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NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - LONG TITLE

An Act to make provision for the training of nurses and midwives;
to revise the law for the regulation of those professions; and for
connected purposes.{1}
[19th May 1970]

Constitution of the Council.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 1

1.(1) There shall be established a body to be known as the
Northern Ireland Council for Nurses and Midwives (in this Act
referred to as "the Council").

(2) The Council shall be a body corporate with perpetual succession
to which section 19 of the Interpretation Act (Northern Ireland)
1954 shall apply.

(3) The Council shall have such functions as are conferred on it
by virtue of this Act.

(4) The constitution of the Council shall be as provided in that
behalf in Part I of Schedule 1, and the supplementary provisions
contained in Part II of that Schedule shall have effect with
respect to the Council.

(5) The Ministry may by order made subject to affirmative resolution
amend any provision of Schedule 1, so however that any amendment
made under this subsection shall have regard to the principles that

(a)the Council shall be representative of the interests affected; and

(b)the number of elected members shall exceed the number of
appointed members.

S.2 rep. by SLR 1976; SLR 1980

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 3
Transfer of officers.

3.Subs.(1)(2) rep. by SLR 1980

[(3) Regulations under Article 12 of the Superannuation (Northern
Ireland) Order 1972 shall, with the necessary modifications, apply to
officers of the Council as if such officers were a class of
persons prescribed under paragraph (1) of that Article.]

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 4
Advisory Committees.

4.(1) The Council may constitute committees (in this section referred
to as "advisory committees") to examine and report to the Council
or any of its committees on matters connected with the recruitment
and training of nurses and midwives.

(2) The Council may appoint to advisory committees such persons, not
being members of the Council, as it thinks fit.

(3) The Council shall appoint one of the members of an advisory
committee to be the chairman of the committee and may appoint one
of the Council's officers to be the secretary of the committee.

(4) Subject to subsection (3), an advisory committee may regulate
its own proceedings (including quorum).

(5) An advisory committee shall be dissolved when it completes the
task entrusted to it.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 5
Disciplinary Committee.

5.(1) The Council shall constitute from among its members a
Disciplinary Committee which shall have such functions as are
conferred on it by virtue of this Act.

(2) Two thirds of the members of the Disciplinary Committee shall
be nurses and midwives.

(3) The Council shall appoint one of the members of the
Disciplinary Committee to be the chairman of that committee.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 6
Liaison Committee.

6.(1) The Council shall, after consultation with the Ministry,
[Health and Social Services Boards] and such other bodies as the
Council thinks fit, constitute a committee for liaison with
representatives of the bodies employing registered and enrolled nurses
or midwives in Northern Ireland and with bodies which perform
functions in connection with the further training of registered and
enrolled nurses and midwives.

(2) The Council shall appoint one of the members of the Liaison
Committee to be the chairman of that committee.

Duties of Council in relation to training.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 7

7.(1) Subject to the provisions of this Act, the Council shall
provide training for persons accepted by it for training as nurses
or midwives.

(2) The Council may make rules specifying

(a)the educational standards required for the admission to training
schools of persons accepted for training as nurses or midwives;

(b)the maximum number of persons who may at any time be undergoing
training at such training schools;

(c)the training to be undergone and the experience to be obtained
by persons accepted for training as nurses or midwives.

(3) In selecting the persons accepted for training as nurses or
midwives the Council shall have regard to the needs of employers of
registered and enrolled nurses or midwives in Northern Ireland and
shall consult them through the Liaison Committee.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 8
Employment of nurses and midwives.

8. [The Health and Social Services Board in whose area a training
school is situated] shall

(a)employ, for the period of the person's training as a nurse or
midwife, any person accepted by the Council for training as a nurse
or midwife;

(b)in assigning duties to any such person during that period, comply
with any programme of training specified by the Council.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 9
Transitional training arrangements.

9. Until the Council by notice in writing informs [the Health and
Social Services Boards] that it proposes to implement a scheme under
section 10 for the training of persons as nurses or midwives, [the
Health and Social Services Boards] shall, subject to and in
accordance with the written directions of the Council, provide such
training on its behalf.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 10
Training Schemes.

10.(1) The Council shall submit to the Ministry, within such time
as the Ministry may direct, schemes making provision for the
training of persons accepted by it for training as nurses or
midwives including the establishment, management and control of
training schools.

(2) The Ministry may by order approve schemes under subsection (1),
with or without modifications, and the Council shall give effect to
any scheme so approved.

(3) The Council may, after consultation with the Ministry, or if
directed by the Ministry shall, within such period as the Ministry
may specify, adopt a scheme modifying any scheme under subsection
(1) for the time being in force, and the Council shall give effect
thereto as soon as the Ministry by order approves any such
modifying scheme.

(4) The Council shall establish such training schools as are
necessary for the discharge of its functions under this Act and may
appoint a principal for each training school.

(5) The Council shall constitute a school committee for each
training school established under subsection (4) and may delegate to
the committee the execution of such of its training functions as it
thinks fit.

(6) A school committee shall formulate a scheme for the execution
of training functions delegated to it under subsection (5) and
submit the scheme to the Council for approval, with or without
modifications, and the committee shall give effect to any scheme so
approved.

(7) A school committee may, after consultation with the Council, or
if directed by the Council shall, within such period as the Council
may specify, adopt a scheme modifying any scheme under subsection
(6) for the time being in force, and the committee shall give
effect thereto.

(8) The constitution of school committees shall be as provided in
that behalf in Schedule 2.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 11
Approval of training schools for nurses or midwives.

