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Nurses, Midwives and Health Visitors Act 1997

1997 CHAPTER 24

An Act to consolidate the Nurses, Midwives and Health Visitors Act 1979 and the enactments amending it.

[19th March 1997]

F1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Textual Amendments

F1Act repealed (prosp.) 1999 c. 8, ss. 60(3), 65(2), 67(1), Sch. 5, the repeal being brought into force as follows: 11.5.2001, to the extent that s. 10(5) and Sch. 1 para. 7(4) ceased to have effect by S.I. 2001/1985, art. 2(2)(a); 1.4.2002, to the extent that ss. 1-8, 10, 11, 14, 15, 17-20, 22 (in part), 24 (in part), Schs. 1-3 and Sch. 4 paras. 1, 2 are repealed, by S.I. 2002/1167, arts. 3(a), 5 (with transitional provisions and savings in S.I. 2002/253, arts. 1(3), 54, sch. 2 (with art. 3(18)) (coming into force in accordance with art. 1(3) of the said S.I. 2002/253)

Modifications etc. (not altering text)

C1Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2

RegistrationU.K.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Deemed registration of visiting EEA nurses and midwives.U.K.

(1)A visiting EEA nurse may practise as a nurse responsible for general care during the period specified in his relevant documents in pursuance of section 21(5)(a)(ii), and while he is so practising he shall be deemed to be registered as a nurse responsible for general care.

(2)A visiting EEA midwife shall be deemed to be registered as a midwife during the period specified in her relevant documents in pursuance of section 21(5)(a)(ii).

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 Appeals.U.K.

(1)A person aggrieved by a decision to remove him from the register or to direct that his registration in the register be suspended or to remove or alter any entry in respect of him, or by any decision under section 10(3) or (4), may, within three months after the date on which notice of the decision is given to him by the Council, appeal to the appropriate court; and on the appeal—

(a)the court may give such directions in the matter as it thinks proper, including directions as to the costs of the appeal; and

(b)the order of the court shall be final.

(2)The appropriate court for the purposes of this section is the High Court, the Court of Session or the High Court in Northern Ireland, according as the appellant’s ordinary place of residence is in England and Wales, Scotland or Northern Ireland at the time when notice of the decision is given.

13 False claim of professional qualification.U.K.

(1)A person commits an offence if, with intent to deceive (whether by words or in writing or by the assumption of any name or description, or by the wearing of any uniform or badge or by any other kind of conduct)—

(a)he falsely represents himself to possess qualifications in nursing, midwifery or health visiting; or

(b)he falsely represents himself to be registered in the register, or in a particular part of it.

(2)A person commits an offence if—

(a)with intent that any person shall be deceived, he causes or permits another person to make any representation about himself which, if made by himself with intent to deceive, would be an offence by him under subsection (1); or

(b)with intent to deceive, he makes with regard to another person any representation which—

(i)is false to his own knowledge, and

(ii)if made by the other with that intent would be an offence by the other under that subsection.

(3)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Miscellaneous provisions about midwiferyU.K.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 Attendance by unqualified persons at childbirth.U.K.

(1)A person other than a registered midwife or a registered medical practitioner shall not attend a woman in childbirth.

(2)Subsection (1) does not apply—

(a)where the attention is given in a case of sudden or urgent necessity; or

(b)in the case of a person who, while undergoing training with a view to becoming a medical practitioner or to becoming a midwife, attends a woman in childbirth as part of a course of practical instruction in midwifery recognised by the General Medical Council or one of the National Boards.

(3)A person who contravenes subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Miscellaneous and generalU.K.

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Visiting EEA nurses and midwives.U.K.

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

(a)is a national of any EEA State;

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

(c)holds the appropriate diploma;

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

(e)provides the Council with the relevant documents.

(2)Any person who—

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

(b)is, by virtue of a right conferred by M7Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (1) as if he were such a national.

(3)A visiting EEA nurse and a visiting EEA 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 16(2)(a).

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

(5)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 EEA 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.

(6)For the purposes of this Act—

and “EEA Agreement”, “EEA State” and “national” shall be construed in accordance with section 8(8).

(7)For the purposes of this section—

Modifications etc. (not altering text)

C21Ss. 2-8, 14, 15, 20, 21: temp. amendment as to exercise of functions by S.I. 2002/253, art. 54, Sch. 2 (with art. 3(18 ) (coming into force in accordance with art. 1(3)

Marginal Citations

M7O.J. No. L257.

M8O.J. No. L176.

M9O.J. No. L385.

M10O.J. No. L341.

M11O.J. No. L353.

M12O.J. No. L33.

