Nurses, Midwives and Health Visitors Act 1979

Miscellaneous and generalU.K.

21 Dissolution of existing bodies, etc.U.K.

(1)The following bodies are dissolved by virtue of this subsection—

• the General Nursing Council for England and Wales;

• the General Nursing Council for Scotland;

• the Central Midwives Board;

• the Central Midwives Board for Scotland;

• the Northern Ireland Council for Nurses and Midwives; and

• the Council for the Education and Training of Health Visitors;

[F1and the M1Health Visiting and Social Work (Training) Act 1962 (which established the last-mentioned Council and also another body not dissolved by this Act) has effect accordingly.]

(2)All those persons who at the passing of this Act hold office as members of—

• the General Nursing Council for England and Wales;

• the General Nursing Council for Scotland; or

• the Northern Ireland Council for Nurses and Midwives,

shall continue in that office until the Council’s dissolution.

(3)Part I of Schedule 5 to this Act has effect in connection with the transfer to the Central Council and the National Boards of the staff, property, rights and liabilities of the bodies mentioned in subsection (1); and Part II of that Schedule has effect with respect to the disposal of disciplinary proceedings begun before subsection (1) comes into force.

[F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3; and accordingly the M2Central Council for Education and Training in Social Work Order 1977 is revoked so far as it extends the functions of that Council to include social work required in services provided under the enactments specified in the Order.]

22 Central Council rules.U.K.

(1)The Council may make rules for the purpose of giving effect to this Act, and in particular with respect to anything which by this Act is required or authorised to be determined by rules.

(2)Rules under this Act may make different provision in relation to England, Wales, Scotland and Northern Ireland respectively.

(3)Before making any rules under this Act, the Council shall consult—

(a)representatives of any group of persons who appear likely to be affected by the proposed rules; and

(b)the National Boards for the parts of the United Kingdom to which the proposed rules are to extend.

(4)Rules under section 12 shall not come into force until approved by order by the Lord Chancellor and, in the case of rules which apply to proceedings in Scotland, the Lord Advocate; otherwise, rules come into force only when approved by the Secretary of State by order.

[F422A Community documents.U.K.

A registered nurse or midwife who—

(a)wishes to practice as a nurse or midwife in any member State, and

(b)requires for that purpose any such documentary evidence relating to his qualification as is referred to in the Nursing Directive or, as the case may be, the Midwifery Directive

may apply to the Council for, and the Council shall provide, the necessary documents.]

22B Visiting EEC nurses and midwives.U.K.

(1)In this Act “visiting EEC nurse” and “visiting EEC midwife” means a person who—

(a)is a national of any member State, and

(b)is lawfully practising in a member State other than the United Kingdom as a nurse responsible for general care or, as the case may be, as a midwife, and

(c)holds the appropriate diploma, and

(d)is temporarily in the United Kingdom as a visitor, and

(e)provides the Council with the relevant documents.

(2)A visiting EEC nurse and a visiting EEC midwife shall provide the Council with the relevant documents before he provides any services as a nurse or midwife in the United Kingdom except that, in a case of sudden or urgent necessity, a nurse may provide the documents as soon as possible after he has provided his services as a nurse.

This subsection is without prejudice to section 17(3)(a).

(3)For the purposes of this Act “the appropriate diploma” means a diploma, certificate or other evidence of formal qualifications which member States are required to recognize in the case of a nurse, by the Nursing Directive or, in the case of a midwife, by the Midwifery Directive.

(4)For the purposes of this Act “relevant documents”, in relation to any person means—

(a)a written declaration stating—

(i)that he is intending to practise in the United Kingdom as a nurse responsible for general care or, as the case may be, as a midwife, and

(ii)the address of the place where and the period during which he intends so to practise, and

(b)a certificate or certificates issued, not more than twelve months before the date on which the Council is provided with the relevant documents, by the competent authority of the member State in which he is practising as mentioned in subsection (1)(b) certifying—

(i)that he is lawfully practising as a nurse responsible for general care or, as the case may be, as a midwife in that State; and

(ii)that he holds an appropriate diploma.

(5)For the purposes of this Act—

(a)“competent authority” in relation to a member State means the authority or body designated by that member State as competent for the purposes of the Nursing Directive, or, as the case may be, the Midwifery Directive;

(b)“Nursing Directive” means the European Communities Council Directive No. 77/452/EEC, concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care; and

(c)“Midwifery Directive” means the European Communities Council Directive No. 80/154/EEC, concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of midwives;

and “national” shall be construed in accordance with section 11(5).

23 Interpretation and supplementary.U.K.

(1)In this Act—

• “by order” means by order in a statutory instrument;

• “the Central Council” and “the Council” mean the body established by section 1(1);

• “elected members” has the meaning given by section 5(4)(b);

• “the National Boards” and “the Boards” mean the bodies established by section 5(1);

• “prescribed” means prescribed by the Secretary of State by order;

• “the professional register” means the register maintained by the Council under section 10(1), and “registration” and “register” shall be construed accordingly;

• “rules” means rules made by the Council; and

• “training” includes education;

and for a person to be treated as “practising” he must be working in some capacity by virtue of a qualification in nursing, midwifery or health visiting as the case may be.

(2)Orders under this Act shall be subject to annulment by resolution of either House of Parliament; but this does not apply to—

(a)orders under section 22(4), Schedule 2, Part I, Schedule 3 or Schedule 5, Part I; or

(b)orders appointing a day for the purposes of any provision of this Act.

(3)Schedule 6 to this Act has effect for adapting the provisions of this Act there mentioned in their application to Northern Ireland and to the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland.

(4)The enactments specified in Schedule 7 are amended as there specified

(5)The enactments specified in Schedule 8 are repealed to the extent there specified

24 Citation, etc.U.K.

(1)This Act may be cited as the Nurses, Midwives and Health Visitors Act 1979.

(2)This Act, except section 21(2) and this section (which shall come into force on the passing of this Act), shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions of this Act.

(3)This Act extends to Northern Ireland.