virtue of paragraph (f) of subsection (1) of section six of this Act (which paragraph provides for the giving of certificates to persons trained in the teaching of nursing) shall be elected by such persons.

(2)Each of the nurses to be elected in pursuance of the last foregoing sub-paragraph shall, on the date of election, be engaged in Scotland in nursing or in other work for which the employment of a registered nurse is requisite or for which a registered nurse is commonly employed.

3The members of the Council appointed by the Secretary of State shall include—

(a)two registered nurses employed in services provided under Part III of the National Health Service (Scotland) Act, 1947, appointed by him after consultation with such persons and bodies as he thinks fit, being persons and bodies having special knowledge and experience of the work of nurses so employed;

(b)duly qualified medical practitioners, appointed by him after consultation with such organisations representative of the medical profession as he thinks fit;

(c)persons with experience in hospital management, appointed by him after consultation with such persons and bodies having experience in hospital management as he thinks fit;

(d)persons with experience in local government, appointed by him after consultation with such local health authorities, or such organisations representative of local health authorities, as he thinks fit; and

(e)a person or persons with financial experience.

Supplementary Provisions

4The members of the Council required by the foregoing provisions of this Schedule to be elected shall be elected in accordance with the prescribed scheme and in the prescribed manner.

5The members of the Council holding office at the date of the passing of this Act shall vacate office, if they were appointed by the Secretary of State or the Privy Council, on the expiry of a term of three years commencing on the first day of December, nineteen hundred and fifty, and, in any other case, on the expiry of a term of five years commencing on the last-mentioned date; and the successors in office of all the members of the Council shall hold office for a term of five years.

6(1)If the place of a member of the Council becomes vacant before the expiration of his term of office whether by death, resignation or otherwise, the vacancy shall, if the member was appointed by the Secretary of State or the Privy Council, be filled by a person appointed by the Secretary of State or the Privy Council, as the case may be, and in any other case shall be filled by a person appointed by the Council.

(2)A person appointed to fill a casual vacancy occurring in the place of an elected member of the Council shall be a person who would be qualified for election to that place if an election were to take place on the date on which he is appointed, and a person appointed to fill any other casual vacancy shall, if the place vacant was originally filled by a person required by the foregoing provisions of this Schedule to be a person of a particular class, himself be of that class.

(3)A person appointed to fill a casual vacancy shall hold office only so long as the member in whose stead he is appointed would have held office.

7A person ceasing to be a member of the Council shall be eligible for re-appointment or re-election.

8The powers of the Council may be exercised notwithstanding a vacancy in their number.

9The Council shall make rules—

(a)for regulating the summoning of meetings of the Council and the proceedings (including quorum) of the Council; and

(b)for enabling the Council to constitute committees and for authorising the delegation to committees of any of the powers of the Council, and for regulating the proceedings (including quorum) of committees.

SECOND SCHEDULEThe Assistant Nurses Committee

Constitution of the Assistant Nurses Committee

1(1)The Assistant Nurses Committee shall consist of nine persons, of whom—

(a)five shall be members of the Council appointed by the Council;

(b)three shall be such persons, being registered nurses or enrolled assistant nurses, as may be elected to represent assistant nurses by persons who, on the date of the election, are enrolled assistant nurses; and

(c)one shall be a person appointed by the Secretary of State to represent assistant nurses.

(2)Of the members appointed by the Council, at least one shall not be a registered nurse.

Supplementary Provisions

2The members of the Assistant Nurses Committee required by the foregoing provisions of this Schedule to be elected shall be elected in accordance with the prescribed scheme and in the prescribed manner.

3The members of the Assistant Nurses Committee shall hold office for a term of five years.

4(1)If the place of a member of the Assistant Nurses Committee becomes vacant before the expiration of his term of office, whether by death, resignation or otherwise, the vacancy shall be filled, if the member was appointed by the Council, by the Council, and, if the member represented assistant nurses, by the Secretary of State.

(2)A person appointed to fill a casual vacancy shall hold office only so long as the member in whose stead he is appointed would have held office.

