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2004 No.1771

HEALTH CARE AND ASSOCIATED PROFESSIONS

NURSES AND MIDWIVES

The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004

  Made 9th July 2004 
  Laid before Parliament 9th July 2004 
  Coming into force 1st August 2004 

The Secretary of State for Health, in exercise of the powers conferred upon him by section 63 of the Health Act 1999[1], and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement
     1.  - (1) This Order may be cited as the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 and shall come into force on 1st August 2004.

    (2) The amendment to the Interpretation Act in paragraph 7 will come into force immediately after the coming into force of paragraph 7 of Schedule 5 to the Nursing and Midwifery Order.

Extent
    
2. The extent of any amendment of any enactment or instrument in the Schedule to this Order is the same as that of the enactment or instrument amended.

Consequential amendments
    
3. The enactments specified in the Schedule to this Order are amended as there specified.



Signed by authority of the Secretary of State for Health


John Hutton
Minister of State, Department of Health

9th July 2004



SCHEDULE
Article 3


CONSEQUENTIAL AMENDMENTS TO PRIMARY AND SECONDARY LEGISLATION




PART 1

CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION

National Health Service Reform and Health Care Professions Act 2002
     1. In section 29 of the National Health Service Reform and Health Care Professions Act 2002[
2] (reference of disciplinary cases by Council to court) - 

Care Standards Act 2000
     2. In the Care Standards Act 2000[4] - 

Employment Rights Act 1996
     3. In section 55 of the Employment Rights Act 1996[5] (right to time off for ante-natal care), after subsection (4), add - 

Children Act 1989
     4. In the Children Act 1989[6] - 

Police and Criminal Evidence (Northern Ireland) Order 1989
     5. In Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989[7] (interpretation of Part VI), in the definition of "registered health care professional", for paragraph (a), substitute - 

National Health Service (Scotland) Act 1978
     6. In section 27 of the National Health Service (Scotland) Act 1978[8] (arrangements for provision of pharmaceutical services), in subsection (1A)  - 

Interpretation Act 1978
     7. In Schedule 1 to the Interpretation Act 1978[9] (words and expressions defined), in the definition of "registered" in relation to nurses and midwives, for "Nurses and Midwives Order 2001" substitute "Nursing and Midwifery Order 2001".

National Health Service Act 1977
     8. In section 41 of the National Health Service Act 1977[10] (arrangements for pharmaceutical services), in subsection (3) - 

Race Relations Act 1976
     9. In the Race Relations Act 1976[11], in Part 2 of Schedule 1A (bodies and other persons added after commencement of general statutory duty), omit the entries for the English National Board for Nursing, Midwifery and Health Visiting and the Welsh National Board for Nursing, Midwifery and Health Visiting.

Medicines Act 1968
     10. In the Medicines Act 1968[12] - 



PART 2

CONSEQUENTIAL AMENDMENTS TO SECONDARY LEGISLATION

European Parliamentary Elections (Northern Ireland) Regulations 2004
     11. In the European Parliamentary Elections (Northern Ireland) Regulations 2004[
13], in Schedule 2 (absent voters), in Part 1 (applications), in paragraph 4(2)(b), omit the words "within the meaning of section 7(7) of the Nurses, Midwives and Health Visitors Act 1997".

European Parliamentary Elections Regulations 2004
     12. In the European Parliamentary Elections Regulations 2004[14], in Schedule 2 (absent voting), in Part 2 (applications), for paragraph 16(2)(b),substitute - 

Community Health Councils Regulations 2004
     13. In the Community Health Councils Regulations 2004[15], in regulation 9 (disqualification for membership), for paragraph (1)(e)(v) substitute - 

Nurses Agencies (Wales) Regulations 2003
     14. In the Nurses Agencies (Wales) Regulations 2003[16], in regulation 2 (interpretation), in paragraph (1), for the definition of "nurse" ("nyrs"), substitute - 

Medicines (Child Safety) Regulations 2003
     15. In the Medicines (Child Safety) Regulations 2003[17], in regulation 1 (citation, commencement and interpretation), in paragraph (2) - 

National Assembly for Wales (Representation of the People) Order 2003
     16. In the National Assembly for Wales (Representation of the People) Order 2003[18] in Schedule 2 (absent voting at Assembly elections), in paragraph 2 , for sub-paragraph (2)(b), substitute - 

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
     17. In the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003[19], in Schedule 4 (excepted professions, offices, employments and occupations), in Part I (professions) for paragraph 6 substitute - 

Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003
     18. In the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003[20], in article 7 (student nurses), in paragraph (1) for "on any of Parts 1 to 8, 10 and 12 to 15 of the Register maintained under section 7 of the Nurses, Midwives and Health Visitors Act 1997", substitute "in the Nurses' or Midwives' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001".

Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2003
     19. In the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2003[21] - 

Nurses Agencies Regulations 2002
     20. In the Nurses Agencies Regulations 2002[22], in regulation 2 (interpretation), in paragraph (1), for the definition of "nurse", substitute - 

European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002
     21. In the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002[23], in Schedule 2 (regulated professions), in Part 1 (professions regulated by law or public authority), in the column headed "Profession" for the words "Nurse admitted to" to "Part 7 - Second level nurse (Scotland and Northern Ireland)", substitute "Nurse admitted to Sub-Part 2 of the Nurses' Part of the register".

Scottish Parliament (Elections etc) Order 2002
     22. In the Scottish Parliament (Elections etc) Order 2002[24], in Schedule 3 (absent voting), in paragraph 2 (additional requirements for applications on grounds of physical incapacity), for sub-paragraph (2)(b), substitute - 

Private and Voluntary Health Care (Wales) Regulations 2002
     23. In the Private and Voluntary Health Care (Wales) Regulations 2002[25], in regulation 2 (interpretation), in paragraph (1), in the definition of "midwife" ("bydwraig") for "section 14(1)(b) of the Nurses, Midwives and Health Visitors Act 1997", substitute "article 42 of the Nursing and Midwifery Order 2001".

Misuse of Drugs Regulations 2001
     24. In the Misuse of Drugs Regulations 2001[26] - 

Private and Voluntary Health Care (England) Regulations 2001
     25. In the Private and Voluntary Health Care (England) Regulations 2001[28], in regulation 2 (interpretation) in the definition of "midwife" for "section 14(1)(b) of the Nurses, Midwives and Health Visitors Act 1997", substitute "article 42 of the Nursing and Midwifery Order 2001".

National Care Standards Commission (Registration) Regulations 2001
     26. In the National Care Standards Commission (Registration) Regulations 2001[29], in regulation 2 (interpretation), in paragraph (1), for the definition of "nurse" substitute - 

Northern Ireland Assembly (Elections) Order 2001
     27. In the Representation of the People (Northern Ireland) Regulations 2001[30], in regulation 55 (additional requirements for applications in respect of a particular election), in paragraph (4)(b) and (6)(d), in head (ii) omit the words "within the meaning of section 7(7) of the Nurses, Midwives and Health Visitors Act 1997".

General Social Care Council (Appointments and Procedure) Regulations 2001
     28. In the General Social Care Council (Appointments and Procedure) Regulations 2001[31] in regulation 4 (disqualification for appointment), in paragraph (7), for sub-paragraph (b) , substitute - 

National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001
     29. In the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001[32], in regulation 2 (interpretation) - 

Representation of the People (Scotland) Regulations 2001
     30. In the Representation of the People (Scotland) Regulations 2001[33], in regulation 53 (additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of physical incapacity or blindness), in paragraph (2)(b) for "pursuant to paragraph 10 of" substitute "under article 5 of".

National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001
     31. In regulation 2 of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001[34] (interpretation), in paragraph (1) - 

Representation of the People (England and Wales) Regulations 2001
     32. In the Representation of the People (England and Wales) Regulations 2001[35], in regulation 53 (additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of physical incapacity or blindness), in paragraph (2)(b) for "pursuant to paragraph 10 of", substitute "under article 5 of".

National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 2001
     33. In the National Health Service Trusts (Membership and Procedure) (Scotland) Regulations 2001[36], in regulation 6 (appointment and term of office), in paragraph (1), for sub-paragraph (c)(ii), substitute - 

National Health Service (Charges for Drugs and Appliances) Regulations 2000
     34. In the National Health Service (Charges for Drugs and Appliances) Regulations 2000[37], in regulation 2 (interpretation), in paragraph (1) - 

Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
     35. In the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000[38], in - 

Commission for Health Improvement (Membership and Procedure) Regulations 1999
     36. In the Commission for Health Improvement (Membership and Procedure) Regulations[39], in regulation 1 (citation, commencement and interpretation), in paragraph (2), in the definition of "lay member", for sub-paragraph (d), substitute - 

Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999
     37. In the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999[40], in regulation 1 (citation, commencement and interpretation), in paragraph (2), in the definition of "health care professional" for sub-paragraph (b), substitute - 

Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc of Acts of the Scottish Parliament) Order 1999
     38. In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc of Acts of the Scottish Parliament) Order 1999[41], in Schedule 2 (general definitions), for the definition of "Registered" in relation to nurses, midwives and health visitors, substitute - 

Prescription Only Medicines (Human Use) Order 1997
     39. In the Prescription Only Medicines (Human Use) Order 1997[42] - 

Welsh Language Schemes (Public Bodies) Order 1996
     40. In the Welsh Language Schemes (Public Bodies) Order 1996[43], in the Schedule (specified public bodies), omit the entries for - 

