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NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 56

Short title and commencement.

56.(1) This Act may be cited as the Nurses and Midwives Act (Northern Ireland)
1970.

(2)(3) Commencement

1.(1) The Council shall consist of seventeen members of whom

(a)eight members (in this Schedule referred to as "appointed members") shall
be appointed by the Minister in accordance with paragraph 2; and

(b)nine members ..., subject to paragraph 4, shall be elected as mentioned in
sub-paragraph (5).

(2) The Minister shall appoint one of the members to be the Chairman of
the Council or, if he thinks fit, may in writing delegate to the Council the
power of doing so.

(3) The members ... appointed under sub-paragraph (1)(a)... shall hold office
for a term of four years.

Sub-para.(4) rep. by SLR 1980

(5) ... at intervals of four years the Council shall make arrangements for the
election in accordance with paragraph 3 of nine members (in this Schedule
referred to as "elected members") who are qualified as specified in that
paragraph.

(6) The elected members shall hold office for a term of four years.

(7) The Chairman ... shall hold office for such term not exceeding four years
as may be specified in the instrument of his appointment.

2. Of the appointed members

(a)three shall be persons with experience in educational matters, one of whom
must be a nurse with experience in nursing education, appointed after
consultation with the Queen's University of Belfast and the New University of
Ulster and such other bodies as the Minister thinks fit;

(b)one shall be a doctor with experience in the teaching of nurses, appointed
after consultation with the British Medical Association;

(c)three shall be persons who have experience of administration in the ...
health services ... appointed after consultation with [Health and Social
Services Boards.]

3.(1) Of the elected members

(a)two shall be persons holding a certificate issued by the Council, or a body
recognised by the Council, to persons trained in the teaching of nurses;

(b)two shall be midwives, one being a person holding a certificate issued by
the Council, or a body recognised by the Council, to persons trained in the
teaching of midwives;

(c)one shall be a registered mental nurse;

(d)one shall be a nurse chosen from the general part of the register;

(e)one shall be a nurse chosen from the roll of nurses;

(f)two shall be nurses chosen from the register or the roll of nurses, or from
any part or parts of the register specified in rules made under sub-paragraph
(3).

(2) A person shall not be qualified for election unless, at the time of his
election he is engaged in Northern Ireland in nursing or midwifery or any
relevant class of nursing or the teaching of nursing or midwifery, as the case
may require.

(3) The election of elected members, including the determination of the
additional qualifications, if any, for election under sub-paragraph (1)(f) and
the stipulation of the classes of electors entitled to elect particular
elected members, shall be carried out in accordance with rules made by
the Council.

(4) Rules under sub-paragraph (3) shall be made within such period after the
passing of this Act as the Ministry may direct.

4. Where

(a)a place on the Council is required to be filled on any date by a person
elected thereto; and

(b)at the election of members of the Council to take office on the date in
question a person is not elected to that place,

5.(1) A member of the Council may resign by serving notice in writing

(a)if he is an appointed member, on the Minister; or

(b)if he is an elected member, on the Council.

(2) 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 member was appointed by the Minister under paragraph 1(1), by
appointment by the Minister; or

(b)if the member was elected under paragraph 1(5) or appointed by the Council
under paragraph 4, by co-optation by the Council,

(3) A person appointed or co-opted under sub-paragraph (2) shall hold office
for the remainder of the term of office of the former member.

(4) Where a member of the Council or of any of its committees is absent from
the meetings thereof for more than six months consecutively (except for a
reason approved by the Minister) the Council shall forthwith by resolution
declare his office to be vacant and shall notify that fact in such manner as
it thinks fit, and thereupon the office shall become vacant.

6. A person shall, on ceasing to hold the office of Chairman or the office of
member, be eligible for re-appointment, re-election or co-optation.

7.(1) The Council and its committees may act notwithstanding any vacancy among
their members.

(2) No defect in the appointment or election of any person acting as the
Chairman or a member of the Council or of any committee of the Council shall
vitiate any proceedings of the Council or committee in which he has taken
part.

8. The Council shall not acquire or dispose of any land unless the Ministry
consents in writing.

9.(1) Without prejudice to sections 4 to 6 and section 10(5) the Council may,
or if the Ministry so requires shall, constitute one or more committees to
which it may delegate such of its functions as it thinks fit.

(2) A committee constituted under sub-paragraph (1) may include persons who
are not members of the Council but the majority of the members of the
committee shall be members of the Council.

10. Subject to section 4(4) and without prejudice to section 46(1)(a)(iii),
the Council may make rules for the procedure (including quorum) of the Council
or any of its committees.

Para.10A amends sch.1 to 1969 c.25 (NI)

11.(1) The Council shall appoint a Secretary and a Director of Nursing and
Midwifery Education.

(2) The appointment of the Secretary and the Director of Nursing and Midwifery
Education and their qualifications, remuneration and conditions of service
shall be subject to the approval of the Ministry.

12. Subject to the approval of the Ministry as to remuneration, conditions of
service and numbers, the Council may employ such other officers as it
considers necessary for the discharge of its functions.

13. In the exercise of its powers under paragraph 12 the Council may employ
officers jointly with [a Health and Social Services Board] on such terms as
may be agreed....