5A person ceasing to be a member of the Assistant Nurses Committee shall be eligible for re-appointment or re-election.

6The powers of the Assistant Nurses Committee may be exercised notwithstanding a vacancy in their number.

7The chairman of the Assistant Nurses Committee shall be such one of the members of the Committee, being a member appointed by the Council, as may be selected by the Committee.

8The quorum of the Assistant Nurses Committee shall be four.

9The Assistant Nurses Committee may, with the approval of the Council, make standing orders regulating the summoning of meetings of the Committee and the proceedings of the Committee.

THIRD SCHEDULEThe Mental Nurses Committee

Constitution of the Mental Nurses Committee

1(1)The Mental Nurses Committee shall consist of eleven persons, of whom—

(a)five shall be members of the Council appointed by the Council;

(b)one shall be a registered mental nurse elected by persons who, on the date of the election, are registered mental nurses;

(c)one shall be a registered nurse for mental defectives elected by persons who, on the date of the election, are registered nurses for mental defectives; and

(d)four shall be appointed by the Secretary of State.

(2)Of the members appointed by the Council, two shall be the registered mental nurses or registered nurses for mental defectives elected to membership thereof by nurses so registered.

(3)The members appointed by the Secretary of State shall respectively be a matron of a mental hospital which is an institution approved by the Council for the purposes of the training rules, a registered mental nurse engaged in the teaching of the nursing and care of persons suffering from mental diseases, a duly qualified medical practitioner engaged in the teaching of psychiatry and a chief male nurse of such a mental hospital as aforesaid, and the appointment of each of those persons shall be made by the Secretary of State after consultation with such persons and bodies as he. thinks fit, being persons and bodies having special knowledge and experience of the work of persons of the class to which the person to be appointed belongs.

Supplementary Provisions

2The members of the Mental Nurses Committee required by the foregoing provisions of this Schedule to be elected shall be elected in accordance with the prescribed scheme and in the prescribed manner.

3(1)The members of the Mental Nurses Committee holding office at the date of the passing of this Act shall vacate office, if they were appointed by the Secretary of State, on the expiry of a term of three years commencing on the first day of March, nineteen hundred and fifty-one, and, in any other case, on the expiry of a term of five years commencing on the last-mentioned date; and the successors in office of all the members of the Committee shall hold office for a term of five years.

(2)A member of the Committee appointed by the Council shall cease to hold office as such member if he ceases to be a member of the Council.

4(1)If the place of a member of the Mental Nurses Committee becomes vacant before the expiration of his term of office, whether by death, resignation or otherwise, the vacancy shall, if the member was appointed by the Secretary of State, be filled by a person appointed by the Secretary of State, and, in any other case, shall be filled by a person appointed by the Council.

(2)A person shall not be appointed to fill a casual vacancy in the place of any member of the Committee unless he possesses the qualification required by the foregoing provisions of this Schedule for election or, as the case may be, appointment under the said provisions to- that place.

(3)A person appointed to fill a casual vacancy shall hold office only so long as the member in whose stead he is appointed would have held office.

5A person ceasing to be a member of the Mental Nurses Committee shall be eligible for re-appointment or re-election.

6The powers of the Mental Nurses Committee may be exercised notwithstanding a vacancy in their number.

7The chairman of the Mental Nurses Committee shall be such one of the members of the Committee who are members of the Council as may be selected by the Committee.

8The quorum of the Mental Nurses Committee shall be four.

9The Mental Nurses Committee may, with the approval of the Council, make standing orders regulating the summoning of meetings of the Committee and the proceedings of the Committee.

