Nurses, Midwives and Health Visitors Act 1997 (repealed) (c. 24)

Miscellaneous and generalF1 U.K.

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F1 Act repealed (prosp.) 1999 c. 8, ss. 60(3), 65(2), 67(1), Sch. 5, the repeal being brought into force as follows: 11.5.2001, to the extent that s. 10(5) and Sch. 1 para.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to the extent that ss. 1-8, 10, 11, 14, 15, 17-20, 22 (in part), 24 (in part), Schs. 1-3 and Sch. 4 paras. 1, 2 are repealed, by S.I. 2002/1167, arts. 3(a), 5 (with transitional provisions and savings in S.I. 2002/253, arts. 1(3), 54, sch. 2 (with art. 3(18)) (coming into force in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

19 Central Council rules. U.K.

(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.

(4) 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.

(5) Rules under section 10 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.

Modifications etc. (not altering text)

C1 S. 19(5): transfer of functions (W.)(1.7.1999) by S.I. 1999/672, arts. 1(2), 2 Sch. 1

S. 19(5) modified (1.7.1999) by S.I. 1999/672, arts. 1(2), 5, Sch. 2

S. 19(5): functions of the Lord Advocate transferred (S.)(19.5.1999) to the Secretary of State, and all property, rights and liabilities of the Lord Advocate in connection with such functions transferred to the Secretary of State for Scotland by S.I. 1999/678, arts. 2(1), 3, Sch. (with art. 7)

S. 19(5): transfer of certain functions (S.)(1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1

20 Community documents. U.K.

A registered nurse or midwife who—

(a) wishes to practise as a nurse or midwife in any EEA 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.

Modifications etc. (not altering text)

C2 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)

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 M1 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 M2 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, M3 Council Directive No. 81/1057/EEC, the Accession of Spain and Portugal Act, M4 Council Directives Nos. 89/594/EEC, 89/595/EEC and 90/658/EEC, the M5 EEA Agreement and the Accession of Austria, Finland and Sweden Act; and

• “Midwifery Directive” means M6 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 M7 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 M8 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 M9 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 M10 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 M11 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)

C3 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)

Marginal Citations

M1 O.J. No. L257.

M2 O.J. No. L176.

M3 O.J. No. L385.

M4 O.J. No. L341.

M5 O.J. No. L353.

M6 O.J. No. L33.

M7 O.J. No. L375.

M8 O.J. No. L291.

M9 O.J. No. L302.

M10 O.J. No. C241.

M11 O.J. No. L1.

22 Interpretation and supplementary. U.K.

(1) In this Act—

• “by order” means by order in a statutory instrument;

• “the Central Council” and “the Council” mean the body mentioned in section 1(1);

• “elected members” and “electoral scheme” have the meaning given by section 1(3);

• “the National Boards” and “the Boards” mean the bodies mentioned in section 5(1);

• “prescribed” means prescribed by the Secretary of State by order;

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

• “rules” means rules made by the Council;

• “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.

(2) Orders under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament; but this does not apply to orders under section 19(5) or 24(3) or (4) or under Schedule 2.

(3) Schedule 3 to this Act has effect for adapting the provisions of this Act there mentioned in their application to Northern Ireland and to the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland.

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.

(2) Subject to subsection (3) below, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3) Until such day as the Secretary of State may by order appoint, section 6(1)(a) shall apply to Northern Ireland with the substitution for the words preceding sub-paragraph (i) of the words “ provide, or arrange for others to provide, at institutions approved by the Board ”.

(4) Section 5(6) shall cease to have effect from such day as the Secretary of State may appoint by order.

(5) Different days may be appointed under subsection (3) or (4) in relation to different purposes.

(6) This Act extends to Northern Ireland.

Modifications etc. (not altering text)

C4 S. 24(4): Transfer of certain functions (15.6.2000) by S.I. 2000/1563, arts. 3, 9, Sch.