M13O.J. No. L375.

M14O.J. No. L291.

M15O.J. No. L302.

M16O.J. No. C241.

M17O.J. No. L1.

22 Interpretation and supplementary.U.K.

(1)In this Act—

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.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4S. 22(1): definitions of

by order

, “the Central Council”

the Council

,

elected members

“electoral scheme”,

the National Boards

, “the Boards”

prescribed

and “rules”repealed (1.4.2002) by 1999 c. 8 ss. 60(3), 65(2), 67(1), Sch. 5; S.I. 2002/1167, arts. 3(a), 5

23 Consequential amendments, transitionals, repeals etc.U.K.

(1)The enactments mentioned in Schedule 4 to this Act shall be amended in accordance with that Schedule.

(2)Schedule 5 to this Act which contains transitional provisions and savings has effect.

(3)The enactments and instruments mentioned in Schedule 6 to this Act are repealed or revoked to the extent specified in the third column of that Schedule.

24 Short title, commencement, extent etc.U.K.

(1)This Act may be cited as the Nurses, Midwives and Health Visitors Act 1997.

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)This Act extends to Northern Ireland.

Textual Amendments

SCHEDULES

Section 1.

SCHEDULE 1U.K. Constitution etc. of Central Council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10(8).

SCHEDULE 2U.K. Proceedings before Council and Committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 22(3).

SCHEDULE 3U.K. Adaptations for Northern Ireland and its National Board

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 23(1).

SCHEDULE 4U.K. Consequential amendments

The Registered Homes Act 1984 (c. 23)U.K.

F83U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 4 para. 3 repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(xiii) (subject to transitional provisions in art. 4 and and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g)(xi) (subject to art. 3(5)-(10) and to transitional provisions in Schs. 1-3)

The Video Recordings Act 1984 (c. 39)U.K.

4U.K.In section 3(11) of the Video Recordings Act 1984, for “the Nurses, Midwives and Health Visitors Act 1979” substitute “ the Nurses, Midwives and Health Visitors Act 1997 ”.

The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))U.K.

5U.K.In Article 32(2)(b) of the Registered Homes (Northern Ireland) Order 1992 for “section 10 of the Nurses, Midwives and Health Visitors Act 1979” substitute “ section 7 of the Nurses, Midwives and Health Visitors Act 1997 ”.

The Value Added Tax Act 1994 (c. 23)U.K.

6U.K.In Part II of Schedule 9 to the Value Added Tax Act 1994, in item 1(d) in Group 7, for “section 10 of the Nurses, Midwives and Health Visitors Act 1979” substitute “ section 7 of the Nurses, Midwives and Health Visitors Act 1997 ”.

Section 23(2).

SCHEDULE 5U.K. Transitional provisions and savings

GeneralU.K.

1U.K.The substitution of this Act for the provisions repealed by it does not affect the continuity of the law.

2U.K.Anything done (including subordinate legislation made) under or otherwise by reference to a provision repealed by this Act has effect as if done under or by reference to any corresponding provision of this Act.

3U.K.Any reference, express or implied, in this Act, another enactment or an instrument or document, to a provision of this Act is, subject to its context, to be read as being or including a reference to the corresponding provision repealed by this Act, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.

4(1)Any reference, express or implied, in any enactment, instrument or document, to a provision repealed by this Act is, subject to its context, to be read as being or including a reference to the corresponding provision of this Act, in relation to times, circumstances or purposes in relation to which that provision has effect.U.K.

(2)In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as that Act, the power is also exercisable in relation to any corresponding provision of this Act.

5U.K.Any reference to an enactment repealed by this Act which is contained in a document made, served or issued after the repeal has come into force is, subject to its context, to be read as being or including a reference to the corresponding provision of this Act.

6U.K.Paragraphs 1 to 5 are in place of section 17(2) of the M23Interpretation Act 1978 but do not otherwise affect the application of that Act.

Marginal Citations

Claims against pre-1979 bodiesU.K.

7(1)Where a person formerly employed by any of the bodies dissolved by virtue of section 21(1) of the M24Nurses, Midwives and Health Visitors Act 1979 claims to have a right of action against that body arising from his employment by it but is unable to pursue his claim because of the dissolution of the body, he may bring his claim—U.K.

(a)if he was transferred to the employment of the Central Council or one of the National Boards, against the body to whose employment he was transferred; or

(b)in any other case, against the Central Council.

(2)The body against whom a claim is brought by virtue of sub-paragraph (1) shall be liable in the same manner and to the same extent as the body dissolved would have been liable if it had not been dissolved.

Marginal Citations

Section 23(3).

