Nurses, Midwives and Health Visitors Act 1979

Section 23(3).

SCHEDULE 6 U.K. Adaptations for Northern Ireland and its National Board

1 U.K. In sections, 5, [F1 6,]19, 20, 22 and 23, and Schedules F2 . . . 3 and F3 . . ., 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.

Textual Amendments

F1 Word in Sch. 6 para. 1 substituted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(2); S.I. 1993/588, art.2

F2 Word in Sch. 6 para. 1 repealed (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(2), Sch. 3; S.I. 1993/588, art.2

F3 Word in Sch. 6 para. 1 deleted (29. 3. 1993) by S.R. 1993/67, regs. 1, 2, Sch. para. 8(c)

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 [F4 5(8)(e) and (f)] and 20(5) and (6) F5 . . ..	The Secretary of State.	The Head of the Department of Health and Social Services for Northern Ireland.
Sections [F4 6(1)(da),] 19(1), (3) and (4) and 20(1) and (2) F5 . . ..	The Secretary of State.	The Department of Health and Social Services for Northern Ireland.
F5 . . .	F5 . . .	F5 . . .
[F4 Sections 5(8)(e) and] 20(1)(b).	The Treasury.	The Department of Finance for Northern Ireland.
Section 20.	The Comptroller and Auditor General.	The Comptroller and Auditor General for Northern Ireland.
Section [F4 20(6)].	Each House of Parliament.	The Northern Ireland Assembly.
Section 22(4) and Schedule 3, paragraph 4.	The Lord Chancellor.	The Lord Chief Justice of Northern Ireland.
F5 . . .	F5 . . .	F5 . . .
F6 . . .	F6 . . .	F6 . . .
F6 . . .	F6 . . .	F6 . . .

Textual Amendments

F4 Words in Sch. 6 para. 2 Table substituted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(3)(a)-(d); S.I. 1993/588, art.2

F5 Words and entries in Sch. 6 para. 2 Table repealed (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(2), Sch. 3; S.I. 1993/588, art.2

F6 Sch. 6 para. 2; entries relating to Sch. 4 para. 3 deleted (29. 3. 1993) by S.R. 1993/67, regs. 1, 2, Sch. para. 8(d)

[F7 2A U.K. In section 5, for subsections (2) to (7) 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 (6)(a) to be the chief executive officer of the Board; and

(d) any person for the time being appointed in pursuance of subsection (6)(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) 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.

(7) 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.”]

Textual Amendments

F7 Sch. 6 para. 2A inserted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(4); S.I. 1993/588, art.2

3 U.K. In section 23(1)—

(a) in the definition of “by order”, at the end add the words “or in the case of an order under section [F8 5 or 6] made by the Department of Health and Social Services for Northern Ireland or an order under section 22(4) or paragraph 4 of Schedule 3 made by the Lord Chief Justice of Northern Ireland means by order made by statutory rule for the purposes of the [F9 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”.

Textual Amendments

F8 Words in Sch. 6 para. 3(a) substituted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(5); S.I. 1993/588, art.2

F9 Sch. 6 para. 3(a): words substituted by S.I. 1979/1573 (N.I. 12), Sch. 4 para. 28

Modifications etc. (not altering text)

C1 It is provided by S.I. 1979/1573 (N.I. 12), Sch. 4 para. 28, that in s. 23(1), as modified by s. 23(3) and Sch. 6 paras. 1 and 3(a), “Statutory Rules (Northern Ireland) Order 1979” is substituted for “Statutory Rules Act (Northern Ireland) 1958”

4 U.K. In section 23(2) at the end add—

“(c) orders made by the Department of Health and Social Services for Northern Ireland under section [F10 5 or 6];

and the orders mentioned in paragraph (c) 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. ”.

Textual Amendments

F10 Words in Sch. 6 para. 4 substituted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(6); S.I. 1993/588, art.2

5 U.K. In paragraph 1 of Schedule 3, for “in England and Wales” substitute “in Northern Ireland” and for paragraph 1(c) substitute—

“(c) section 67 of the 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.”