11.(1) Subject to this section, the Council may grant, refuse or
withdraw approval of any training school provided by any hospital
exempted from the provisions of the Health Services Act (Northern
Ireland) 1948.

(2) Where the Council is of opinion that it would be justified in
refusing or in withdrawing approval of a training school it shall
serve notice of that fact on the persons responsible for the
management of that school stating the grounds on which the Council
has formed its opinion.

(3) The Council shall not proceed to a final determination of the
question whether or not to refuse or, as the case may be, to
withdraw its approval of a training school until it has offered to
the persons responsible for the management of that school an
opportunity to make representations in writing to the Council and,
if so required by those persons, to be heard by the Council.

(4) A person aggrieved by a refusal or withdrawal by the Council
of its approval of a training school may, within thirty days after
notice of the refusal or, as the case may be, the withdrawal is
served on the persons responsible for the management of that school,
appeal to the Minister against that refusal or withdrawal, and the
Minister shall, after considering the matter, give such direction as
he thinks proper and the Council shall comply with any direction so
given.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 12
Experimental training.

12.(1) Without prejudice to its general responsibility for the
standards of training of nurses and midwives, the Council shall have
constant regard to the improvement of methods employed in the
training of nurses and midwives and may prepare and introduce
experimental training schemes.

(2) In the execution of its functions under subsection (1) the
Council may co-operate with any body interested in the preparation
of experimental schemes for the training of nurses or midwives.

(3) Where the Council is of opinion that a trial should be made
of a scheme of training and examinations, being a scheme which
differs from, but which appears to the Council to be no less
efficient than, the scheme of training and examinations for the time
being required by training rules to be undergone and passed by any
person as a condition of admission to the register, the roll of
nurses or the roll of midwives, as the case may require, the
Council may, with the approval of the Ministry, by resolution adopt
the scheme for such period and in relation to such training schools
as may be specified in the resolution.

(4) A scheme of training and examinations adopted by the Council
under subsection (3) shall provide that a person who, to the
satisfaction of the Council, undergoes the training and passes the
examinations specified in that scheme in a training school and
during the period specified in the resolution of the Council
adopting that scheme shall, notwithstanding anything in training rules
made by the Council, be entitled on making application to be
admitted to the register, the roll of nurses or the roll of
midwives, as the case may require.

(5) A scheme of training and examinations under this section may
contain such incidental and supplementary provisions as the Council
considers necessary for the purposes thereof.

(6) The Council may, with the approval of the Ministry, extend a
scheme of training and examinations adopted under subsection (3).

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 13
Research.

13. The Council may, with the approval of the Ministry, conduct or
promote research into any matter relating to any of its functions
and in particular to the recruitment and training, including
experimental training, of persons to become nurses and midwives and
may assist (by grant or otherwise) any person in conducting such
research.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 14
Post-qualification training.

14.(1) Subject to the provisions of this Act, the Council shall,
after consultation with the Ministry, provide either directly or in
arrangement with others such further training as is appropriate for
registered or enrolled nurses or for midwives.

(2) Any scheme or proposal by the Council relating to the execution
of its functions under subsection (1) shall be referred by it to
the Liaison Committee for consultation with the bodies represented
thereon.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 15
Nurse and midwife teaching.

15.(1) The Council shall form and maintain in accordance with rules
made by it a register of teachers of nursing or midwifery which
shall consist of

(a)a part containing the names of all persons who satisfy the
conditions of qualification for inclusion therein as teachers of
nursing; and

(b)a part containing the names of all persons who satisfy the
conditions of qualification for inclusion therein as teachers of
midwifery.

(2) The Council shall make rules providing for the registration as
teachers of nursing or midwifery of persons

(a)who have undergone such training as may be specified (being
training undergone in a training school under the supervision of a
body recognised by the Council) and, if the rules so provide, who
have passed such examination in the teaching of nursing or, as the
case may be, midwifery as may be specified; or

(b)who possess such other qualifications for the teaching of nursing
or midwifery as may be specified; or

(c)who appear to the Council and the Ministry to be suitably
qualified otherwise than as mentioned in paragraphs (a) and (b).

(3) The Council may issue certificates to persons who qualify for
registration under this section.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 16
Provision of training facilities.

16.(1) [The Health and Social Services Boards] shall provide such
facilities and accommodation for the training of persons as nurses
and midwives as the Council, with the approval of the Ministry, may
require.

Subs.(2) rep. by 1972 NI14 art.109(3) sch.18

General duty of Council in relation to the register, the rolls and
the list.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 17

17.(1) The Council shall maintain in accordance with rules in that
behalf made by it

(a)the register of nurses which shall consist of

(i)a general part containing the names of all nurses who satisfy
the conditions of admission thereto;

(ii)a part containing the names of nurses trained in the nursing
and care of persons suffering from mental illness within the meaning
of the Mental Health Act (Northern Ireland) 1961;

<(iii)a part containing the names of nurses trained in the nursing and care of persons requiring special care within the meaning of the Mental Health Act (Northern Ireland) 1961;

<(iv)a part containing the names of nurses trained in the nursing of fever;

(v)a part containing the names of nurses trained in the nursing of
sick children; and

<(vi)such other part as may be specified;

(b)the roll of nurses;

(c)the roll of midwives; and

(d)subject to the provisions of this section, the list of persons
who are neither registered nor enrolled, being persons

(i)who within two years from the passing of the Nurses Act
(Northern Ireland) 1946 applied for admission to the list; and

(ii)who held certificates issued by training schools which appeared
to the Council to be satisfactory for the purposes of section 18
of that Act stating that they completed before 30th September 1925
a course of training in nursing in such training schools; and

<(iii)who satisfied the Council that they were of good character and had adequate knowledge and experience of nursing.

