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SCHEDULE 1U.K.THE NURSING AND MIDWIFERY COUNCIL AND COMMITTEES

Modifications etc. (not altering text)

PART IU.K.THE NURSING AND MIDWIFERY COUNCIL

MembershipU.K.

1.—(1) The Council shall consist of—

(a)12 members who are appointed by the Council on being elected under the election scheme made under paragraph 2 (referred to in this Order as “registrant members”);

(b)11 members who are appointed by the Privy Council (referred to in this Order as “lay members”);

(c)[F1subject to sub-paragraph (2A),] 12 members appointed by the Council on being elected under the election scheme made under paragraph 2 (referred to in this Order as “alternate members”).

(2) [F2Subject to sub-paragraph (2A),] the Council shall appoint an alternate member for each registrant member.

[F3(2A) The Council need not appoint an alternate member for a particular registrant member, where to do so would require it to hold a by-election, and in these circumstances there shall be no alternate member for that registrant member (and the number of alternate members of the Council shall be reduced accordingly) unless or until an election (including a by-election) needs to be held to replace that registrant member.]

(3) An alternate member shall have the same functions as a registrant member but he may attend a Council meeting in his capacity as an alternate member and vote, only if his corresponding registrant member is unable to do so.

(4) The Council shall appoint an elected candidate to be a registrant member or alternate member in accordance with criteria set out in the election scheme made under paragraph 2.

Textual Amendments

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

2.—(1) The Council shall provide in rules for an election scheme to elect the registrant members and alternate members and may provide in the rules for by-elections.

(2) The election scheme shall provide that—

(a)a person seeking election—

(i)is registered in the part of the register for which he seeks election but no person may be elected for more than one part of the register at a time,

(ii)in respect of a national constituency, lives or works wholly or mainly in that national constituency,

(iii)is not the subject of any allegation, investigation or proceedings concerning his fitness to practise, and

(iv)is wholly or mainly engaged in the practice, teaching or management of the profession in respect of which he is registered and seeks election or in research in those fields;

(b)[F4subject to paragraph 1(2A),] at least one registrant member and one alternate member shall be appointed from each part of the register and the number of members from each part shall be equal;

(c)at least one member shall be elected from each of the national constituencies for each part of the register;

(d)a person may only vote—

(i)in respect of one part of the register,

(ii)for candidates who represent a part of the register in which he is registered at the time of the election, and

(iii)for a candidate seeking election for the constituency in which he wholly or mainly lives or works or, if he does not wholly or mainly live or work in any constituency, the constituency he has selected F5...;

(e)a person may vote even if he lives or works outside the United Kingdom;

(f)where someone ceases to be a registrant member or alternate member a replacement shall, subject to [F6paragraphs 1(2A) and 7(3)], be appointed by the Council.

(3) The Council shall provide such information and advice for voters and candidates about the purpose and conduct of the elections as it considers appropriate.

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 18.7.2005 as notified in the London Gazette (Issue 57697, published 8.7.2005), see art. 1(2)(3)

3.  Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or the register kept under the 1997 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I3Sch. 1 para. 3 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

4.  Of the members appointed by the Privy Council, there shall be at least one appointed from each country of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I4Sch. 1 para. 4 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

5.  On a proposal from the Council or otherwise, the Privy Council may by order vary the size or composition of the Council, provided that—

(a)the number of registrant members constitutes no less than half the total number of members and the number of registrant members does not exceed the number of lay members by more than one;

(b)the members live or work wholly or mainly in the United Kingdom;

(c)there is at least one registrant member and one alternate member from each part of the register, and the number of registrant and alternate members from each part is equal;

(d)the registrant and alternate members appointed in respect of each part of the register include at least one member appointed from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned;

(e)the members who are not registered professionals include at least one member appointed from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I5Sch. 1 para. 5 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

6.  Where a member appointed by the Privy Council ceases to be a member, the Council shall inform the Privy Council and, subject to paragraph 7(3), the Privy Council shall replace him.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I6Sch. 1 para. 6 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

7.—(1) Where a member does not complete his term of office, his successor shall be appointed for the remainder of the unexpired term—

(a)in the case of registrant and alternate members, by the Council; and

(b)in the case of lay members, by the Privy Council.

(2) In this paragraph “the unexpired term” means the period beginning with the date on which the member ceased to be a member and ending with the date on which his full term of office would have expired.

(3) If the unexpired term is less than twelve months, the vacancy need not be filled.

(4) In the case of a registrant member or alternate member, the person appointed for the unexpired term shall be registered in the same part of the register and live or work wholly or mainly in the same country of the United Kingdom as the member he is to replace.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I7Sch. 1 para. 7 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

Tenure of membersU.K.

8.—(1) [F7Subject to sub-paragraphs (1A) and (1B),] each member’s term of office will be for a period of 4 years.

[F8(1A) The term of office of any registrant or alternate member who holds office on 31st July 2008 shall expire at the end of 31st July 2010 or on the coming into force of the first order of the Privy Council under article 3(7A), whichever is the sooner.

(1B) The full term of office of any registrant or alternate member who ceases to be a member before 31st July 2008 and whose vacancy remains unfilled at the end of 31st July 2008 shall, for the purposes of paragraph 7(2), be treated as if it would have expired at the end of 31st July 2010 or on the coming into force of the first order of the Privy Council under article 3(7A), whichever is the sooner.]