Health Authorities (Membership and Procedure) Regulations 1996
     41. In the Health Authorities (Membership and Procedure) Regulations 1996[44], in regulation 2 (membership of Authorities), for paragraph (2)(d), substitute - 

Family Health Services Appeal Authority Regulations 1995
     42. In the Family Health Services Appeal Authority Regulations 1995[45], regulation 7 (disqualification for appointment), in paragraph (1)(i), for head (v), substitute - 

National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995
     43. In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995[46], in regulation 2 (interpretation and application), in paragraph (1)  - 

National Health Service (Service Committees and Tribunal) Regulations 1992
     44. In the National Health Service (Service Committees and Tribunal) Regulations 1992[47], in Schedule 2 (constitution of discipline committees), in paragraph 8(b) (definition of "lay person"), for (iii), substitute - 

National Health Service (Pharmaceutical Services) Regulations 1992
     45. In the National Health Service (Pharmaceutical Services) Regulations 1992[48], in regulation 2 (interpretation) - 

Council Tax (Discount Disregards) Order 1992
     46. In the Council Tax (Discount Disregards) Order 1992[49], in Schedule 1 (definition of students, etc.), in Part III (student nurses), in paragraph 7, for paragraph (1), substitute - 

European Communities (Recognition of Professional Qualifications) Regulations 1991
     47. In the European Communities (Recognition of Professional Qualifications) Regulations 1991[50], in Schedule 1, in Part 1 (professions regulated by law or public authority), in the column headed "Profession", for the words "Nurses admitted to:" to "of the register maintained by the Nursing and Midwifery Council", substitute - 

National Health Service Trusts (Membership and Procedure) Regulations 1990
     48. In the National Health Service Trusts (Membership and Procedure) Regulations 1990[51], in regulation 4 (qualifications for appointments), in paragraph (1)(c), for "pursuant to paragraph 10 of Schedule 2 to", substitute "under article 5 of".

Prescription Pricing Authority Constitution Order 1990
     49. In the Prescription Pricing Authority Constitution Order 1990[52], in regulation 5 (constitution of the Pricing Authority), for paragraph (e)(v), substitute - 

Social Fund Maternity and Funeral Expenses (General) Regulations 1987
     50. In the Social Fund Maternity and Funeral Expenses (General) Regulations 1987[53], in regulation 3 (interpretation), in paragraph (1), in the definition of "health professional", for paragraph (b) substitute - 

Statutory Maternity Pay (Medical Evidence) Regulations 1987
     51. In the Statutory Maternity Pay (Medical Evidence) Regulations 1987[54], in the Schedule - 

Company and Business Names Regulations 1981
     52. In the Company and Business Names Regulations 1981[55], in the Schedule (specification of words, expressions and relevant bodies) for the entry in Column (2) (relevant body) opposite the entry in Column (1), for - 

substitute "Nursing and Midwifery Council".

Medicines (Pharmacy and General Sale - Exemption) Order 1980
     53. In the Medicines (Pharmacy and General Sale - Exemption) Order 1980[56] - 

Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
     54. In the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980[57], in regulation 1 (citation, commencement and interpretation), in paragraph (2)(a) - 

Medicines (Labelling and Advertising to the Public) Regulations 1978
     55. In the Medicines (Labelling and Advertising to the Public) Regulations 1978[58] - 

Social Security (Medical Evidence) Regulations 1976
     56. In the Social Security (Medical Evidence) Regulations 1976[59], in Schedule 2 - 



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes a number of amendments to primary and secondary legislation consequential on the implementation of the Nursing and Midwifery Order 2001 (S.I. 2002 No. 253) and the repeal of parts of the Nurses, Midwives and Health Visitors Act 1997, as a result of which the United Kingdom Central Council for Nursing, Midwifery and Health Visiting has been replaced by the Nursing and Midwifery Council.


Notes:

[1] 1999 c. 8.back

[2] 2002 c. 17. There are amendments not relevant to this Order.back

[3] S.I. 2002/253. There are amendments not relevant to this Order.back

[4] 2000 c. 14. There are amendments not relevant to this Order.back

[5] 1996 c. 18. Relevant amendments were made by S.I. 2002/253.back

[6] 1989 c. 41. Relevant amendments were made by the Care Standards Act 2000, the Regulation of Care (Scotland) Act 2001, the Adoption and Children Act 2002 c. 38 and S.I. 2002/253.back

[7] S.I. 1989/1341 (NI12) as amended by the Police (Northern Ireland) Act 2003, section 42.back

[8] 1978 c. 29. The subsection was inserted by the Health and Social Care Act 2001 (c. 15), section 44.back

[9] 1978 c. 78. The definition was inserted by the Nurses, Midwives and Health Visitors Act 1979 c. 36, section 23 and Schedule 7.back

[10] 1977 c. 49. The section was substituted by the Health and Social Care Act 2001, section 42.back