(2) Each entry in the roll of midwives shall include, with respect
to the person to whom the entry relates, an indication of the
manner in which she became entitled to be certified under this
Part, the Nurses and Midwives Act (Northern Ireland) 1959 or the
Midwives (Ireland) Act 1918.

(3) The list shall be maintained as an appendix to the register
and shall consist of parts corresponding to those of which the
register consists.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 18
Issue of certificates.

18.(1) Subject to this section the Council shall issue certificates
to persons who qualify for admission to the register, the roll of
nurses, the roll of midwives or the list.

(2) The Council shall make rules

(a)providing for the issue of certificates under subsection (1); and

(b)with respect to the uniform and badge which may be worn by
persons whose names are entered in the register, the roll of
nurses, the roll of midwives and the list.

(3) A certificate purporting to be issued under the seal of the
Council duly authenticated stating that the name of any person is
or is not, or at any date was or was not, entered in the
register, the roll of nurses, the roll of midwives or the list
shall, unless the contrary is proved, be accepted as evidence of
the truth of the matters stated in the certificate.

(4) Notwithstanding anything contained in this Act, a certificate
purporting to be issued under the seal of the Joint Council duly
authenticated shall continue to have the same effect hereafter as it
had immediately before the commencement of this Act.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 19
Examinations.

19. The Council may require persons accepted for training as nurses
or midwives to pass examinations before their admission to the
register, the roll of nurses or the roll of midwives and may

(a)determine the places where and the times when the examinations
may be held;

(b)appoint examiners one of whom shall be a doctor and none of
whom shall be a member of the Council; and

(c)with the approval of the Ministry, determine the remuneration of
any examiner appointed under this section.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 20
Ancillary duties in relation to the register, the rolls and the
list.

20.(1) The Council shall make rules

(a)specifying

(i)the conditions of admission to the register, the roll of nurses
and the roll of midwives; and

(ii)the method and conduct of any examinations which may be required
as a condition of admission thereto; and

<(iii)any matters ancillary to or connected with any such examinations; and

(b)enabling persons registered or enrolled as nurses or certified as
midwives in England and Wales or in Scotland or included in the
list maintained under section 5 of the Nurses Act 1957 to obtain
admission to the register, the roll of nurses, the roll of midwives
or the list, as the case may require, and providing for the issue
of certificates to such persons.

(2) Rules under subsection (1)(a) shall contain provisions

(a)requiring as a condition of the admission of any person to the
register, the roll of nurses or the roll of midwives that he shall
have undergone the specified training and shall possess the specified
experience in nursing and midwifery; and

(b)requiring that such training shall be carried out in a training
school established or approved by the Council or in the service of
the Admiralty Board, the Army Board or the Air Council Board.

(3) The training required by rules made under this section as a
condition of admission to the register shall be of a more advanced
standard than that required as a condition of admission to the roll
of nurses.

(4) With a view to securing a uniform standard of qualification in
all parts of the United Kingdom, the Council shall consult with the
General Nursing Council for England and Wales and the General
Nursing Council for Scotland or, as the case requires, the Central
Midwives Board for England and Wales and the Central Midwives Board
for Scotland (or all of those bodies) before making rules under
this section with respect to the conditions of admission to the
register and the roll of nurses or the roll of midwives.

(5) If, with respect to any part of the register (other than the
general part), the Council at any time makes a request in that
behalf to the Ministry, the Ministry may by order made subject to
affirmative resolution direct that, after such date as may be
specified in the order, persons shall not be admitted to that part
of the register.

(6) The Council shall not make a request under subsection (5) with
respect to any part of the register admission to which is confined
to nurses who have received training of a type required by rules
which qualifies them for admission to that part, unless the Council
is satisfied that means exist whereby members of the public can
readily ascertain whether a person has received such training.[

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 20A
Registration of nurses with Community nursing qualifications.

20A.(1) A national of a member State who

(a)holds one or more of the European nursing qualifications specified
in Schedule 1A to this Act, having obtained them on or after the
date on which the member State in which they were obtained
implemented the First Nursing Directive; or

(b)subject to subsection (4) below, holds any nursing qualifications
obtained in a member State before it implemented the First Nursing
Directive,

(2) For the purposes of subsection (1) above a member State is to
be regarded as having implemented the First Nursing Directive on the
date notified to the Commission as that on which it did so.

(3) An application for registration shall be made to the Council
and shall be accompanied by

(a)a certificate issued by the competent authority of the member
State in which the qualifications were obtained or in which the
applicant has been rendering nursing services attesting that the
applicant meets the requirements of the member State as to good
character or good repute for taking up the activity for which he
is qualified; or

(b)where the member State has no such requirements, either an
extract from the judicial record relating to the applicant or an
equivalent document, issued by the competent authority of the member
State.

(4) Where an application is made by a person falling within
subsection (1)(b) above, either

(a)the Council must be satisfied (by means of a certificate of the
competent authority of the member State in which the qualifications
were obtained, or otherwise) that they accord with the standards
laid down by the Second Nursing Directive; or

(b)evidence of the qualifications must be accompanied by a
certificate of the competent authority of any member State that the
holder has lawfully been rendering nursing services for at least 3
years during the 5 years preceding the date of the certificate.

(5) The Council shall not accept any certificate or document
mentioned in subsection (3) above if presented more than three
months after its date of issue.

(6) A person who has duly applied for registration in the general
part of the register shall be so registered within three months of
the date on which the Council received all the documents necessary
to his application.

