The Nursing and Midwifery Order 2001 No. 253

Article 3

SCHEDULE 1U.K.THE NURSING AND MIDWIFERY COUNCIL AND COMMITTEES

Modifications etc. (not altering text)

C1Sch. 1 modified (temp.) (1.4.2002) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order 2002 (S.I. 2002/1125), arts. 1(1)(c), 2(1)(b)

PART IU.K.THE NURSING AND MIDWIFERY COUNCIL

MembershipU.K.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 1 paras. 1A, 1B substituted for Sch. 1 paras. 1-11 (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(2)

[F1Membership: generalU.K.

1A.—(1) The Council shall consist of—

(a)registrant members, that is members who are registrants; and

(b)lay members, that is members who—

(i)are not and never have been registered nurses or registered midwives (and article 5(5) does not apply for these purposes), and

(ii)do not hold qualifications which would entitle them to apply for registration under this Order.

(2) The members of the Council shall be appointed by the Privy Council.

(3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 1 para. 1A(4)(5) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 51(2)

Matters for the order of the Privy Council under article 3(7A)U.K.

1B.—(1) An order under article 3(7A) shall include provision with regard to—

(a)the numbers of registrant members and lay members of the Council;

(b)the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c)the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

(d)the appointment of a chair of the Council and the chair’s term of office [F3, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment];

(e)deputising arrangements in respect of the chair;

(f)the quorum of the Council; and

(g)the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) But an order under article 3(7A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

(3) An order under article 3(7A) may include provision with regard to—

(a)the maximum period for which a member of the Council may hold office as a member during a specified period;

(b)the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

(c)the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—

(i)that education and training to be the responsibility of another body, and

(ii)those requirements to be set and varied by that body from time to time;

(d)the attendance of members of the Council at meetings of the Council;

(e)the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member; and

(f)enabling the Privy Council to appoint as the chair of the Council, for a specified period, the person who held office as President of the Council on the day before the first order under article 3(7A) comes into force.

(4) An order under article 3(7A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.]

Textual Amendments

F3Words in Sch. 1 para. 1B(1)(d) inserted (14.5.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(e), Sch. 4 para. 38(g)(i)

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tenure of membersU.K.

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The PresidentU.K.

F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Procedure etc. of Council and committeesU.K.

[F412.—(1) Subject to any provision made by this Order or under this Order (otherwise than by standing orders), the Council may by standing orders make provision in respect of—

(a)its procedure;

(b)the performance of its functions;

(c)the constitution of its committees and sub-committees, other than the Practice Committees and the Midwifery Committee;

(d)the procedure of any of its committees or sub-committees;

(e)the performance by any of its committees or sub-committees of their functions; and

(f)the standards of education, training, attendance and performance expected of the members of its committees and sub-committees.

(2) Standing orders of the Council may make provision with regard to the provisional suspension of a member from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under article 3(7A).]

Textual Amendments

F4Sch. 1 para. 12 substituted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(3)

Commencement Information

I1Sch. 1 para. 12 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

13.—(1) In appointing non-Council members to any committee set up under article 3(12) the Council shall have regard, where appropriate and subject to the other provisions of this Order, to the guidance issued by the Commissioner for Public Appointments.

(2) The Council shall ensure that such members of the committee who are not Council members shall have such qualifications, interests or experience as, in the opinion of the Council, are relevant to the field with which the committee is mainly concerned.

(3) The Council shall—

(a)establish and maintain a system for the declaration and registration of private interests of its members and other members of its committees and sub-committees; and

(b)publish entries recorded in the register of members' interests.

Commencement Information

I2Sch. 1 para. 13 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

14.—(1) Decisions of the Council and committees shall be made by a majority vote of the members present and voting.

(2) In the event of a tie the [F5chair] shall have an additional casting vote.

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

(4) This paragraph does not apply to the [F7Practice Committees] or to decisions of the Council under article 37.

Textual Amendments

F5Word in Sch. 1 para. 14(2) substituted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(4)(a)

F6Sch. 1 para. 14(3) omitted (12.6.2008) by virtue of The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), art. 1(2)(b), Sch. 1 para. 10(4)(b)

F7Words in Sch. 1 para. 14(4) substituted (12.6.2008) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), art. 1(2)(b), Sch. 1 para. 10(4)(c)

Commencement Information

I3Sch. 1 para. 14 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Powers of the CouncilU.K.

15.—(1) Subject to any provision made by or under this Order, the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2) The Council shall, in particular, have power—

(a)to borrow;

(b)to appoint such staff as it may determine;

(c)to pay its staff such salaries, allowances and expenses as it may determine;

(d)to make such provision for the payment of such pensions, allowances or gratuities, or such contributions or payments towards provision for such pensions, allowances or gratuities, to or in respect of its staff as it may determine;

(e)to make such provision in respect of its members and members of its committees and sub-committees as it may determine—

(i)for the payment of fees and allowances, including the payment of allowances to employers of such members for the purposes of enabling the members to perform functions under this Order;

(ii)for the reimbursement of such expenses as the members may reasonably have incurred in the course of carrying out their functions under this Order;

(f)to establish such sub-committees of any of its committees as it may determine;

F8(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)to abolish any of its committees, other than a statutory committee, or any sub-committee of any of its committees.

