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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 2002 No. 386 URL: http://www.bailii.org/nie/legis/num_reg/2002/20020386.html |
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| Made | 12th December 2002 | ||
| Coming into operation | 27th January 2003 |
| 1. | Citation, commencement and interpretation |
| 2. | Appointments |
| 3. | Terms of Appointment |
| 4. | Disqualification of appointment |
| 5. | Resignations |
| 6. | Termination by the Department of tenure of office of chairman and members |
| 7. | Appointment of deputy chairman |
| 8. | Appointment of committees and sub-committees |
| 9. | Meetings and proceedings |
| 10. | Disclosure of pecuniary interest and exclusion of chairman and members in proceedings on account of pecuniary interest |
| SCHEDULE- | Provisions as to meetings and proceedings of the Council |
Appointments
2.
- (1) The Council shall consist of-
(2) The Council shall consist of 60% of non-executive members who are registered under Article 5 of the Nursing and Midwifery Order 2001[2].
(3) The Council shall consist of 40% of non-executive members who are not registered under Article 5 of the Nursing and Midwifery Order 2001 or were not registered under section 7 of the Nurses, Midwives and Health Visitors Act 1997[3].
Terms of Appointment
3.
- (1) The chairman shall be appointed for a period not exceeding 4 years.
(2) The members shall be appointed for a period not exceeding 4 years.
(3) Members may be appointed for periods of different duration.
(4) The period of appointment of the chairman and of any particular member shall be determined by the Department.
(5) Subject to Regulation 4 the chairman or a member may, on the termination of the period of tenure of office, be eligible for re-appointment for such further period, not exceeding 4 years, as the Department may in any particular case determine.
(6) The Department may instead of re-appointing the chairman or a member on the expiration of their term of office, extend their appointment for such a further period as may appear reasonable in the particular circumstances; but the period by which the appointment is extended must not exceed 4 years.
Disqualification for appointment
4.
- (1) The following persons are disqualified for appointment as chairman or as a member of the Council-
(e) a person who is an employee of the Council, other than the chief executive of the Council;
(f) a person who has financial or related interests which prejudice the exercise of his duties;
(g) a person whose name has been removed from the register maintained under section 5 of the Nursing and Midwifery Order 2002, or the register previously maintained under section 7 of the Nurses, Midwives and Health Visitors Act 1997, or is currently suspended;
(h) a person whose registration as a health care professional has been withdrawn or is suspended;
(i) any person included in a list kept by the Secretary of State under section 1 of the Protection of Children Act 1999[4] (list of individuals considered unsuitable to work with children) or section 81 of the Care Standards Act 2000[5] (list of individuals considered unsuitable to work with vulnerable adults).
(2) For the purposes of paragraph 1(a)-
(3) Where a person is disqualified because he has been adjudged bankrupt, the disqualification shall cease-
(4) Where a person is disqualified because he made a composition or arrangement with his creditors, his disqualification shall cease-
(5) Subject to paragraph (6), a person who is disqualified under paragraph 1(c) may, after the expiry of 2 years beginning on the date on which he was dismissed, apply in writing to the Department to remove that disqualification and the Department may direct that that disqualification shall cease.
(6) Where the Department refuses an application to remove a disqualification, no further application may be made by that person until the expiration of the period of 2 years beginning with the date of the application and this paragraph shall apply to any subsequent application.
(7) Where a person is disqualified under paragraph 1(d) (certain chairmen and directors whose appointments have been terminated), the disqualification shall cease on the expiry of a period of two years or such longer period as the Department specifies, but the Department may on application being made to it by that person, reduce the period of disqualification.
(8) In paragraph 1(h) a "health care professional" means-
Resignations
5.
- (1) The chairman or a member may resign his office at any time during his term of office by giving not less than 30 days notice in writing to the Department of his intention to do so.
(2) A person who resigns as chairman may, if the Department consents, continue to serve as a member for any part of the period of his appointment, which remains when his resignation as chairman takes effect.
(3) A person who, on his resignation as chairman, seeks to continue to serve as a member shall inform the Department in writing of his wish to do so when he submits his resignation as chairman.
(4) A person who fails to comply with the requirement of paragraph (3) shall cease to be a member of the Council when his term of office as chairman terminates.
(5) In the case of a member who during his term of office is appointed chairman, the terms on which he was appointed a member shall cease to apply on the date which his appointment as chairman takes effect.
Termination of tenure of office of chairman and members
6.
- (1) The Department-
(b) may terminate the appointment of a person as chairman or as a member where the person-
(2) Paragraph (1)(a)(ii) shall not apply where the Department is satisfied that the person had good cause for not attending the meetings and that, once the circumstances which caused him to miss the meetings are removed, he can and will attend the meetings of the Council.
(3) Where the Department decides to terminate an appointment under paragraph (1), it shall forthwith give the person concerned notice in writing of the termination of his appointment and of the reasons for his decision.
(4) Where the Department is of the opinion that it is not in the interests of, or conducive to the good management, of the Council or any of its committees that the chairman or member should continue to hold office, it may forthwith terminate his appointment by giving him notice in writing to that effect.
(5) Where a person has been appointed chairman or a member and it comes to the notice of the Department that at the time of the appointment he was disqualified for appointment under regulation 4, it shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect; and upon receipt of such notification, his appointment shall be terminated and he shall cease to act as such chairman or member.
(6) A person who, after his appointment as chairman or as a member is adjudged bankrupt or makes a composition or arrangement with his creditors, shall give notice in writing of the fact to the Department.
Appointment of deputy chairman
7.
- (1) Subject to paragraph (2), the chairman and members of the Council may appoint one of their numbers to the deputy chairman for such period, not exceeding the remainder of his term of office as a member, as they may specify on appointing him.
(2) Any member so appointed may at any time resign from the office of deputy chairman by giving notice in writing to the chairman.
(3) Where the chairman is, for whatever reason, unable to perform his duties as chairman, the deputy chairman may perform those duties.
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
(5) Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only-
(6) Where the chairman or a member-
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
(7) This regulation applies to any committee or sub-committee of the Council as it applies to the Council and applies to any member of any such committee or sub-committee (whether or not he is also a member of the Council) as it applies to a member of the Council.
(8) In this regulation-
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
12th December 2002.
L.S.
David Bingham
Senior Officer of the Department of Health, Social Services and Public Safety
those members may forthwith call a meeting.
(3) Before each meeting of the Council, a notice of the meeting which-
shall be delivered to each member, or sent by post to his last known address, at least 7 clear days before the day of the meeting.
(4) The proceedings of any meeting shall not be invalidated by a failure to deliver such notice to any member.
(5) In the case of a meeting called under sub-paragraph (2) by members, those members shall sign the notice and no business other than that specified in the notice shall be transacted at the meeting.
3.
- (1) At any meeting of the Council the chairman or, in his absence, the deputy chairman (if there is one and he is present) shall preside.
(2) If the chairman and deputy chairman are both absent, such other member present as the other members present shall choose for the purpose shall preside.
4.
- (1) At any meeting of the Council the quorum shall be one third (rounded to a whole number, of the appointed members, including the chairman and chief executive).
(2) Where the Council is considering the appointment of a Chief Executive, the Council is not quorate unless the chairman is present.
5.
Every question at a meeting shall be determined by a majority of votes of the Council membership present and competent to vote on the question and, in the case of an equality of votes, the chairman or, in his absence, the person presiding at the meeting shall have a second vote.
6.
- (1) The minutes of the proceedings of a meeting shall be drawn up and shall be signed at the ensuing meeting by the person presiding at that next meeting.
(2) The names of the members present at a meeting shall be recorded in the minutes.