(7) In this [and the following] section

"competent authority" means an authority or body designated by a
member State in accordance with the First Nursing Directive;

"member State" means a member State of the Communities;

"national", in relation to a member State, means the same as in
the Community Treaties, but does not include a person who by virtue
of Article 2 of Protocol No.3 (Channel Islands and the Isle of
Man) to the Treaty of Accession is not to benefit from Community
provisions relating to the free movement of persons and services;

"the First Nursing Directive" means 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;

"the Second Nursing Directive" means European Communities Council
Directive No. 77/453/EEC concerning the co-ordination of provisions in
respect of activities of nurses responsible for general care; and

"nursing services" means nursing services of a kind which a person
registered in the general part of the register is qualified to
render.][

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 20B
Requirement of linguistic knowledge.

20B.(1) A national of a member State who applies to be registered
in the general part of the register shall be required, on or after
registration in that part, to satisfy the Council that he has the
necessary knowledge of English, that is, the knowledge which, in the
interests of himself and his patients, is necessary to render
nursing services in the United Kingdom.

(2) The Council may provide facilities for testing the knowledge of
English of applicants for registration.

(3) Subject to subsection (4) below, if the applicant does not, on
being registered, satisfy the Council under this section, the
registration shall lapse at the end of the period of six months
beginning with the date of registration unless, in that period, he
satisfies the Council that he has the necessary knowledge of
English.

(4) The Council may extend the period referred to in subsection (3)
above (by not more than another six months) if it appears to them
that there are grounds for doing so in a particular case.

(5) A person whose registration has lapsed by virtue of subsection
(3) above and who subsequently applies to be registered in the
general part of the register is not entitled to be so registered
unless, at the time of his application, he satisfies the Council
that he has the necessary knowledge of English.]

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 21
Registration of nurses and midwives trained abroad.

21.(1) A person who proves to the satisfaction of the Council

(a)that, in a country or territory outside the United Kingdom, he
successfully completed his training either generally as a nurse, or
as a nurse of some special class, or as a midwife in accordance
with a scheme of training recognised by the Council as being
satisfactory for the purposes of this subsection; and

(b)that he underwent his training in a training school so
recognised; and

(c)that he is of good character,

(2) Where

(a)any person proves to the satisfaction of the Council

(i)that, in a country or territory outside the United Kingdom, he
successfully completed his training either generally as a nurse, or
as a nurse of some special class, or as a midwife; and

(ii)that he underwent his training in a training school recognised
by the Council as being satisfactory for the purposes of subsection
(1),

(b)but is unable to prove that his training was in accordance with
a scheme of training so recognised; and

(b)the Council is of opinion that he could properly be admitted to
the register, the roll of nurses or the roll of midwives, as the
case may require

(i)after undergoing to its satisfaction such further training as may
be specified by it; and

(ii)after passing such examinations, if any, as may be so specified,

[(3) This section does not apply in a case where registration in
the general part of the register is effected under section 20A
above.]

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 22
Registration of persons who are, or might have been included in the
list.

22.(1) The Council may make rules providing for the admission to
the register of

(a)any person whose name is included in the list; and

(b)any other person who

(i)holds a certificate issued by a training school recognised by the
Council as being satisfactory for the purposes of this subsection
stating that he completed before 30th September 1925 a scheme of
training in that school; and

(ii)satisfies the Council that he is of good character and has
adequate knowledge and experience of nursing.

(2) A person whose name is included in the list shall, on being
admitted to the register, cease to be included in the list, and
the Council shall make the requisite alteration therein.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 23
Power to make rules for enrolment of persons having experience of
nursing before 1952.

23. Rules made by the Council under this Act specifying the
conditions of admission to the roll of nurses shall contain
provisions enabling a person to be admitted to that roll on proving
to the satisfaction of the Council

(a)that he is of good character; and

(b)that he is of the specified age; and

(c)that he is engaged in nursing; and

(d)that either

(i)he had obtained, before 16th July 1946, the knowledge and
experience of nursing of which evidence was required by Rule 10 of
the Assistant Nurses Rules (Northern Ireland) 1947 as a condition of
admission to the roll of nurses as an existing assistant nurse
under Rule 9 of those Rules; or

(ii)if he is not qualified by virtue of sub-paragraph (i), that he
had obtained, before 1st January 1952, the knowledge and experience
of nursing of which evidence was required by Rule 14(1) or (2) of
those Rules as a condition of admission to the roll of nurses
under Rule 13 of those Rules.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 24
Validation of certain admissions to the roll.

24. Where a person has at a time before the commencement of this
Act been admitted to the roll of nurses in pursuance of rules made
by the Joint Council, he shall be deemed to have been duly
admitted to the roll at that time notwithstanding that the rules
did not conform to the requirements of section 2(2) of the Nurses
Act (Northern Ireland) 1946.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 25
Information relating to the register, the rolls and the list.

25.(1) The Council shall keep copies of the register, the roll of
nurses, the roll of midwives and the list at its offices and such
copies shall be open to inspection by any person without charge
during normal office hours.

(2) The Council shall cause to be printed in each year a list of
the names of practising midwives supplied to it by health
authorities.

Misuse of title or certificate.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 26

26. Any person who in any manner whatsoever

(a)knowingly misrepresents that he or any other person possesses any
qualification for admission to or is admitted to the register, the
roll of nurses, the roll of midwives or the list or is otherwise
specially qualified or recognised by law as a nurse or a midwife;
or

(b)with intent to deceive makes use of any certificate issued under
this Part to him or any other person,

Restriction on use of title of nurse.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 27

27.(1) Subject to subsection (2), any person who, not being a duly
registered nurse or a duly enrolled nurse takes or uses the name
or title of nurse, either alone or in combination with any other
words or letters, shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding #50.