Section 23(3).

SCHEDULE 6 U.K. Adaptations for Northern Ireland and its National Board

1 U.K. In sections, 5, [F1 6,]19, 20, 22 and 23, and Schedules F2 . . . 3 and F3 . . ., 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.

Textual Amendments

F1 Word in Sch. 6 para. 1 substituted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(2); S.I. 1993/588, art.2

F2 Word in Sch. 6 para. 1 repealed (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(2), Sch. 3; S.I. 1993/588, art.2

F3 Word in Sch. 6 para. 1 deleted (29. 3. 1993) by S.R. 1993/67, regs. 1, 2, Sch. para. 8(c)

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 [F4 5(8)(e) and (f)] and 20(5) and (6) F5 . . ..	The Secretary of State.	The Head of the Department of Health and Social Services for Northern Ireland.
Sections [F4 6(1)(da),] 19(1), (3) and (4) and 20(1) and (2) F5 . . ..	The Secretary of State.	The Department of Health and Social Services for Northern Ireland.
F5 . . .	F5 . . .	F5 . . .
[F4 Sections 5(8)(e) and] 20(1)(b).	The Treasury.	The Department of Finance for Northern Ireland.
Section 20.	The Comptroller and Auditor General.	The Comptroller and Auditor General for Northern Ireland.
Section [F4 20(6)].	Each House of Parliament.	The Northern Ireland Assembly.
Section 22(4) and Schedule 3, paragraph 4.	The Lord Chancellor.	The Lord Chief Justice of Northern Ireland.
F5 . . .	F5 . . .	F5 . . .
F6 . . .	F6 . . .	F6 . . .
F6 . . .	F6 . . .	F6 . . .

Textual Amendments

F4 Words in Sch. 6 para. 2 Table substituted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(3)(a)-(d); S.I. 1993/588, art.2

F5 Words and entries in Sch. 6 para. 2 Table repealed (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(2), Sch. 3; S.I. 1993/588, art.2

F6 Sch. 6 para. 2; entries relating to Sch. 4 para. 3 deleted (29. 3. 1993) by S.R. 1993/67, regs. 1, 2, Sch. para. 8(d)

3 U.K. In section 23(1)—

(a) in the definition of “by order”, at the end add the words “or in the case of an order under section [F8 5 or 6] made by the Department of Health and Social Services for Northern Ireland or an order under section 22(4) or paragraph 4 of Schedule 3 made by the Lord Chief Justice of Northern Ireland means by order made by statutory rule for the purposes of the [F9 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”.

Textual Amendments

F8 Words in Sch. 6 para. 3(a) substituted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(5); S.I. 1993/588, art.2

F9 Sch. 6 para. 3(a): words substituted by S.I. 1979/1573 (N.I. 12), Sch. 4 para. 28

Modifications etc. (not altering text)

C1 It is provided by S.I. 1979/1573 (N.I. 12), Sch. 4 para. 28, that in s. 23(1), as modified by s. 23(3) and Sch. 6 paras. 1 and 3(a), “Statutory Rules (Northern Ireland) Order 1979” is substituted for “Statutory Rules Act (Northern Ireland) 1958”

4 U.K. In section 23(2) at the end add—

“(c) orders made by the Department of Health and Social Services for Northern Ireland under section [F10 5 or 6];

and the orders mentioned in paragraph (c) 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. ”.

Textual Amendments

F10 Words in Sch. 6 para. 4 substituted (1. 4. 1993) by Nurses, Midwives and Health Visitors Act 1992 (c. 16), s. 16(1), Sch. 2 para. 9(6); S.I. 1993/588, art.2

5 U.K. In paragraph 1 of Schedule 3, for “in England and Wales” substitute “in Northern Ireland” and for paragraph 1(c) substitute—

“(c) section 67 of the 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.”