14. The Council may pay travelling and other allowances, in such circumstances
and at such rates as the Ministry with the approval of the Ministry of Finance
may authorise, to

(a)members of the Council;

(b)members of committees constituted by the Council;

(c)officers of the Council;

(d)examiners;

(e)such other persons as may be approved by the Ministry.

15. The seal of the Council shall be authenticated by the signature of one
member and any officer of the Council for the time being designated by
the Council in that behalf.

In this Schedule "competent authority" has the same meaning as in section 3A
of this Act.

1. The certificate of "hospitalier(e0re)/verpleegassistent(e)" awarded by the
State or by schools established or recognised by the State.

2. The certificate of "infirmier(e0re) hospitalier(e0re)/ziekenhuisverpleger
(-verpleegster)" awarded by the State or by schools established or recognised
by the State.

3. The diploma of "infirmier(e0re) gradue9(e) hospitalier(e0re)/gegradueerd
ziekenhuisverpleger (-verpleegster)" awarded by the State or by higher
paramedical colleges established or recognised by the State.

The diploma of "sygeplejerske" awarded by nursing schools recognised by the
"Sundhedsstyrelsen" (State board of health).

The State diploma of "infirmier(e0re)" awarded by the Ministry of Health.

1. The certificates awarded by the competent authorities as a result of the
"staatliche Pru;fung in der Krankenpflege" (State nursing examination).

2. The certificates from the competent authorities of the Federal Republic of
Germany stating that the diplomas awarded after 8th May 1945 by the competent
authorities of the German Democratic Republic are recognised as equivalent to
those listed in point 1 above.]

[1. The diploma of "nAnvte9nraz Sxolh8nz Adelcvn Nosoko9nnvn" (college
ofnurses responsible for general care), recognised by the Ministry for
SocialServices, or the diploma of "ntvn paraiatrikvn oxolvn tvn
Ke9nnirvnAnvte9nraz Texnikhz kai9n Epaggelmatikh8nz Ekpaidey9nsevz"
(para-medicalschools for the Higher Technical and Vocational Education
Centres) awardedby the Ministry for National Education and Religious Affairs;
and

2. The "pistopoihtiko9n praktikh8nd aPS1200not
allocatedw'nPS0900skh9nsevstoy9n epagge9nlmatoz th8nzaPS1200not
allocatedw'nPS0900delch9nz nosoko mon" PS0900(certificate of practical
training for the nursing profes-sion) awarded by the Ministry for Social
Services.]

The certificate of "Registered General Nurse" issued by "An Bord Altranais"
(the Nursing Board).

The "diploma di abilitazione professionale per infermiere professionale"
awarded by State-recognised schools.

The following diplomas awarded by the Ministry of Public Health on the
strength of an examining board decision

(a)the State diploma of "infirmier";

(b)the State diploma of "infirmier hospitalier gradue9".

The following diplomas awarded by one of the examining boards appointed by the
public authorities

(a)the diplomas of "verpleger A", "verpleegster A" or "verpleegkundige A";

(b)the diploma of "verpleegkundige MBOV (Mid-delbare Beroepsopleiding
Verpleegkundige)" (intermediate nursing training);

(c)the diploma of "verpleegkundige HBOV (Hogere Beroepsopleiding
Verpleegkundige)" (higher nursing training).]

1. The Council shall appoint the following persons to be members of each
school committee

(a)the principal of the school;

(b)after consultation with the [chief educational officer of the education and
library board for] the area in which the school is situated and with such
other bodies concerned with education as the Council thinks fit, at least one
person;

(c)after consultation with the [Health and Social Services Board or Boards
providing facilities for the school]

<(i)an administrative officer of a Health and Social Services Board providing facilities for the school;]


(ii)three nurses or midwives from hospitals providing facilities for the
school;

<(iii)two persons not being either nurses or midwives drawn from the membership of [the Health and Social Services Board or Boards] providing facilities for the school;


<(iv)one nurse with experience in the teaching of [nurses and midwives employed or to be employed otherwise than in hospital]; and


(d)if it thinks fit, one person who may or may not be within the categories
mentioned in sub-paragraphs (b) and (c).

2. The Council shall appoint one of the members of each school committee to be
the chairman of that committee.

3. The principal of a school shall hold office as a member of the
school committee for so long as he remains principal of that school.

4. The members appointed under paragraph 1(b) to (d) shall hold office for
such term not exceeding four years as may be specified in the instrument of
their appointment.

5. The chairman shall hold office for such term as the Council may specify in
the instrument of his appointment.

1. The Joint Nursing and Midwives Council for Northern Ireland (Legal
Assessor) Rules 1965.

2. The rules approved by the following orders:

The Nurses Rules (Northern Ireland) 1965 Approval Order (Northern Ireland)
1965.

The Midwives Rules (Northern Ireland) 1965 Approval Order (Northern Ireland)
1965.

The Enrolled Nurses Rules (Northern Ireland) 1965 Approval Order (Northern
Ireland) 1965.

The Midwives (Amendment) Rules (Northern Ireland) 1967 Approval Order
(Northern Ireland) 1967.

The Nurses (Amendment) Rules (Northern Ireland) 1969 Approval Order (Northern
Ireland) 1969.

The Midwives (Amendment) Rules (Northern Ireland) 1969 Approval Order
(Northern Ireland) 1969.

Schedule 4Repeals



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