Miscellaneous and general
21 Dissolution of existing bodies, etc.
1
The following bodies are dissolved by virtue of this subsection—
the General Nursing Council for England and Wales;
the General Nursing Council for Scotland;
the Central Midwives Board;
the Central Midwives Board for Scotland;
the Northern Ireland Council for Nurses and Midwives; and
the Council for the Education and Training of Health Visitors;
F2and the M1Health Visiting and Social Work (Training) Act 1962 (which established the last-mentioned Council and also another body not dissolved by this Act) has effect accordingly.
2
All those persons who at the passing of this Act hold office as members of—
the General Nursing Council for England and Wales;
the General Nursing Council for Scotland; or
the Northern Ireland Council for Nurses and Midwives,
shall continue in that office until the Council’s dissolution.
3
Part I of Schedule 5 to this Act has effect in connection with the transfer to the Central Council and the National Boards of the staff, property, rights and liabilities of the bodies mentioned in subsection (1); and Part II of that Schedule has effect with respect to the disposal of disciplinary proceedings begun before subsection (1) comes into force.
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22 Central Council rules.
1
The Council may make rules for the purpose of giving effect to this Act, and in particular with respect to anything which by this Act is required or authorised to be determined by rules.
2
Rules under this Act may make different provision in relation to England, Wales, Scotland and Northern Ireland respectively.
3
Before making any rules under this Act, the Council shall consult—
a
representatives of any group of persons who appear likely to be affected by the proposed rules; and
b
the National Boards for the parts of the United Kingdom to which the proposed rules are to extend.
F53A
Subsection (3)(b) shall not require the Council to consult a National Board if the proposed rules do not appear to the Council to be relevant to the Board’s functions.
4
Rules under section 12 shall not come into force until approved by order by the Lord Chancellor and, in the case of rules which apply to proceedings in Scotland, the Lord Advocate; otherwise, rules come into force only when approved by the Secretary of State by order.
F622A Community documents.
A registered nurse or midwife who—
a
wishes to practice as a nurse or midwife in any F7EEA State, and
b
requires for that purpose any such documentary evidence relating to his qualification as is referred to in the Nursing Directive or, as the case may be, the Midwifery Directive
may apply to the Council for, and the Council shall provide, the necessary documents.
22B Visiting EEC nurses and midwives.
1
a
is a national of F9any EEA State, and
b
is lawfully practising in F9an EEA State other than the United Kingdom as a nurse responsible for general care or, as the case may be, as a midwife, and
c
holds the appropriate diploma, and
d
is temporarily in the United Kingdom as a visitor, and
e
provides the Council with the relevant documents.
F101A
Any person who—
a
is not a national of an EEA State, but
b
is, by virtue of a right conferred by 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) above as if he were such a national.
2
A visiting F11EEA nurse and a visiting F11EEA 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 17(3)(a).
3
For the purposes of this Act “the appropriate diploma” means a diploma, certificate or other evidence of formal qualifications which F12EEA States are required to recognize in the case of a nurse, by the Nursing Directive or, in the case of a midwife, by the Midwifery Directive.
4
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 F12EEA 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.
F135
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 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, Council Directive No.81/1057/EECM3, the Accession of Spain and Portugal Act, Council Directives Nos.89/594/EECM4, 89/595/EECM5and 90/658/EECM6, the EEA Agreement and the Accession of Austria, Finland and Sweden Act;
’Midwifery Directive’ means 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 Council Directive No.80/1273/EECM7, 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 11(5).
6
For the purposes of this section—
’the Accession of Greece Act’ means the Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979 M8;
’the Accession of Spain and Portugal Act’ means the 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 M9;
’the Accession of Austria, Finland and Sweden Act’ means the 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 M10, as adjusted by the 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 M11.
F123 Interpretation and supplementary.
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C14
The enactments specified in Schedule 7 are amended as there specified
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24 Citation, etc.
1
This Act may be cited as the Nurses, Midwives and Health Visitors Act 1979.
C22
This Act, except section 21(2) and this section (which shall come into force on the passing of this Act), shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions of this Act.
3
This Act extends to Northern Ireland.