(2) Without prejudice to section 26

(a)a person shall not be guilty of an offence under subsection (1)
by reason only that, without objection by him, other persons use
the word "nurse" in addressing or referring to him;

(b)the Ministry may by regulations authorise the use, either
generally or by specified classes of persons or in specified
circumstances, of specified names or titles containing the word
"nurse" or of the word "nurse" otherwise qualified in accordance
with the regulations.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 28
Falsification of the register, the rolls or the list.

28. Any person who wilfully makes or causes to be made any
falsification in any matter relating to the register, the roll of
nurses, the roll of midwives or the list, shall be guilty of an
offence and shall be liable on summary conviction to a fine not
exceeding #100.

Prohibition of unqualified person acting as maternity nurse for gain.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 29

29.(1) Subject to subsection (2), any person who, not being a
midwife or a nurse registered in the general part of the register,
receives any remuneration for attending as a nurse on a woman in
childbirth or at any time immediately after childbirth, shall be
guilty of an offence and shall be liable on summary conviction to
a fine not exceeding #10.

(2) Subsection (1) shall not apply to

(a)any person who while undergoing training to become a doctor, a
midwife or a nurse, attends on a woman as mentioned in subsection
(1) as part of a course of practical instruction in midwifery
recognised by the General Medical Council or the Council;

(b)any person who attends on a woman as mentioned in subsection (1)
in any maternity home registered under [Part I of the Nursing Homes
and Nursing Agencies Act (Northern Ireland) 1971] or in any hospital
[vested in the Ministry].

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 30
Prohibition of unqualified persons attending women in childbirth.

30.(1) Subject to subsection (2), [if a person other than

(a)a woman who is a certified midwife, or

(b)in a place approved in writing by or on behalf of the
Department a man who is a certified midwife],

(2) Subsection (1) shall not apply to any person who, while
undergoing training to become a doctor, a midwife or a nurse,
attends a woman in childbirth as part of a course of practical
instruction in midwifery recognised by the General Medical Council or
the Council, if the attendance by that person is in accordance with
the provisions regulating the course of study of midwifery as
recognised by the General Medical Council or the rules relating to
the training of midwives made by the Council.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 31
Power to prohibit disqualified persons from attending women in
childbirth.

31.(1) Where the Council or the Disciplinary Committee removes the
name of any midwife from the roll of midwives, the Council may
prohibit her from attending women in childbirth in any other
professional capacity.

(2) A woman aggrieved by any prohibition imposed on her under
subsection (1) may, within three months after the date on which
notice that a prohibition has been so imposed is served on her,
appeal against the prohibition to the High Court and the decision
of the High Court shall be final.

(3) Any woman who contravenes any prohibition imposed under
subsection (1) shall, unless she satisfies the court that she acted
in a case of sudden or urgent necessity, be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding
#10.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 32
Substitutes.

32. A midwife shall not employ as her substitute any person other
than a midwife.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 33
Medical assistance in case of emergency.

33.(1) The Council shall make rules defining the emergencies in
which a midwife shall call in a doctor to her assistance.

(2) Where there is an emergency, as defined in rules made under
subsection (1), a midwife shall call in to her assistance a doctor
under contract with a [Health and Social Services Board] to provide
maternity medical services for the purposes of [Article 56 of the
Health and Personal Social Services (Northern Ireland) Order 1972].

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 34
Notification by midwives of intention to practise.

34.(1) Every midwife shall, before holding herself out as a
practising midwife, or commencing to practise as a midwife, in any
area, serve notice of her intention to do so and of the address
at which she resides, on the [Health and Social Services Board] for
that area, and shall serve a similar notice in the month of
January in every year thereafter during which she continues to
practise in that area.

(2) Where a midwife practises or acts as such at any time in any
area other than the area mentioned in subsection (1) and the
circumstances are such as not to permit the service of a notice
under that subsection, she shall, within forty-eight hours after she
commences so to practise or act, serve notice of that fact on the
[Health and Social Services Board] for that other area.

(3) A notice under this section shall contain such other particulars
as rules made by the Council may specify.

(4) Any woman who fails to serve any notice required by this
section, or who knowingly or wilfully makes a false statement in
any such notice, shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding #10.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 35
Notification by midwives of change of address.

35. Where a midwife who has served a notice under section 34
subsequently changes her address, she shall, within seven days after
that change, serve notice of the change on every [Health and Social
Services Board] concerned, and, if she fails to do so, she shall
be guilty of an offence and shall be liable on summary conviction
to a fine not exceeding #5.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 36
Suspension from practice.

36. The Council may make rules

(a)authorising the Council to suspend from practice until the case
has been decided and, if there is an appeal, until the
determination of the appeal, any midwife accused before the
Disciplinary Committee of disobeying rules made under Part III or IV
or of other misconduct; and

(b)authorising any [Health and Social Services Board] to suspend from
practice, until the case has been decided, any midwife against whom
a prosecution has been taken for a contravention of any provision
of those Parts or who has been reported to the Council for
negligence or misconduct.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 37
Power to make rules relating to midwives, and removal from roll.

37.(1) The Council may make rules

(a)regulating, supervising and restricting within due limits the
practice of midwives;

(b)requiring midwives to attend from time to time, in accordance
with the rules, courses of instruction provided or approved by the
Council.