FOURTH SCHEDULERegional Nurse-Training Committees

Constitution of Regional Nurse-Training Committees

1A regional nurse-training committee for any area shall consist of such number of persons of each of the following classes as may be specified in the order constituting the committee, that is to say—

(a)persons appointed by the Regional Hospital Board for the area for which the Committee is constituted, or, if that area comprises more than one hospital area, by the Regional Hospital Boards for those areas;

(b)persons appointed by the Council;

(c)persons appointed by the Central Midwives Board for Scotland;

(d)persons appointed by the Secretary of State after consultation with the local health authorities in the area;

(e)persons appointed by the Secretary of State after consultation with the education authorities in the area; and

(f)persons appointed by the Secretary of State after consultation with such universities as he thinks fit;

and the said order may contain provisions with respect to the qualifications of members of the committee, so, however, that a majority of the members shall be registered nurses.

Supplementary Provisions

2The Secretary of State may by order make provision—

(a)with respect to the appointment, tenure of office and vacation of office of the members of a regional nurse-training committee for any area;

(b)with respect to the appointment of sub-committees of such a committee consisting wholly or partly of the members thereof and the delegation of functions to such subcommittees;

(c)for the making by such a committee to the members thereof and to the members of any sub-committee thereof of such payments as may be specified in the order in respect of any loss of earnings they would otherwise have made or any additional expenses (including travelling and subsistence expenses) to which they would not otherwise have been subject, being loss or expenses necessarily suffered or incurred by them for the purpose of enabling them to perform duties as members of the committee or sub-committee as the case maybe;

(d)with respect to the keeping of accounts of sums received and expended by such a committee and the making up and audit of those accounts and the times at which and the form in which estimates of their expenditure are to be submitted by them to the Council; and

(e)with respect to the procedure (including quorum) of such a committee.

3It shall be the duty of the Regional Hospital Board for a hospital area for which a regional nurse-training committee is constituted under this Act, or, where the area for which the committee is constituted comprises more than one hospital area, of such one of the Regional Hospital Boards for those areas as the Secretary of State may direct, to take, so soon as may be after the constitution of the committee, the requisite steps to convoke the committee for the first meeting thereof.

4(1)It shall be the duty of the Regional Hospital Board for any area for which a regional nurse-training committee is constituted under this Act or, where the area for which the committee is. constituted comprises more than one hospital area, of such one of the Regional Hospital Boards for those areas as the Secretary of State may direct, to provide that committee, on such terms as may, in default of agreement, be determined by the Secretary of State, with the services of such of the officers and servants of the Board and with such office accommodation as the committee may reasonably require.

(2)Without prejudice to the foregoing sub-paragraph, a regional nurse-training committee may, with the consent of the Secretary of State, themselves employ officers and servants and may pay officers and servants employed by them such remuneration as they may determine.

(3)Any dispute arising under sub-paragraph (1) of this paragraph as to the reasonableness of any requirement shall be determined by the Secretary of State.

5The powers of a regional nurse-training committee may be exercised notwithstanding a vacancy in their number.

6The chairman of a regional nurse-training committee shall be such one of the members thereof as may be selected by the committee.

FIFTH SCHEDULEEnactments Repealed

Session and ChapterShort TitleExtent of Repeal
9 & 10 Geo. 5. c. 95.The Nurses Registration (Scotland) Act, 1919.The whole Act.
6 & 7 Geo. 6. c. 33.The Nurses (Scotland) Act, 1943.The whole Act.
8 & 9 Geo. 6. c. 6.The Nurses Act, 1945Section two; in section three, the words from " and the Nurses (Scotland) Acts, 1919 and 1943 " to the end of the section.
12, 13 & 14 Geo. 6. c. 95.The Nurses (Scotland) Act, 1949.The whole Act.

Table of Statutes referred to in this Act

Short TitleSession and Chapter
Interpretation Act, 188952 & 53 Vict. c. 63.
Nurses Registration (Scotland) Act, 19199 & 10 Geo. 5. c. 95.
Nurses (Scotland) Act, 19436 & 7 Geo. 6. c. 33.
Education (Scotland) Act, 19469 & 10 Geo. 6. c. 72.
National Health Service (Scotland) Act, 194710 & 11 Geo. 6. c. 27.
Local Government (Scotland) Act, 194710 & 11 Geo. 6. c. 43.
Midwives (Scotland) Act, 195114 & 15 Geo. 6. c. 54.

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