The Nursing and Midwifery (Amendment) Order 2008

Amendment of Schedule 1

10.—(1) Schedule 1 (the Nursing and Midwifery Council and committees) is amended in accordance with the provisions of this paragraph.

(2) In Part 1(1), for paragraphs 1 to 11 substitute the following paragraphs—

“Membership: general

1A.—(1) The Council shall consist of—

(a)registrant members, that is members who are registrants; and

(b)lay members, that is members who—

(i)are not and never have been registered nurses or registered midwives (and article 5(5) does not apply for these purposes), and

(ii)do not hold qualifications which would entitle them to apply for registration under this Order.

(2) The members of the Council shall be appointed by the Privy Council.

(3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

(4) Before the Privy Council directs the Appointments Commission under section 60 of the Health Act 2006 to exercise any function of the Privy Council relating to the appointment of members of the Council, the Privy Council shall consult the Council.

(5) The Privy Council may, by a direction under section 60 of the Health Act 2006(2) (Commission to exercise Privy Council’s appointment functions), require the Appointments Commission to appoint the person who held office as President of the Council on the day before the first order under article 3(7A) comes into force as a member of the Council as constituted on the day the first order under article 3(7A) comes into force.

Matters for the order of the Privy Council under article 3(7A)

1B.—(1) An order under article 3(7A) shall include provision with regard to—

(a)the numbers of registrant members and lay members of the Council;

(b)the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c)the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

(d)the appointment of a chair of the Council and the chair’s term of office;

(e)deputising arrangements in respect of the chair;

(f)the quorum of the Council; and

(g)the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) But an order under article 3(7A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

(3) An order under article 3(7A) may include provision with regard to—

(a)the maximum period for which a member of the Council may hold office as a member during a specified period;

(b)the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

(c)the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—

(i)that education and training to be the responsibility of another body, and

(ii)those requirements to be set and varied by that body from time to time;

(d)the attendance of members of the Council at meetings of the Council;

(e)the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member; and

(f)enabling the Privy Council to appoint as the chair of the Council, for a specified period, the person who held office as President of the Council on the day before the first order under article 3(7A) comes into force.

(4) An order under article 3(7A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.”

(3) For paragraph 12, substitute the following paragraph—

“12.—(1) Subject to any provision made by this Order or under this Order (otherwise than by standing orders), the Council may by standing orders make provision in respect of—

(a)its procedure;

(b)the performance of its functions;

(c)the constitution of its committees and sub-committees, other than the Practice Committees and the Midwifery Committee;

(d)the procedure of any of its committees or sub-committees;

(e)the performance by any of its committees or sub-committees of their functions; and

(f)the standards of education, training, attendance and performance expected of the members of its committees and sub-committees.

(2) Standing orders of the Council may make provision with regard to the provisional suspension of a member from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under article 3(7A).”

(4) In paragraph 14 (which relates to voting)—

(a)in sub-paragraph (2), for “Chairman” substitute “chair”;

(b)omit sub-paragraph (3); and

(c)in sub-paragraph (4), for “statutory committees” substitute “Practice Committees”.

(5) In paragraph 15 (powers of the Council)—

(a)omit sub-paragraph (2)(g); and

(b)omit sub-paragraphs (6) and (7).

(6) In paragraph 16 (Midwifery Committee), for sub-paragraphs (1) and (2) substitute the following sub-paragraphs—

“(1) The Council shall by rules make provision with regard to the constitution of the Midwifery Committee, and those rules shall include provision with regard to—

(a)its size and membership;

(b)the appointment, suspension and removal of its members;

(c)its chair, including the deputising arrangements for its chair; and

(d)the quorum at its meetings.

(2) The rules may make provision for a body (including a committee of the Council other than the Midwifery Committee) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Midwifery Committee, including any function relating to tenure of office or suspension or removal from office.

(2A) The Council shall have regard, when selecting non-Council members for the Midwifery Committee, to the guidance issued by the Commissioner for Public Appointments.

(2B) Subject to any provision made by this Order or under this Order, including provision made by standing orders of the Council under paragraph 12(1)(d), the Midwifery Committee may regulate its own procedure.”

(7) For paragraph 17 (which relates to the constitution of Practice Committees), substitute the following paragraph—

“17.—(1) The Council shall by rules make provision with regard to the constitution of each Practice Committee, and those rules shall include provision with regard to—

(a)its size and membership;

(b)the appointment, suspension and removal of its members;

(c)its chair, including the deputising arrangements for its chair; and

(d)the quorum at its meetings.

(2) The rules may make provision for a body (including a committee of the Council which is not one of the Practice Committees) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of a Practice Committee, including any function relating to tenure of office or suspension or removal from office.

(3) Subject to any provision made by this Order or under this Order, including provision made by standing orders of the Council under paragraph 12(1)(d), each Practice Committee may regulate its own procedure.”

(8) In paragraph 18 (which relates to supplemental matters relating to Practice Committees)—

(a)omit sub-paragraphs (1) to (3) and (6); and

(b)in sub-paragraph (8), for “Chairman” substitute “chair”.