(2) Without prejudice to the generality of the foregoing provisions,
rules made under subsection (1) may provide for the Council

(a)by registered letter or by letter sent by recorded delivery
service addressed to any person whose name is included in the roll
of midwives at her address as appearing therein, to inquire of that
person whether she has ceased to practice or has changed her
address and to state that if no answer is received to the letter
within six months from the date thereof her name may be removed
from the roll of midwives;

(b)to remove from the roll of midwives the name of any person to
whom a letter was sent in accordance with the provisions of
paragraph (a) and from whom no answer has been received within six
months;

(c)to notify every [Health and Social Services Board] forthwith of
the removal of the name of any person as provided by paragraph
(b);

(d)to restore to the roll of midwives the name of any person
removed therefrom in accordance with paragraph (b).

(3) The Council shall serve on a person whose name is removed from
the roll of midwives under subsection (2)(b) notice that her name
has been so removed and that person shall, within fourteen days
from the date on which that notice is served on her, surrender to
the Council her certificate and any badge issued to her in
pursuance of rules made under this Act, and, if she fails to do
so, she shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding #10.

(4) A person aggrieved by the removal of her name from the roll
of midwives under subsection (2)(b) may, within three months from
the date on which the notice mentioned in subsection (3) is served
on her, appeal to the High Court and the decision of the High
Court shall be final.

Duties of Health and Social Services Boards in relation to midwives.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 38

38. Every [Health and Social Services Board]

(a)shall exercise general supervision, in accordance with rules made
under this Act, over all midwives practising within their area;

(b)shall investigate charges of malpractice, negligence or misconduct
on the part of any midwife practising within their area, and, if a
prima facie case is established, report it to the Council;

(c)shall suspend any midwife from practice, in accordance with rules
made under this Part, if such suspension appears to them to be
necessary in order to prevent the spread of infection;

(d)shall report forthwith to the Council the name of any midwife
practising within their area who is convicted of any offence under
this Act;

(e)shall report forthwith to the Council the death of any midwife
practising within their area or any change in the name or address
of any such midwife; and

(f)shall supply to the Council, in the month of February in each
year, the names and addresses of all midwives who during the period
of twelve months immediately preceding 31st January in that year
have notified the [Health and Social Services Board] of their
intention to practise within the [Board's] area.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 39
Powers of entry.

39.(1) An authorised officer may at all reasonable times enter any
premises which he has reason to believe to be a lying-in home
conducted for profit within the area of the [Health and Social
Services Board] by whom he is authorised to act, and in which he
has reason to believe that a midwife is employed or practises or
that a woman who is not a midwife practises in contravention of
this Part.

(2) An authorised officer acting in pursuance of this section shall,
if asked to do so, produce his credentials.

(3) Any person who wilfully obstructs or impedes an authorised
officer acting in pursuance of this section shall be guilty of an
offence and shall be liable on summary conviction to a fine not
exceeding #5.

(4) In this section "authorised officer" means an officer of a
[Health and Social Services Board] authorised in writing by the
[Board] to act for the purposes of this section.[

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 40
Report of Health and Social Services Board.

40. Every Health and Social Services Board shall

(a)prepare a report annually on the administration of this Part
within its area; and

(b)send one copy of the report to the Council and one copy to the
Ministry.]

Compensation to midwives for suspension from practice.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 41

41.(1) Where a [Health and Social Services Board] suspends a midwife
from practice in order to prevent the spread of infection, she
shall be entitled to recover from the [Health and Social Services
Board], if she is not herself in default, such amount by way of
compensation for loss of practice as is reasonable in the
circumstances of the case.

(2) Where, under rules made in that behalf, the Council or a
[Health and Social Services Board] suspends a midwife from practice
pending the decision of her case by the Disciplinary Committee or
by the High Court on an appeal from the Disciplinary Committee, and
the case is decided in her favour, the Council, if she was
suspended by the Council, or, in any other case, the [Health and
Social Services Board] shall pay her such reasonable compensation for
loss of practice as appears to them to be just.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 42
Payment of expenses of midwife's defence.

42. The Council may pay all or any part of the expenses incurred
by any midwife required to appear before the Disciplinary Committee
in her own defence.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 43
Supply of forms, etc., to midwives.

43.(1) All forms which midwives are required to fill up and return
to the Council shall be supplied to midwives, without charge, by
the Council.

(2) All forms and books which midwives are required to fill up or
use, other than those referred to in subsection (1), shall be
supplied to them, without charge, by the [Health and Social Services
Board] of the area within which they practise.

(3) Where midwives are required to return any form by post to the
Council or any [Health and Social Services Board], the form shall
be supplied duly stamped or a duly stamped envelope shall be
supplied with the form.

S.44 rep. by 1974 NI6 art.9(2) sch.5

Removal from register etc.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 45

45.(1) Subject to subsection (2), the Disciplinary Committee may
order the removal of the name of a person from the register, the
roll of nurses, the roll of midwives or the list, or may suspend
him from practice, in accordance with rules made by the Council.

(2) The Council shall make rules specifying

(a)the causes for which and the conditions under which the
Disciplinary Committee may order the removal of the names of persons
from the register, the roll of nurses, the roll of midwives and
the list or may suspend them from practice; and

(b)the procedure for restoring to the register, the roll of nurses,
the roll of midwives and the list the names of persons which have
been removed therefrom.

(3) Rules made under subsection (2) shall provide that any
determination made by the Disciplinary Committee shall, subject to
subsection (5), be final and conclusive and shall not require
confirmation or endorsement by the Council, so however that any such
determination shall be notified to the Council and shall be of no
effect until so notified.