(3) The Council may not employ any member of the Council or its committees or sub-committees.

(4) If it appears to the Council that any statutory committee is failing to perform its functions adequately, the Council may give a direction as to the proper performance of those functions.

(5) Where the Council, having given a direction under sub-paragraph (4), is satisfied that the committee has failed to comply with the direction, it may exercise any power of that committee or do any act or other thing authorised to be done by that committee.

F9(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) No person who is a member of the Council or any of its committees or sub-committees by virtue of his membership of any profession, may take part in any proceedings of the Council in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.

Textual Amendments

F8Sch. 1 para. 15(2)(g) omitted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by virtue of The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(5)(a)

F9Sch. 1 para. 15(6)(7) omitted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by virtue of The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(5)(b)

Commencement Information

I4Sch. 1 para. 15 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Privy Council functionsU.K.

F1015A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 1 para. 15A revoked (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 47, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(iii)(e), Sch.

PART IIU.K.THE STATUTORY COMMITTEES

Midwifery CommitteeU.K.

16.—[F11(1) The Council shall by rules make provision with regard to the constitution of the Midwifery Committee, and those rules shall include provision with regard to—

(a)its size and membership;

(b)the appointment, suspension and removal of its members;

(c)its chair, including the deputising arrangements for its chair; and

(d)the quorum at its meetings.

(2) The rules may make provision for a body (including a committee of the Council other than the Midwifery Committee) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Midwifery Committee, including any function relating to tenure of office or suspension or removal from office.

(2A) The Council shall have regard, when selecting non-Council members for the Midwifery Committee, to the guidance issued by the Commissioner for Public Appointments.

(2B) Subject to any provision made by this Order or under this Order, including provision made by standing orders of the Council under paragraph 12(1)(d), the Midwifery Committee may regulate its own procedure.]

(3) No person who is a member of the Council or Midwifery Committee by virtue of his membership of any profession may take part in any proceedings of the Committee in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.

(4) The powers of the Midwifery Committee may be exercised even though there is a vacancy among its members.

(5) No proceedings of the Midwifery Committee shall be invalidated by any defect in the appointment of a member.

Textual Amendments

F11Sch. 1 para. 16(1)-(2B) substituted for Sch. 1 para. 16(1)(2) (5.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(6)

Commencement Information

I5Sch. 1 para. 16 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Practice CommitteesU.K.

[F1217.—(1) The Council shall by rules make provision with regard to the constitution of each Practice Committee, and those rules shall include provision with regard to—

(a)its size and membership;

(b)the appointment, suspension and removal of its members;

(c)its chair, including the deputising arrangements for its chair; and

(d)the quorum at its meetings.

[F13(1A) Where the rules provide for one or more panels of members of a Practice Committee to perform functions of the Committee, the provision required by sub-paragraph (1)(d) includes provision with regard to the quorum at meetings of those panels.]

(2) The rules may make provision for a body (including a committee of the Council which is not one of the Practice Committees) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of a Practice Committee, including any function relating to tenure of office or suspension or removal from office.

(3) Subject to any provision made by this Order or under this Order, including provision made by standing orders of the Council under paragraph 12(1)(d), each Practice Committee may regulate its own procedure.]

Textual Amendments

F12Sch. 1 para. 17 substituted (5.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(7)

F13Sch. 1 para. 17(1A) inserted (14.5.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(e), Sch. 4 para. 38(g)(ii)

Commencement Information

I6Sch. 1 para. 17 in force at 22.1.2003 as notified in the London Gazette (Issue 56816, published 10.1.2003), see art. 1(2)(3)

18.—F14(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Council shall, subject to other provisions in this Order, have regard when selecting non-Council members for a Practice Committee, to the guidance issued by the Commissioner for Public Appointments.

F16(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Decisions of a Practice Committee shall be made by a majority vote of the members present and voting.

(8) In the event of a tie, the [F17chair] shall have an additional casting vote and in respect of a decision under Part V shall exercise his casting vote in favour of the person concerned.

F18(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Apart from proceedings under Part V, no proceedings of a Practice Committee shall be invalidated by any defect in the appointment of a member.

F19(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 1 para. 18(1)-(3) omitted (5.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by virtue of The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(8)(a)

F15Sch. 1 para. 18(4) omitted (14.5.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(e), Sch. 4 para. 38(g)(iii)

F16Sch. 1 para. 18(6) omitted (5.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by virtue of The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(8)(a)

F17Word in Sch. 1 para. 18(8) substituted (5.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 10(8)(b)

F18Sch. 1 para. 18(9) omitted (14.5.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(e), Sch. 4 para. 38(g)(iii)

F19Sch. 1 para. 18(11) omitted (14.5.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(e), Sch. 4 para. 38(g)(iii)

Commencement Information

I7Sch. 1 para. 18(1)-(5), (7)-(11) in force at 22.1.2003 as notified in the London Gazette (Issue 56816, published 10.1.2003), see art. 1(2)(3)

I8Sch. 1 para. 18 in force at 1.8.2004 in so far as not already in force as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)