Nurses, Midwives and Health Visitors Act 1997 (repealed)

Section 22(3).

SCHEDULE 3F1 U.K. Adaptations for Northern Ireland and its National Board

Textual Amendments applied to the whole legislation

F1 Act repealed (prosp.) 1999 c. 8, ss. 60(3), 65(2), 67(1), Sch. 5, the repeal being brought into force as follows: 11.5.2001, to the extent that s. 10(5) and Sch. 1 para.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to the extent that ss. 1-8, 10, 11, 14, 15, 17-20, 22 (in part), 24 (in part), Schs. 1-3 and Sch. 4 paras. 1, 2 are repealed, by S.I. 2002/1167, arts. 3(a), 5 (with transitional provisions and savings in S.I. 2002/253, arts. 1(3), 54, sch. 2 (with art. 3(18)) (coming into force in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)

1 U.K. In sections 5, 6, 17, 18, 19 and 22 and Schedule 2, as they apply to Northern Ireland and to the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland, there are made the adaptations provided for by this Schedule.

2 U.K. Subject to the following provisions of this Schedule, in the provisions of this Act specified in column 1 of the Table set out below, for any reference specified in column 2 substitute the reference specified in column 3.

Table

Provision	Reference	Substituted reference
Sections 5(9)(e) and (f) and 18(6) and (7)	The Secretary of State	The Head of the Department of Health and Social Services for Northern Ireland.
Sections 6(1)(e), 17(1) and (3) and 18(1) and (2)	The Secretary of State	The Department of Health and Social Services for Northern Ireland.
Sections 5(9)(e) and 18(1)(b)	The Treasury	The Department of Finance and Personnel in Northern Ireland.
Section 18	The Comptroller and Auditor General	The Comptroller and Auditor General for Northern Ireland.
Section 18(3)	Section 25 of the Companies Act 1989	Article 28 of the M1 Companies (Northern Ireland) Order 1990.
Section 18(7)	Each House of Parliament	The Northern Ireland Assembly.
Section 19(5) and Schedule 2, paragraph 4	The Lord Chancellor	The Lord Chief Justice of Northern Ireland.

Marginal Citations

M1 S.I. 1990/593 (N.I. 5).

3 U.K. In section 5, for subsections (2) to (8) substitute—

“(2) The National Board for Nursing, Midwifery and Health Visiting for Northern Ireland shall consist of—

(a) a chairman appointed by the Head of the Department of Health and Social Services for Northern Ireland from among persons who are registered nurses, midwives or health visitors;

(b) such number of other members appointed by the Head of the Department of Health and Social Services for Northern Ireland as that Department may specify by order;

(c) the person for the time being appointed in pursuance of subsection (7)(a) to be the chief executive officer of the Board; and

(d) any person for the time being appointed in pursuance of subsection (7)(b) to an office under the Board which is specified for the purposes of this paragraph by the Department of Health and Social Services for Northern Ireland by order.

(3) Appointments to the Board for the purposes of subsection (2)(b) shall be made from among persons who—

(a) are registered nurses, midwives or health visitors; or

(b) have such qualifications and experience in education or other fields as, in the opinion of the Head of the Department of Health and Social Services for Northern Ireland, will be of value to the Board in the performance of its functions.

(4) The powers conferred by this section shall be so exercised as to secure that a majority of the members of the Board are registered nurses, midwives or health visitors.

(5) The Department of Health and Social Services for Northern Ireland may, with the consent of the Department of Finance and Personnel in Northern Ireland—

(a) pay such remuneration as the Department of Health and Social Services for Northern Ireland thinks fit to any person who is a member of the Board by virtue of appointment by the Head of that Department; and

(b) make such provision as the Department of Health and Social Services for Northern Ireland thinks fit for the payment to or in respect of any person who is a member of the Board by virtue of such appointment of pensions, allowances or gratuities.

(6) A National Board may pay to its chairman and members and to other persons appointed to serve on its standing and other committees, such travelling and other allowances as the Department of Health and Social Services for Northern Ireland may determine with the consent of the Department of Finance and Personnel in Northern Ireland.

(7) The Board shall have—

(a) a chief executive officer; and

(b) such other officers as the Department of Health and Social Services for Northern Ireland may by order specify for the purposes of this paragraph,

appointed by the Board.

(8) The Department of Health and Social Services for Northern Ireland may by order make such further provision with respect to the constitution and administration of the Board as it thinks fit.”

4 U.K. In section 22(1)—

(a) in the definition of “by order”, at the end add the words “ or, in the case of an order under section 5 or 6 made by the Department of Health and Social Services for Northern Ireland or an order under section 19(5) or paragraph 4 of Schedule 2 made by the Lord Chief Justice of Northern Ireland, means by order made by statutory rule for the purposes of the M2 Statutory Rules (Northern Ireland) Order 1979 ”;

(b) in the definition of “prescribed” after the words “Secretary of State” insert the words “ or, as the case may be, the Department of Health and Social Services for Northern Ireland ”.

Marginal Citations

M2 S.I. 1979/1573 (N.I.12).

5 U.K. In section 22(2) at the end add the words “ or orders made by the Department of Health and Social Services for Northern Ireland under section 5 or 6; and the orders made by that Department under those sections shall be subject to negative resolution as defined by section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act. ”

6 U.K. In paragraph 1 of Schedule 2 for “in England and Wales” substitute “ in Northern Ireland ” and for sub-paragraph (c) substitute—

“(c) section 67 of the M3 Judicature (Northern Ireland) Act 1978 (subpoena valid throughout United Kingdom) applies as in relation to causes or matters in the High Court in Northern Ireland”.

Marginal Citations

M3 1978 c. 23.