(4) The Council shall serve on a person whose name is ordered to
be removed or who is suspended as mentioned in subsection (1)
notice that his name has been so removed or that he has been
suspended and that person shall, within fourteen days from the date
on which that notice is served on him, surrender to the Council
his certificate and any badge issued to him in pursuance of rules
made under this Act and, if he fails to do so, he shall be
guilty of an offence and shall be liable on summary conviction to
a fine not exceeding #10.

(5) A person aggrieved by the removal of his name, or his
suspension, as mentioned in subsection (1) may, within three months
from the date on which the notice mentioned in subsection (4) is
served on him, appeal to the High Court and the decision of the
High Court shall be final.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 46
Procedure of Disciplinary Committee.

46.(1) The Council shall make rules

(a)specifying in relation to the Disciplinary Committee

(i)the times and places of meetings;

(ii)the mode of summoning members;

<(iii)the quorum of the committee;

<(iv)the procedure to be followed; and

(v)the rules of evidence to be observed in proceedings before it;

(b)requiring that before any matter is referred to the Disciplinary
Committee, it shall be brought, in such manner as may be provided
by the rules, before and investigated by a committee of the Council
(in this section referred to as the Investigating Committee)
constituted in accordance with the rules;

(c)securing that a person who has acted in relation to any matter
as a member of the Investigating Committee shall not act in
relation to that matter as a member of the Disciplinary Committee;

(d)securing that notice that the proceedings are to be brought shall
be served, at such time and in such manner as may be specified in
the rules, on the person to whom the proceedings relate;

(e)securing that any party to the proceedings shall, if he so
requires, be entitled to be heard by the Disciplinary Committee; and

(f)enabling any party to the proceedings to be represented by
counsel or solicitor or, if the party so elects, by a person of
such other description as may be specified in the rules.

(2) For the purposes of any proceedings before the Disciplinary
Committee relating to the removal of a person from, or his
restoration to, the register, the roll of nurses, the roll of
midwives or the list

(a)the Disciplinary Committee may administer oaths; and

(b)any solicitor to the Disciplinary Committee, and any person
entitled to appear at the proceedings, may sue out writs of
subpoena ad testificandum and duces tecum,

(3) [Section 67 of the Judicature (Northern Ireland) Act 1978]
(which provides a special procedure for the issue of such writs so
as to be in force throughout the United Kingdom) shall apply in
relation to any proceedings relating to the removal of a person
from, or his restoration to, the register, the roll of nurses or
the list as it applies in relation to actions pending in the
Supreme Court.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 47
Assessors in disciplinary etc. proceedings.

47.(1) In all proceedings before the Disciplinary Committee relating
to the removal of a person from the register, the roll of nurses,
the roll of midwives or the list for disciplinary reasons there
shall, for the purpose of advising the Disciplinary Committee on
questions of law arising in the proceedings, be an assessor to that
Committee.

(2) The Disciplinary Committee may determine that an assessor under
this section shall be present at any proceedings before it relating
to the restoration of a person to the register, the roll of
nurses, the roll of midwives or the list.

(3) The Disciplinary Committee shall appoint as assessor under this
section a barrister or solicitor of not less than ten years'
standing.

(4) The Lord Chief Justice may make rules as to the functions of
assessors appointed under this section; and, in particular, rules
under this section may contain provisions for securing

(a)that where an assessor advises the Disciplinary Committee on any
question of law as to evidence, procedure or any other matters
specified by the rules, he shall do so in the presence of every
party, or person representing a party, to the proceedings or, if
the advice is tendered while the Committee is deliberating in
private, that every such party or person shall be informed of the
advice the assessor has tendered;

(b)if in any case the Disciplinary Committee does not accept the
advice of the assessor on any such question, that every such party
or person as aforesaid shall be informed,

(5) Subject to the provisions of this section, an assessor under
this section may be appointed either generally or for any particular
proceedings or class of proceedings, and shall hold and vacate
office in accordance with the terms of the instrument under which
he is appointed.

(6) The Council may pay to an assessor appointed under this section
remuneration at such rates as it may, with the consent of the Lord
Chief Justice, determine.

(7) The reference in subsection (1) to the removal of a person
from the register, the roll of nurses, the roll of midwives or the
list for disciplinary reasons is a reference to his removal
therefrom on grounds which involve the commission by him of a
criminal offence, or any misconduct on his part not constituting
such an offence, or on the ground that the entry of his name
thereon was procured by fraud.

Fees.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 48

48. The Council may, with the approval of the Ministry, determine
fees to be paid to the Council (whether or not as a condition
precedent to the performance by the Council of the service) by a
person requesting the performance of any of the following services

(a)the provision of any training or instruction under this Act;

(b)the processing of any application for acceptance for, or exemption
from, such training or instruction;

(c)any examination required under this Act;

(d)the processing of any application for, or for exemption from,
such examinations;

(e)any admission to the register, the roll of nurses, the roll of
midwives or the list whether by way of original admission or
restoration, and in respect of this, retention without limitation of
time (subject to the powers of removal under this Act) of the name
of any person on the register, the roll of nurses, the roll of
midwives or the list;

(f)the processing of any application for such admission;

(g)the issuing of any certificate or other document under this Act;

(h)the processing of any application for such issuing;

(i)any other service performed by the Council.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 49
Grants by Ministry to Council.

49.(1) The Ministry shall pay to the Council such sums as may be
necessary to defray the expenditure incurred by the Council in the
exercise of its functions under Part II, being expenditure approved
by the Ministry for the purposes of that Part.

(2) Payments under this section may be made at such times and in
such manner and subject to such conditions as to records,
certificates or otherwise as the Ministry may determine.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 50
Accounts.

