Nurses, Midwives and Health Visitors Act 1979

The Central Council

Constitution of Central Council

1

• (1) There shall be a corporate body known as the United Kingdom Central Council for Nursing, Midwifery and Health Visiting.

• (2) The Council shall consist of such number of members, not greater than 60, and a multiple of three, as is proposed and approved in accordance with section 2 of the Nurses, Midwives and Health Visitors Act 1992.

• (3) Two-thirds of the members of the Council shall be appointed by the Secretary of State on being elected under the electoral scheme (“elected members”).

• (4) Appointments otherwise than for the purposes of subsection (3) shall be made by the Secretary of State from among persons who—

• (a) are registered nurses, midwives, health visitors or medical practitioners, or

• (b) have such qualifications and experience in education or other fields as, in the opinion of the Secretary of State, will be of value to the Council in the performance of its functions.

• (5) In making appointments for the purposes of subsection (4), the Secretary of State shall have especially in mind—

• (a) the need to secure that the members of the Council include registered nurses, midwives and health visitors and persons living or working in each part of the United Kingdom, and

• (b) the need to secure that qualifications and experience in the teaching of nursing, midwifery and health visiting are adequately represented on the Council.

• (6) The Council shall have a president and a vice-president appointed by the Council from among its members.

• (7) Schedule 1 to this Act shall have effect with respect to the constitution and administration etc. of the Council.

• (8) For the purposes of subsection (3), a person appointed as a replacement for an elected member shall be treated as an elected member.

Functions of Council

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• (1) The principal functions of the Central Council shall be to establish and improve standards of training and professional conduct for nurses, midwives and health visitors.

• (2) The Council shall ensure that the standards of training they establish are such as to meet any Community obligation of the United Kingdom.

• (3) The Council shall by means of rules determine the conditions of a person’s being admitted to training, and the kind contentand standard of training to be undertaken, with a view to registration.

• (4) The rules may also make provision with respect to the kind and standard of further training available to persons who are already registered.

• (5) The powers of the Council shall include that of providing, in such manner as it thinks fit, advice for nurses, midwives and health visitors on standards of professional conduct.

• (6) In the discharge of its functions the Council shall have proper regard for the interests of all groups within the professions, including those with minority representation.

Standing committees of Council

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• (1) The Secretary of State shall by order constitute as standing committees of the Council a Midwifery Committee and a Finance Committee.

• (2) The Council shall consult the Finance Committee on all financial matters.

• (3) If the Council (having regard to the duty imposed by section 2(6)) requests him to do so,the Secretary of State may by order constitute other standing committees of the Council and (to the extent prescribed by the order) require the Council to consult them on, or empower them to discharge functions of the Council with respect to, other matters [. . .

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) An order constituting a standing committee of the Council—

• (a) may provide for persons who are not members of the Council to be appointed as members of that committee; and

• (b) shall provide for a majority on the committee to be persons who work or have worked in the professional field with which it is primarily concerned.

The Midwifery Committee

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• (1) Of the members of the Council’s Midwifery Committee the majority shall be practising midwives.

• (2) The Council shall consult the Committee on all matters relating to midwifery and the Committee shall, on behalf of the Council, discharge such of the Council’s functions as are assigned to them either by the Council or by the Secretary of State by order.

• (3) The Council shall assign to the Committee any matter involving a proposal to make, amend or revoke rules under section 15 below; and—

• (a) the Committee shall consider the proposal and report on it to the Council;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State shall not approve rules relating to midwifery practice unless satisfied that they are framed in accordance with recommendations of the Council’s Midwifery Committee.

• (5) Any matter which is assigned to the Midwifery Committee otherwise than under subsection (3) shall be finally dealt with by the Committee on behalf of the Council, so far as the Council expressly authorise the Committee to deal finally with it; and the Committee shall make a report to the Council as to the way in which they have dealt with the matter.

The National Boards and their relationship to the Central Council

Constitution of National Boards

5

• (1) England, Wales, Scotland and Northern Ireland shall each have a National Board for Nursing, Midwifery and Health Visiting, and the Boards shall be corporate bodies.