SCHEDULE 6U.K. Repeals and revocations

Chapter or numberShort title or titleExtent of repeal or revocation
1979 c. 36.The Nurses, Midwives and Health Visitors Act 1979.The whole Act so far as unrepealed except sections 23(4) and 24 and Schedule 7.
S.I. 1983/884.The Nursing and Midwifery Qualifications (EEC Recognition) Order 1983.The whole instrument.
S.I. 1984/1975.The Nursing and Midwifery Qualifications (EEC Recognition) Amendment Order 1984.The whole instrument.
1985 c. 9.The Companies Consolidation (Consequential Provisions) Act 1985.In Schedule 2, the entry relating to the Nurses, Midwives and Health Visitors Act 1979.
1990 c. 41.The Courts and Legal Services Act 1990.In Schedule 10, paragraph 43.
1992 c. 16.The Nurses, Midwives and Health Visitors Act 1992.The whole Act.
1995 c. 17.The Health Authorities Act 1995.In Schedule 1, paragraph 104.
S.I. 1996/3101.The Nurses, Midwives and Health Visitors Act 1979 (Amendment) Regulations 1996.The whole instrument.

TABLE OF DERIVATIONSU.K.Notes:

1U.K.This Table shows the derivation of the provisions of the Act.

2U.K.The following abbreviations are used in the Table—

Acts of Parliament

1979= Nurses, Midwives and Health Visitors Act 1979 (c.36)
1992= Nurses, Midwives and Health Visitors Act 1992 (c.16)

Subordinate Legislation

S.I. 1983/884= Nursing and Midwifery Qualifications (EEC Recognition) Order 1983
S.I. 1996/3101= Nurses, Midwives and Health Visitors Act 1979 (Amendment) Regulations 1996
ProvisionDerivation
1(1)1979 s.1(1).
(2) to (8)1979 s.1(2) to (8); 1992 ss.1(1), 2, Sch.2 para.8(3); United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Membership Proposal) Approval Order 1992 (S.I. 1992/2160); United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Electoral Scheme) Order 1992 (S.I. 1992/2159).
2(1), (2)1979 s.2(1), (2).
(3)1979 s.2(3); 1992 Sch.2 para.3.
(4) to (6)1979 s.2(4) to (6).
3(1), (2)1979 s.3(1), (2).
(3)1979 s.3(3); 1992 s.3.
(4)1979 s.3(4).
41979 s.4.
5(1)1979 s.5(1).
(2) to (5)1979 s.5(2) to (5); 1992 s.4.
(6)1979 Sch.2 para.7(b); Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670) Arts.2 and 3(5).
(7) to (11)1979 s.5(6) to (10); 1992 s.4.
6(1)(a)1979 s.6(1)(a); 1992 s.5(2).
(b)1979 s.6(1)(b); 1992 Sch.2 para.4.
(c), (d)1979 s.6(1)(c), (d).
(e)1979 s.6(1)(da); 1992 s.5(3).
(2)1979 s.6(2); 1992 s.5(5).
71979 s.10.
8(1), (2)1979 s.11(1), (2).
(3)1979 s.11(3); S.I. 1996/3101 Reg.2(1).
(4)1979 s.11(3A); S.I. 1983/884 Art.3(a); Nursing and Midwifery Qualifications (EEC Recognition) Amendment Order 1984 (S.I. 1984/1975) Art. 2.
(5)1979 s.11(3B); S.I. 1996/3101 Reg.2(2).
(6)1979 s.11(4); European Communities (Medical, Dental and Nursing Professions) (Linguistic Knowledge) Order 1981 (S.I. 1981/432) Art.2(1)(f).
(7)1979 s.11(4A); S.I. 1983/884 Art.3(b); S.I. 1996/3101 Reg.2(3).
(8)1979 s.11(5); S.I. 1996/3101 Reg.2(4).
91979 s.11A; S.I. 1983/884 Art.4; S.I. 1996/3101 Reg.4(1).
10(1)(a)1979 s.12(1)(a).
(b)1979 s.12(1)(b).
(c), (d)1979 s.12(1)(ba), (bb); 1992 s.7(2).
(e)1979 s.12(1)(c).
(2)1979 s.12(2); 1992 ss.7(3), 8(2).
(3), (4)1979 s.12(2A), (2B); S.I. 1983/884 Art.5(1); S.I. 1996/3101 Reg.4(2).
(5), (6)1979 s.12(3), (3A); 1992 s.8(3)(a), (b).
(7), (8)1979 s.12(4), (5).
(9)1979 s.12(6); 1992 s.7(4).
111979 s.12A; 1992 s.9.
12(1)1979 s.13(1); 1992 s.7(5); S.I. 1983/884 Art.5(2).
(2)1979 s.13(2).
13(1), (2)1979 s.14(1), (2).
(3)1979 s.14(3); Criminal Justice Act 1982 (c.48) s.46; Criminal Justice (Scotland) Act 1975 (c.21) s.289G; Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I.3)) Art.5.
14(1)1979 s.15(1).
(2)1979 s.15(2); 1992 s.11.
15(1)(a)1979 s.16(1)(a); Health Authorities Act 1995 (c.17) Sch.1 para.104.
(b), (c)1979 s.16(1)(c), (d).
(2)(a)1979 s.16(2)(a).
(b)1979 s.16(2)(b); 1992 Sch.2 para.5.
(c)1979 s.16(2)(c).
(3), (4)1979 s.16(3), (4).
(5)1979 s.16(5); 1992 s.12.
16(1)1979 s.17(1).
(2)1979 s.17(3); 1992 Sch.2 para.6.
(3)1979 s.17(4); Criminal Justice Act 1982 (c.48) s.46; Criminal Justice (Scotland) Act 1975 (c.21) s.289G; Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I.3)) Art.5.
171979 s.19; 1992 s.13(2)(b).
18(1), (2)1979 s.20(1), (2).
(3)1979 s.20(2A); Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 (S.I. 1991/1997) Sch. para.32.
(4), (5)1979 s.20(3), (4).
(6)1979 s.20(5); 1992 Sch.2 para.7.
(7)1979 s.20(6).
19(1) to (3)1979 s.22(1) to (3).
(4)1979 s.22(3A); 1992 s.14.
(5)1979 s.22(4).
201979 s.22A; S.I. 1983/884 Art.6; S.I. 1996/3101 Reg.4(3).
21(1)1979 s.22B(1); S.I. 1983/884 Art.6; S.I. 1996/3101 Reg.3(1).
(2)1979 s.22B(1A); S.I. 1996/3101 Reg.3(2).
(3) to (5)1979 s.22B(2) to (4); S.I. 1983/884 Art.6; S.I. 1996/3101 Reg.3(3), (4).
(6), (7)1979 s.22B(5), (6); S.I. 1996/3101 Reg.3(5).
22(1)1979 s.23(1); 1992 Sch.2 para.8.
(2), (3)1979 s.23(2), (3).
23
24(1), (2)
(3)See Nurses, Midwives and Health Visitors Act 1992 (Commencement No.1) Order 1993 (S.I. 1993/588 (C.11)) and 1979 s.6(1)(a).
(4)See Nurses, Midwives and Health Visitors Act 1992 (Commencement No.1) Order 1993 (S.I. 1993/588 (C.11)) and 1992 Sch.3.
(5)1992 s.17(3).
(6)1979 s.24(3); 1992 s.17(4).
Sch. 11979 Sch.1; 1992 s.1(2), Sch.1.
Sch. 2
para.11979 Sch.3 para.1; Interpretation Act 1978 (c.30) s.17(2)(a) and Supreme Court Act 1981 (c.54) s.36.
para.21979 Sch.3 para.2.
para.3(1)1979 Sch.3 para.3(1).
para.3(2)1979 Sch.3 para.3(2); Courts and Legal Services Act 1990 (c.41) Sch.10 para.43.
para.3(3)1979 Sch.3 para.3(3).
para.41979 Sch.3 para.4.
Sch. 3
para.11979 Sch.6 para.1; 1992 Sch.2 para.9(2).
para.21979 Sch.6 para.2; 1992 Sch.2 para.9(3); Departments (Northern Ireland) Order 1982 (S.I. 1982/338 (N.I.6)) Art. 3; Companies (1990 Order) (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations (Northern Ireland) 1993 (S.I. 1993/67) Sch. para.8.
para.31979 Sch.6 para.2A; 1992 Sch.2 para.9(4); as to s.5(6), 1979 Sch.2 para.7(b) and Sch.6 para.2, and Departments (Northern Ireland) Order 1982 (S.I. 1982/338 (N.I.6)) Arts. 4 and 7.
para.41979 Sch.6 para.3; 1992 Sch.2 para.9(5); Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)) Sch.4 para.28.
para.51979 Sch.6 para.4; 1992 Sch.2 para.9(6).
para.61979 Sch.6 para.5.
Sch. 4
para.1
para.21979 Sch.2 para.5(2); 1992 Sch.2 para.2.
Sch. 5
paras.1 to 6
para.71979 Sch.5 para.6.
Sch. 6