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
S. 24(4): Transfer of certain functions (15.6.2000) by S.I. 2000/1563, arts. 3, 9, Sch.
O.J. No. L257.
O.J. No. L176.
O.J. No. L385.
O.J. No. L341.
O.J. No. L353.
O.J. No. L33.
O.J. No. L375.
O.J. No. L291.
O.J. No. L302.
O.J. No. C241.
O.J. No. L1.
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.
Rules under this Act may make different provision in relation to England, Wales, Scotland and Northern Ireland respectively.
Before making any rules under this Act, the Council shall consult—
representatives of any group of persons who appear likely to be affected by the proposed rules; and
the National Boards for the parts of the United Kingdom to which the proposed rules are to extend.
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.
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.
A registered nurse or midwife who—
wishes to practise as a nurse or midwife in any EEA State, and
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.
In this Act “
is a national of any EEA State;
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;
holds the appropriate diploma;
is temporarily in the United Kingdom as a visitor; and
provides the Council with the relevant documents.
Any person who—
is not a national of an EEA State, but
is, by virtue of a right conferred by
shall be treated for the purposes of subsection (1) as if he were such a national.
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).
For the purposes of this Act “
For the purposes of this Act “
a written declaration stating—
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
the address of the place where and the period during which he intends so to practise; and
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—
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
that he holds an appropriate diploma.
For the purposes of this Act—
“
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and “
For the purposes of this section—
“
“
“
In this Act—
“
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“
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and for a person to be treated as “
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.
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.
The enactments mentioned in Schedule 4 to this Act shall be amended in accordance with that Schedule.
Schedule 5 to this Act which contains transitional provisions and savings has effect.
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.
This Act may be cited as the Nurses, Midwives and Health Visitors Act 1997.
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.
Section 5(6) shall cease to have effect from such day as the Secretary of State may appoint by order.
Different days may be appointed under subsection (3) or (4) in relation to different purposes.
This Act extends to Northern Ireland.