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Nurses, Midwives and Health Visitors Act 1997

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This is the original version (as it was originally enacted).

The National Boards and their relationship to the Central Council

5Constitution of National Boards

(1)England, Wales, Scotland and Northern Ireland shall each continue to have a National Board for Nursing, Midwifery and Health Visiting, and the Boards shall be corporate bodies.

(2)A National Board shall consist of—

(a)a chairman appointed by the Secretary of State from among persons who are registered nurses, midwives or health visitors;

(b)such number of other members appointed by the Secretary of State as he may specify by order;

(c)the person for the time being appointed in pursuance of subsection (7)(a) to be the chief executive officer of the Board; and

(d)any person for the time being appointed in pursuance of subsection (7)(b) to an office under the Board which is specified for the purposes of this paragraph by the Secretary of State by order.

(3)Appointments to a National 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 Secretary of State, will be of value to the Board in the performance of its functions.

(4)The Secretary of State shall so exercise his powers under this section as to secure in relation to a National Board that a majority of the members of the Board are registered nurses, midwives or health visitors.

(5)The Secretary of State may, with the consent of the Treasury—

(a)pay such remuneration as he thinks fit to any person who is a member of a National Board by virtue of appointment by the Secretary of State; and

(b)make such provision as he thinks fit for the payment to or in respect of any such person of pensions, allowances or gratuities.

(6)A National Board may pay to its chairman and members and to other persons appointed to serve on its standing and other committees, such travelling and other allowances as the Secretary of State may determine with the approval of the Treasury.

(7)A National Board shall have—

(a)a chief executive officer, and

(b)such other officers as the Secretary of State may by order specify for the purposes of this paragraph,

appointed by the Board.

(8)The Secretary of State may by order make such further provision with respect to the constitution and administration of a National Board as he thinks fit.

(9)Without prejudice to the generality of subsection (8), provision under that subsection may include provision—

(a)with respect to qualification for membership;

(b)for the appointment of a deputy chairman and with respect to his powers;

(c)with respect to the tenure of office of the chairman, deputy chairman and other members;

(d)with respect to the appointment of officers;

(e)requiring payments to employees, and provision for the payment of pensions, allowances or gratuities to or in respect of them, to be such as the Secretary of State may, with the consent of the Treasury, approve;

(f)requiring powers with respect to the employment of staff to be exercised in accordance with written directions of the Secretary of State;

(g)with respect to procedure, including the constitution of committees;

(h)authorising the appointment of persons who are not Board members to committees of the Board.

(10)Orders under subsection (8) may include provision with respect to proof of documents.

(11)Orders under this section may make different provision in relation to different Boards.

6Functions of Boards

(1)The National Boards shall in England, Wales, Scotland and Northern Ireland respectively—

(a)approve institutions in relation to the provision of—

(i)courses of training with a view to enabling persons to qualify for registration as nurses, midwives or health visitors or for the recording of additional qualifications in the register; and

(ii)courses of further training for those already registered;

(b)ensure that such courses meet the requirements of the Central Council as to their kind, content and standard;

(c)hold, or arrange for others to hold, such examinations as are necessary to enable persons to satisfy requirements for registration or to obtain additional qualifications;

(d)collaborate with the Council in the promotion of improved training methods; and

(e)perform such other functions relating to nurses, midwives or health visitors as the Secretary of State may by order prescribe.

(2)The National Boards shall discharge their functions subject to and in accordance with any applicable rules of the Council and shall take account of any difference in the considerations applying to the different professions.

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