50.(1) The Council shall keep in such form as the Ministry may
direct

(a)accounts of all moneys received otherwise than from the Ministry
and of all payments out of such moneys; and

(b)accounts of all moneys received from the Ministry and of payments
out of such moneys.

(2) The Council shall prepare and transmit to the Ministry in
respect of each financial year statements of accounts in such form
as the Ministry may, with the approval of the Ministry of Finance,
direct and those accounts shall be audited by auditors appointed by
the Ministry.

(3) The Ministry may give directions generally with respect to the
audit of the accounts of the Council and, in particular, may confer
on the auditor of any of those accounts such right of access to,
and production of books, accounts, vouchers and other documents as
may be specified in the directions, and such right to require from
any member or officer, or former member or officer, of the Council
such information relating to its affairs as the Ministry may think
necessary for the proper performance of the duty of the auditors
under this Act.

(4) The Ministry shall transmit to the Comptroller and Auditor
General the Council's annual statement of accounts in relation to
moneys received by it from the Ministry and payments out of such
moneys and the Comptroller and Auditor General shall examine and
certify that statement and lay copies of the statement and his
report thereon before each House of Parliament.

(5) The Comptroller and Auditor General may examine any accounts and
records kept under subsection (1)(b) and any report of an auditor
appointed under subsection (2) on any statement of accounts prepared
for them.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 51
Annual report.

51. As soon as practicable after 31st March in each year the
Council shall prepare and send to the Ministry a report as to the
discharge by the Council of its functions under this Act during the
preceding year.

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 52
General provisions as to rules and orders etc.

52.(1) The Council may make rules for the purpose of carrying this
Act into effect.

(2) Rules made under this Act by the Council shall not come into
effect until they are approved by order made by the Ministry.

(3) When the Council makes rules relating to midwives it shall send
a copy of the rules to the Executive Committee of the General
Medical Council, and before the Ministry makes an order approving
the rules it shall take into consideration any representations which
that committee may make to it with respect to them.

(4) Orders made under this Act by the Ministry (other than orders
made under sections 1(5) and 20(5)) and regulations so made, shall
be subject to negative resolution.

(5) Subject to subsection (6), any rules having effect by virtue of
any enactment repealed by this Act shall cease to have effect.

(6) The rules specified in Schedule 3 shall, until revoked by rules
made or, as the case may require, made and approved, under this
Act, continue to have effect as if made, or made and approved,
under this Act and as if any reference in them to the Joint
Council were a reference to the Council.

S.53 rep. by SLR 1976

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 54
Interpretation, etc.

54.(1) In this Act

"the Authority" means the Northern Ireland Hospitals Authority;

"the Council" has the meaning assigned to it by section 1(1);

"the Disciplinary Committee" means the committee constituted by the
Council under section 5;

"doctor" means a fully registered person within the meaning of the
Medical Acts 1956 to 1969;

["Health and Social Services Board" means a Health and Social
Services Board established under Article 16 of the Health and
Personal Social Services (Northern Ireland) Order 1972;]

Definition rep. by 1972 NI14 art.109(3) sch.18

"the Joint Council" means the Joint Nursing and Midwives Council for
Northern Ireland reconstituted by section 1 of the Nurses and
Midwives Act (Northern Ireland) 1959;

"the Liaison Committee" means the committee constituted by the
Council under section 6;

"the list" means the list established in pursuance of section 18 of
the Nurses Act (Northern Ireland) 1946, continued in pursuance of
section 5 of the Nurses and Midwives Act (Northern Ireland) 1959
and maintained in pursuance of section 17;

Definition rep. by 1972 NI14 art.109(3) sch.18

"midwife" means a woman who is for the time being certified under
Part III as a midwife;

"the Minister" means the Minister of Health and Social Services;

"the Ministry" means the Ministry of Health and Social Services;

"the register" means the register of nurses established in pursuance
of the Nurses Registration (Ireland) Act 1919, continued in pursuance
of section 2 of the Nurses and Midwives Act (Northern Ireland) 1959
and maintained in pursuance of section 17;

"the roll of nurses" means the roll established in pursuance of
Part I of the Nurses Act (Northern Ireland) 1946, continued in
pursuance of section 2 of the Nurses and Midwives Act (Northern
Ireland) 1959 under the name of the Roll of Assistant Nurses and
renamed the roll of nurses by section 1 of the Nurses and Midwives
(Amendment) Act (Northern Ireland) 1961 and maintained in pursuance
of section 17;

"the roll of midwives" means the roll of midwives established in
pursuance of the Midwives (Ireland) Act 1918, continued in pursuance
of section 22(1) of the Nurses and Midwives Act (Northern Ireland)
1959 and maintained in pursuance of section 17;

"school committee" means a committee constituted under section 10(5);

"specified" in relation to rules means specified in the rules;

"training" means training and instruction in nursing or midwifery,
and includes further training;

"training rules" means rules made under sections 7(2)(c) and
20(2)(a);

"training school" means an institution in which persons accepted for
training as nurses or midwives are given such training;

Definition rep. by 1972 NI14 art.109(3) sch.18

(2) References in this Act to the register and the list shall
include references respectively to a part of the register and a
part of the list.

(3) A person who was accepted by the Authority for training as a
nurse or midwife before the commencement of this Act and whose
period of training had not expired at that commencement shall be
deemed to have been accepted by the Council for training.[

NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 54A
Extension of Act to men.

54A. From 1st September 1976, references in this Act to women
(except to a woman in childbirth) apply equally to men.]

S.55, with Schedule 4, effects repeals

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