National Council For The Professional Development of Nursing and Midwifery (Establishment) Order, 1999.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This order may be cited as the National Council for the Professional Development of Nursing and Midwifery (Establishment) Order, 1999.
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paragraphs: In this Order:
“the Council” means the National Council for the Professional Development of Nursing and Midwifery established by this Order;
“the Chairperson” means the Chairperson for the time being of the Council;
“the Minister” means the Minister for Health and Children.
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paragraphs: (1) A body to be known as The National Council for Professional Development of Nursing and Midwifery is hereby established to perform the functions conferred upon it by this Order.
(2) The Council shall be a body corporate with perpetual succession and a seal and with power to sue and be sued in its corporate name and to hold land.
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paragraphs: The functions of the Council shall be:
(a) to monitor the on-going development of nursing and midwifery specialities, taking into account, changes in practice and service need;
(b) to formulate guidelines for the assistance of health boards and other relevant bodies in the creation of specialist nursing and midwifery posts;
(c) to support additional developments in continuing nurse education by health boards and voluntary organisations;
(d) to assist health service providers by setting guidelines for the selection of nurses and midwives who might apply for financial support in seeking opportunities to pursue further education; and
(e) to publish an annual report on its activities, including the disbursement of monies by the Council.
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paragraphs: (1) The Council shall consist of twenty members who shall be appointed by the Minister as follows:
(a) seven shall be registered nurses, one from each of the following areas: general nursing, mental handicap nursing, psychiatric nursing, public health nursing, sick children's nursing, care of the elderly, and a nurse tutor, each of whom must be of high professional standing with experience of advanced practice;
(b) one shall be a registered midwife of high professional standing with experience of advanced practice;
(c) two shall be members of An Bord Altranais nominated by An Bord Altranais;
(d) one person shall be appointed following consultation with the Office for Health Management;
(e) one shall be a senior nurse manager appointed following consultation with the appropriate professional bodies;
(f) two persons shall be appointed following consultation with the Health Service Employers Agency;
(g) two shall be officers of the Department of Health and Children, one of whom shall be the Chief Nursing Officer at the Department;
(h) one shall be a medical practitioner appointed following consultation with the Royal College of Surgeons in Ireland, the Royal College of Physicians of Ireland, the Irish College of General Practitioners and the Royal College of Psychiatrists in Ireland;
(i) three shall be nurses or midwives appointed following consultation with third-level institutes, one of whom shall be the Head of a Department of Nursing in a NUI University, one shall be the Head of a Department of Nursing in a non-NUI University, and one shall be the Head of a Department of Nursing in an Institute of Technology or a Regional Technical College.
(2) (a) The Minister shall appoint a Chairperson from amongst the members of the first Council established pursuant to this Order. The Chairperson of each subsequent Council shall be elected by members of that Council.
(b) Each Chairperson shall hold office for a period of five years from the date of appointment.
(3) The term of office of a member of the Council shall be for a period of five years from the date of appointment, as may be specified by the Minister when appointing him or her and he or she shall hold office for the period for which he or she is appointed unless he or she sooner dies, resigns or ceases to be a member in accordance with Article 5 of this Order.
(4) Members of the Council shall be limited to serving two consecutive terms, with the exception that half of the membership of the first Council appointed by the Minister pursuant to this Order shall be limited to serving one term of office. At the first meeting of the Council under this Order, the members shall draw lots as to which members shall be limited to serving one term of office and the Chairperson shall inform the Minister of the result of this lottery.
(5) Whenever a casual vacancy occurs among the members of the Council, the Council shall forthwith notify the Minister who shall, as soon as is convenient, appoint a person to fill such vacancy in accordance with Article 5 (1) of this Order, and any person so appointed shall serve as a member of the Council for the unexpired period of the term of office of the person whom he or she replaces.
(6) A member of the Council may resign his or her membership by giving notice in writing signed by him or her to the Council, but the resignation shall not become effective until the meeting of the Council next held after receipt of the notice of resignation.
(7) A member of the Council may at any time be removed from membership by the Minister, if he or she no longer fulfils the criteria for membership set out in Article 5 (1) of this Order, or in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or fails to attend meetings, or his or her removal appears to the Minister to be necessary for the effective performance by the Council of the functions of the Council.
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paragraphs: The quorum for a meeting of the Council shall be eight.
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paragraphs: The Council shall hold such and so many meetings as may be necessary for the performance of its functions.
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paragraphs: Save as is otherwise provided by any order, including this Order, the Council may regulate by standing orders or otherwise, its procedure and business.
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paragraphs: The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Council or any member thereof.
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paragraphs: (1) The Chairperson may at any time call a meeting of the Council.
(2) If the Chairperson fails, neglects or refuses to call a meeting of the Council after a requisition for that purpose, signed by eight members of the Council has been presented to him or her, any eight members of the Council may forthwith on that refusal, call a meeting of the Council, such meeting not to be held until subsequent to the expiry of a notice period of five working days commencing on the day of such refusal.
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paragraphs: At a meeting of the Council:
(1) the Chairperson shall, if he or she is present, be Chairperson of the meeting.
(2) if and so long as the Chairperson is not present, the members of the Council who are present shall choose one of their number to be Chairperson of the meeting.
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paragraphs: Minutes of the proceedings of each meeting of the Council shall be kept and shall be verified by the Chairperson of the next ensuing meeting.
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paragraphs: The names of the members present at a meeting of the Council shall be recorded in the records of the proceedings of the Council.
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paragraphs: (1) A person other than the Chairperson shall not receive any remuneration for acting as a member of the Council. The Chairperson shall receive such remuneration for acting as Chairperson of the Council as may from time to time be determined by the Minister.
(2) Members of the Council may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.
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paragraphs: (1) All acts of the Council and all questions coming or arising before the Council may be done and decided by a majority of such members of the Council as are present and vote at a meeting of the Council.
(2) In the case of equality of votes on any question arising at a meeting of the Council, the Chairperson of the meeting shall have a second or casting vote.
(3) A memorandum signed by all the members of the Council shall be effective for all purposes as a resolution of the Council passed at a meeting duly convened, held and constituted.
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paragraphs: (1) The Council may establish committees whose functions shall be to assist and advise the Council in relation to the performance of its functions.
(2) The membership of such committees may include persons who are not members of the Council.
(3) Any committee so appointed shall act subject to such directives as may be given by the Council, and any expenditure of monies by such committee shall be subject to the approval of the Council.
(4) A member of a committee established under this article may be removed from membership at any time by the Council.
(5) The Council may at any time dissolve a committee appointed under this article.
(6) The acts of a committee established under this article shall be subject to confirmation by the Council unless the Council dispenses with the necessity of such confirmation.
(7) The Council may regulate the procedure of a committee established under this article but, subject to any such regulation, a committee established under this article may regulate its own procedure.
(8) A member of a committee established under this article shall not receive any remuneration for acting as a member of the committee, but may be paid such travelling and subsistence allowances as may be approved by the Minister.
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paragraphs: (1) The Minister may approve a non-capital determination out of monies provided by the Oireachtas.
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paragraphs: (1) The Council shall keep all proper and usual accounts of all monies received or expended by the Council including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.
(2) The financial year of the Council shall be the period of twelve months ending on the 31st day of December in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December, 1999, shall be deemed to be a financial year.