• (2) A National Board shall consist of—

• (a) a chairman appointed by the Secretary of State from among persons who are registered nurses, midwives or health visitors,

• (b) such number of other members appointed by the Secretary of State as he may specify by order,

• (c) the person for the time being appointed in pursuance of subsection (6)(a) to be the chief executive officer of the Board, and

• (d) any person for the time being appointed in pursuance of subsection (6)(b) to an office under the Board which is specified for the purposes of this paragraph by the Secretary of State by order.

• (3) Appointments to a National Board for the purposes of subsection (2)(b) shall be made from among persons who—

• (a) are registered nurses, midwives or health visitors, or

• (b) have such qualifications and experience in education or other fields as, in the opinion of the Secretary of State, will be of value to the Board in the performance of its functions.

• (4) The Secretary of State shall so exercise his powers under this section as to secure in relation to a National Board that a majority of the members of the Board are registered nurses, midwives or health visitors.

• (5) The Secretary of State may, with the consent of the Treasury—

• (a) pay such remuneration as he thinks fit to any person who is a member of a National Board by virtue of appointment by the Secretary of State, and

• (b) make such provision as he thinks fit for the payment to or in respect of any such person of pensions, allowances or gratuities.

• (6) A National Board shall have—

• (a) a chief executive officer, and

• (b) such other officers as the Secretary of State may by order specify for the purposes of this paragraph,

appointed by the Board.

• (7) The Secretary of State may by order make such further provision with respect to the constitution and administration of a National Board as he thinks fit.

• (8) Without prejudice to the generality of subsection (7), provision under that subsection may include—

• (a) provision with respect to qualification for membership;

• (b) provision for the appointment of a deputy chairman and with respect to his powers;

• (c) provision with respect to tenure of office of chairman, deputy chairman and other members;

• (d) provision with respect to the appointment of officers;

• (e) provision requiring payments to employees to be such as the Secretary of State may, with the consent of the Treasury, approve;

• (f) provision requiring powers with respect to the employment of staff to be exercised in accordance with written directions of the Secretary of State;

• (g) provision with respect to procedure, including the constitution of committees;

• (h) provision authorising the appointment of persons who are not Board members to committees of the Board.

• (9) Orders under subsection (7) may include provision with respect to proof of documents.

• (10) Orders under this section may make different provision in relation to different Boards.

Functions of Boards

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• (1) The National Boards shall in England, Wales, Scotland and Northern Ireland respectively—

• (a) approve institutions in relation to the provision of—

• (i) courses of training with a view to enabling persons to qualify for registration as nurses, midwives or health visitors or for the recording of additional qualifications in the register; and

• (ii) courses of further training for those already registered;

• (b) ensure that such courses meet the requirements of the Central Council as to their kind,content and standard;

• (c) hold, or arrange for others to hold, such examinations as are necessary to enable persons to satisfy requirements for registration or to obtain additional qualifications;

• (d) collaborate with the Council in the promotion of improved training methods; and (da) perform such other functions relating to nurses, midwives or health visitors as the Secretary of State may by order prescribe.

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The National Boards shall discharge their functions subject to and in accordance with any applicable rules of the Council and shall take account of any difference in the considerations applying to the different professions.

Standing committees of Boards

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Joint committees of Council and Boards

8

Local training committees

9

Registration

The professional register

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• (1) The Central Council shall prepare and maintain a register of qualified nurses, midwives and health visitors.

• (2) The register shall be divided into such parts as the Secretary of State may by order determine, the parts being indicative of different qualifications and different kinds and standards of training; and in this Act references to parts of the register are to the parts so determined.

• (3) The Council may by rules make provision—

• (a) as to the documentary and other evidence to be produced, and the fees to be paid, by those applying for registration or for additional qualifications to be recorded, or for any entry in the register to be altered or restored;

• (b) as to the keeping of the register and the means of obtaining access to, and copies of extracts from it;

• (c) for a person’s registration to remain effective without limitation of time (subject to removal from the register for misconduct or otherwise) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.