(2) A person shall be removed from office as a Council member if—

(a)there is a change in his qualifications, interests or experience such that it appears to the Privy Council that he will no longer contribute to the Council’s exercise of its functions in such a manner as justifies his continued membership.

(b)he ceases to live or work wholly or mainly in the United Kingdom or, if he has been appointed—

(i)in the case of a registrant or alternate member, as a member in respect of one of the national constituencies, or

(ii)in the case of a lay member, as a member in respect of one of the countries of the United Kingdom,

in that national constituency or country;

(c)he ceases to be registered in the part of the register in respect of which he was appointed;

(d)he ceases to be wholly or mainly engaged in the practice, teaching or management of the profession for which he is registered and in respect of which he was appointed or in the research mentioned in paragraph 2(2)(a)(iv);

(e)an order has been made against him by a Practice Committee;

(f)he is removed by a majority of at least two-thirds of the other members of the Council because of a serious and persistent deficiency in his attendance at meetings or in his conduct or performance at meetings;

(g)such other circumstances as may be provided for by the Council in standing orders occur.

Textual Amendments

Commencement Information

I8Sch. 1 para. 8(1) in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I9Sch. 1 para. 8(2) in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

9.  A member may resign at any time by notice in writing addressed to the Registrar.

Commencement Information

I10Sch. 1 para. 9 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

10.  No member may be appointed for more than three consecutive terms.

Commencement Information

I11Sch. 1 para. 10 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

The PresidentU.K.

11.—(1) The members of the Council shall elect a President from among themselves for a term of four years.

(2) The President shall hold office until whichever of the following first occurs—

(a)he resigns as President;

(b)he ceases to be a member of the Council;

(c)he is removed by a majority vote of the other members of the Council.

(3) A person shall not be prevented from being elected President merely because he has previously been President.

(4) The President may resign the office of President at any time by notice in writing addressed to the Registrar.

Commencement Information

I12Sch. 1 para. 11 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

Procedure etc. of Council and committeesU.K.

12.—(1) Subject to any provision made by or under this Order and, subject to paragraph 16, the Council shall make standing orders in respect of the Council, its committees and sub-committees, but not in respect of any of the Practice Committees, to provide for—

(a)the quorum at meetings, which shall in the case of meetings of the Council include at least one member appointed from each country of the United Kingdom who shall live or work wholly or mainly in the country in respect of which he is appointed;

(b)the procedure at meetings;

(c)establishing standards for the education and training, attendance and performance of members;

(d)the composition of any of its committees and sub-committees;

(e)the chairman of each of its committees to be a Council member;

(f)the procedure by which a person is removed from office under paragraph 8(2);

(g)the functions of its officers; and

(h)circumstances in which meetings are to be in private.

Commencement Information

I13Sch. 1 para. 12 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

13.—(1) In appointing non-Council members to any committee set up under article 3(12) the Council shall have regard, where appropriate and subject to the other provisions of this Order, to the guidance issued by the Commissioner for Public Appointments.

(2) The Council shall ensure that such members of the committee who are not Council members shall have such qualifications, interests or experience as, in the opinion of the Council, are relevant to the field with which the committee is mainly concerned.

(3) The Council shall—

(a)establish and maintain a system for the declaration and registration of private interests of its members and other members of its committees and sub-committees; and

(b)publish entries recorded in the register of members' interests.

Commencement Information

I14Sch. 1 para. 13 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

14.—(1) Decisions of the Council and committees shall be made by a majority vote of the members present and voting.

(2) In the event of a tie the Chairman shall have an additional casting vote.

F9(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This paragraph does not apply to the [F10Practice Committees] or to decisions of the Council under article 37.

Textual Amendments

Commencement Information

I15Sch. 1 para. 14 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Powers of the CouncilU.K.

15.—(1) Subject to any provision made by or under this Order, the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2) The Council shall, in particular, have power—

(a)to borrow;

(b)to appoint such staff as it may determine;

(c)to pay its staff such salaries, allowances and expenses as it may determine;

(d)to make such provision for the payment of such pensions, allowances or gratuities, or such contributions or payments towards provision for such pensions, allowances or gratuities, to or in respect of its staff as it may determine;

(e)to make such provision in respect of its members and members of its committees and sub-committees as it may determine—

(i)for the payment of fees and allowances, including the payment of allowances to employers of such members for the purposes of enabling the members to perform functions under this Order;

(ii)for the reimbursement of such expenses as the members may reasonably have incurred in the course of carrying out their functions under this Order;

(f)to establish such sub-committees of any of its committees as it may determine;

(g)subject to any provision made by or under this Order, to regulate the procedure of any of its committees or their sub-committees;

(h)to abolish any of its committees, other than a statutory committee, or any sub-committee of any of its committees.

(3) The Council may not employ any member of the Council or its committees or sub-committees.

(4) If it appears to the Council that any statutory committee is failing to perform its functions adequately, the Council may give a direction as to the proper performance of those functions.

(5) Where the Council, having given a direction under sub-paragraph (4), is satisfied that the committee has failed to comply with the direction, it may exercise any power of that committee or do any act or other thing authorised to be done by that committee.

(6) The powers of the Council may be exercised even though there is a vacancy among its members.

(7) No proceedings of the Council shall be invalidated by any defect in the election or appointment of a member.

(8) No person who is a member of the Council or any of its committees or sub-committees by virtue of his membership of any profession, may take part in any proceedings of the Council in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.

Commencement Information

I16Sch. 1 para. 15 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Privy Council functionsU.K.

F1115A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments