Nurses, Midwives and Health Visitors Act 1997 (repealed)

Textual Amendments applied to the whole legislation

F6 Act repealed (prosp.) 1999 c. 8, ss. 60(3), 65(2), 67(1), Sch. 5, the repeal being brought into force as follows: 11.5.2001, to the extent that s. 10(5) and Sch. 1 para.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to the extent that ss. 1-8, 10, 11, 14, 15, 17-20, 22 (in part), 24 (in part), Schs. 1-3 and Sch. 4 paras. 1, 2 are repealed, by S.I. 2002/1167, arts. 3(a), 5 (with transitional provisions and savings in S.I. 2002/253, arts. 1(3), 54, sch. 2 (with art. 3(18)) (coming into force in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)

The Central CouncilF6 U.K.

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The National Boards and their relationship to the Central CouncilF6 U.K.

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RegistrationF6 U.K.

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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).

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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 midwiferyF6 U.K.

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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.

Financial provisionsF6 U.K.

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Miscellaneous and generalF6 U.K.

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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 M7 Article 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—

• “competent authority”, in relation to an EEA State, means the authority or body designated by that State as competent for the purposes of the Nursing Directive or, as the case may be, the Midwifery Directive;

• “Nursing Directive” means M8 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, as adapted, amended or extended by the Accession of Greece Act, M9 Council Directive No. 81/1057/EEC, the Accession of Spain and Portugal Act, M10 Council Directives Nos. 89/594/EEC, 89/595/EEC and 90/658/EEC, the M11 EEA Agreement and the Accession of Austria, Finland and Sweden Act; and

• “Midwifery Directive” means M12 Council Directive No. 80/154/EEC, concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications in midwifery, as adapted, amended or extended by M13 Council Directive No. 80/1273/EEC, the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC and 90/658/EEC, the EEA Agreement and the Accession of Austria, Finland and Sweden Act;

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

(7) For the purposes of this section—

• “the Accession of Greece Act” means the M14 Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979;

• “the Accession of Spain and Portugal Act” means the M15 Act annexed to the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Community signed at Madrid and Lisbon on 12th June 1985;

• “the Accession of Austria, Finland and Sweden Act” means the M16 Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994, as adjusted by the M17 Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new member States to the European Union.

Modifications etc. (not altering text)

C20 Ss. 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)

C21 S. 21 modified (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 2

Marginal Citations

M7 O.J. No. L257.

M8 O.J. No. L176.

M9 O.J. No. L385.

M10 O.J. No. L341.

M11 O.J. No. L353.

M12 O.J. No. L33.

M13 O.J. No. L375.

M14 O.J. No. L291.

M15 O.J. No. L302.

M16 O.J. No. C241.

M17 O.J. No. L1.

22 Interpretation and supplementary. U.K.

(1) In this Act—

• F3 . . .

• F3 . . .

• F3 . . .

• F3 . . .

• F3 . . .

• “the professional register” means the register maintained by the Council under section 7(1), and “registration” and “register” shall be construed accordingly;

• F3 . . .

• “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.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 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

F4 S. 22(2)(3) 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.

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

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

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This Act extends to Northern Ireland.

Textual Amendments

F5 S. 24(2)-(5) 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