• (4) The Secretary of State may by order provide—

• (a) for persons to be registered in one or more parts of the register by virtue of having been included in one or more of the registers, rolls or lists maintained under enactments repealed by this Act, or having been certified under any of those enactments;

• (b) for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part;

• (c) for a specified part of the register to be sub-divided into two or more parts, or for two or more parts to be combined into one.

• (5) The Secretary of State shall consult the Central Council before making, varying or revoking any order under this section.

• (6) A certificate issued and duly authenticated by the Council stating that a person is, or was at any date, or is not, or was not at any date, registered shall be evidence in all courts of law of the fact stated in the certificate.

• (7) In any enactment or instrument (past or future, and including this Act)

• (8) Orders under subsection (2) may, by reference to the part or parts in which a person is registered, prescribe the more advanced qualifications which he must have in order to be treated as a qualified nurse for the purposes of any particular enactment or instrument.

Admission to register

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• (1) A person seeking admission to a part of the register must make application to the Central Council in accordance with the Council’s rules.

• (2) Subject to subsection (4) below, the applicant shall be registered in that part (on payment of such fee as may be required by the rules) if he satisfies the Council that he is of good character and has the appropriate professional qualifications.

• (3) He is to be regarded as having those qualifications if—

• (a) he has in the United Kingdom undergone the training, and passed the examinations, required by the Council’s rules for admission to that part of the register; or

• (b) being a national of any EEA State, he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Secretary of State has by order designated as having Community equivalence for purposes of registration in that part; or

• (c) he has, elsewhere than in the United Kingdom, undergone training in nursing, midwifery or health visiting (as the case may be) and either—

• (i) that training is recognised by the Central Council as being to a standard sufficient for registration in that part; or

• (ii) it is not so recognised, but the applicant has undergone in the United Kingdom or elsewhere such additional training as the Council may require.

• (3A) An order under subsection (3)(b) may provide that a professional qualification designated by the order is to be regarded as having Community equivalence for the purposes of registration in a part of the register only if prescribed conditions required by a directive issued by the Council of the European Communities are fulfilled; and different conditions may be prescribed with respect to the same qualification for different circumstances.

• (3B) Any person who—

• (a) is not a national of an EEA State, but

• (b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (3)(b) above as if he were such a national.

• (4) In the case of an applicant within subsection (3) . . . (c), the rules may either—

• (a) make it an additional condition of his being registered that he has the necessary knowledge of English; or

• (b) require him to have that knowledge within a period specified by the rules (failing which his registration will lapse at the end of the period).

• (4A) In any case where—

• (a) an application for admission to a part of the register is made by an applicant within subsection (3)(b), and

• (b) the Council has received all the documentary evidence as to his character and qualifications required to enable him to be registered,

he shall be registered in that part within 3 months of the date on which the Council was in receipt of that evidence or such longer period as may be permitted in his case by Article 10 of the Nursing Directive or Article 11 of the Midwifery Directive.

• (5) In this Act—

• “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;

• “EEA State” means a Contracting Party to the EEA Agreement;

• “national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties.

Removal from, and restoration to, register

12

• (1) The Central Council shall by rules determine circumstances in which, and the means by which—

• (a) a person may, for misconduct or otherwise, be removed from the register or a part of it, whether or not for a specified period;

• (b) a person who has been removed from the register or a part of it may be restored to it;

• (bb) the suspension of a person’s registration in the register or a part of it may be terminated; and

• (c) an entry in the register may be removed, altered or restored.

• (2) Committees of the Council shall be constituted by the rules to deal with proceedings for a person’s removal from, or restoration to, the register , for the suspension, or termination of the suspension, of a person’s registration in the registeror for the removal, alteration or restoration of any entry.

• (2A) The Council may bring proceedings before a committee constituted in pursuance of subsection (2) in respect of a visiting EEA nurse or midwife for the purpose of determining whether by reason of his misconduct or otherwise the provisions of this Act (except this section) relating to visiting EEA nurses or midwives should cease to apply to him; and the provisions of this section and of rules made under this section shall apply, with any necessary modifications, in relation to any such proceedings as they apply in relation to proceedings relating to a person’s removal from the register.