[11] 1976 c. 74. Relevant amendments were made by the Race Relations (Amendment) Act 2000, section 2(2) and Schedule 1 and S.I. 2001/3457 and 2003/3007.back

[12] 1968 c. 67. Relevant amendments were made by the National Health Service Reorganisation Act 1973 c. 32, sections 57 and 58 and Schedule 4 and the Nurses, Midwives and Health Visitors Act 1979 c. 36, section 23 and Schedules 7 and 8.back

[13] S.I. 2004/1267.back

[14] S.I. 2004/293.back

[15] S.I. 2004/905.back

[16] S.I. 2003/2527.back

[17] S.I. 2003/2317.back

[18] S.I. 2003/284.back

[19] S.S.I. 2003/231. There are amendments which are not relevant to this Order.back

[20] S.I. 2003/176.back

[21] S.I. 2003/149.back

[22] S.I. 2002/3212. Amendments have been made which are not relevant to this Order.back

[23] S.I. 2002/2934.back

[24] S.I. 2002/2779.back

[25] S.I. 2002/325.back

[26] S.I. 2001/3998. Relevant amendments were made by S.I. 2003/2429.back

[27] The definition of "local supervising authority" in Schedule 4 of the Order has been amended by S.I. 2002/2469.back

[28] S.I. 2001/3968. Amendments have been made which are not relevant to this Order.back

[29] S.I. 2001/3969. Relevant amendments were made by S.I. 2003/2429. Other amendments have been made which are not relevant to this Order.back

[30] S.I. 2001.400. Relevant amendments have been made by S.I. 2001/2599.back

[31] S.I. 2001/1744. A relevant amendment was made by S.I. 2003/1590.back

[32] S.I. 2001/1358. Relevant amendments were made by S.I. 2003/2624. Other amendments have been made which are not relevant to this Order.back

[33] S.I. 2001/497. A relevant amendment was made by S.I. 2002/881.back

[34] S.S.I. 2001/430. Relevant amendments were made by S.S.I. 2003/295 and 2004/212.back

[35] S.I. 2001/341. Relevant amendments were made by S.I. 2001/1700 and 2002/881.back

[36] S.S.I. 2001/301. There are no relevant amendments.back

[37] S.I. 2000/620. Relevant amendments were made by S.I. 2003/699 and 2004/865. Other amendments have been made which are not relevant to this Order.back

[38] S.I. 2000/89. Relevant amendments were made by S.I. 2002/ 881 and 2469, 2003/1616 and 2004/696 and 865.back

[39] S.I. 1999/2801. Relevant amendments were made by S.I. 2002/880.back

[40] S.I. 1999/2337. Relevant amendments were made by S.I. 2002/880.back

[41] S.I. 1999/1379. A relevant amendment was made by S.I. 2002/881. There are other amendments which are not relevant to this Order.back

[42] S.I. 1997/1830. Relevant amendments were made by S.I. 2002/549 and 2003/696.back

[43] S.I. 1996/1898. The Nursing and Midwifery Council was specified in S.I. 2002/1441.back

[44] S.I. 1996/707. A relevant amendment was made by S.I. 2002/556.back

[45] S.I. 1995/622. Amendments have been made which are not relevant to this Order.back

[46] S.I. 1995/414. Relevant amendments were made by S.S.I. 2003/296. Amendments have been made which are not relevant to this Order.back

[47] S.I. 1992/664. Amendments have been made which are not relevant to this Order.back

[48] S.I. 1992/662. Relevant amendments were made by S.I. 2003/699 and 2004/922 (in relation to England) and 2003/2624 and 2004/1021 (in relation to Wales).back

[49] S.I. 1992/548.back

[50] S.I. 1991/824. Schedule 1 was substituted by S.I. 2000/1960 and a relevant amendment was made by S.I. 2002/881.back

[51] S.I. 1990/2024. A relevant amendment was made by S.I. 2002/881.back

[52] S.I. 1990/1718. A relevant amendment was made by S.I. 2002/881.back

[53] S.I. 1987/481. Relevant amendments were made by S.I. 2000/528 and 2002/881.back

[54] S.I. 1987/235. Relevant amendments were made by S.I. 1991/2284 and 2002/881.back

[55] S.I. 1981/1685. Amendments not relevant to this Order have been made.back

[56] S.I. 1980/1924. Relevant amendments were made by S.I. 2004/1.back

[57] S.I. 1980/1923. Relevant amendments were made by S.I. 2003/698.back

[58] S.I.1978/41. Amendments not relevant to this Order have been made.back

[59] S.I.1976/615. Relevant amendments were made by S.I. 1987/409 and 1991/2284. Other amendments have been made which are not relevant to this Order.back



ISBN 0 11 049501 2


  © Crown copyright 2004

Prepared 20 July 2004


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