NURSES, MIDWIVES AND HEALTH VISITORS Citation and commencement 1 This Order may be cited as the National Board for Nursing, Midwifery and Health Visiting for Wales (Constitution and Administration) Order 1993 and shall come into force on 1st April 1993. Interpretation 2 1 In this Order, unless the context otherwise requires— “ the Act ” means the Nurses, Midwives and Health Visitors Act 1979; “the Board” means the National Board for Nursing, Midwifery and Health Visiting for Wales; “member” means a member of the Board and shall include its chairman and deputy chairman; “officer member” means the chief executive officer of the Board, or the principal finance officer or principal professional officer appointed to the offices specified in article 3(2) for the purposes of section 5(2)(d) of the Act, as the case may be; “principal professional officer” means a person appointed by the Board who is principally responsible for giving to it advice on matters concerned with nursing, midwifery or health visiting. 2 Unless the context otherwise requires in this Order, any reference— a to a numbered article is a reference to the article bearing that number in this Order; b to the Schedule is a reference to the Schedule to this Order; c in an article in, or in the Schedule to this Order to a numbered paragraph is a reference to the paragraph bearing that number in that article or Schedule. Constitution of the Board 3 1 In addition to the chairman, the chief executive officer and the persons appointed to the offices specified in paragraph (2), the Board shall consist of six other members appointed to the Board by the Secretary of State under section 5(2)(b) of the Act. 2 The offices of principal finance officer and principal professional officer are hereby specified for the purposes of section 5(2)(d) of the Act. 3 The members shall include at least one registered nurse, at least one practising midwife and at least one registered health visitor. 4 When appointing any member who is a registered nurse, practising midwife or registered health visitor, the Secretary of State shall specify the qualification of that member. 5 A person who falls within the provisions of the Schedule is disqualified for appointment to the Board. Tenure of office of members 4 1 Subject to article 8, the term of office of a member appointed by the Secretary of State shall be for such period, not exceeding 4 years, as the Secretary of State shall specify on appointing him. 2 Subject to paragraph (3), an officer member shall hold office as a member for so long as he remains the chief executive officer, principal finance officer or principal professional officer, as the case may be, of the Board. 3 Where, for any period, a person mentioned in paragraph (2) is suspended from his duties as chief executive officer, principal finance officer or principal professional officer, as the case may be, of the Board— a he shall also be suspended for that period from performing his functions as a member, and b any person appointed pursuant to article 12(4) to act in his place as the chief executive officer, principal finance officer or principal professional officer, as the case may be, shall also be appointed to perform his functions as a member of the Board for that period. Appointment of deputy chairman 5 1 The members may appoint one of their number, other than the chairman or an officer member, to be deputy chairman. 2 The term of office of the deputy chairman shall be the unexpired portion of his term of office as a member, or such shorter period as is specified on his appointment. 3 The deputy chairman shall perform the duties of the chairman where the chairman has died, ceased to hold office or is unable to perform his duties for any other reason. 4 The deputy chairman may at any time resign the office of deputy chairman by giving notice in writing to the chairman, whereupon the members may appoint another of their number as deputy chairman in accordance with the provisions of paragraph (1). 5 Where the deputy chairman ceases to be a member of the Board, he shall also cease to be deputy chairman. Termination of tenure of office 6 1 This article applies to members other than officer members. 2 A member may resign his office at any time by giving notice in writing to the Secretary of State. 3 Where a member has not attended a meeting of the Board for a period of six months, the Secretary of State shall forthwith terminate his appointment unless he is satisfied that— a the absence was due to a reasonable cause; and b the member will be able to attend meetings of the Board within such period as the Secretary of State considers reasonable. 4 A member shall cease to be a member of the Board if he ceases to hold any qualification specified by the Secretary of State under article 3(4). 5 Where the Secretary of State is of the opinion that it is not in the interests of the Board that a member should continue to hold office, he may terminate his tenure of office. 6 Where it comes to the notice of the Secretary of State that at the time of a member’s appointment he was disqualified under any of the provisions of the Schedule, the Secretary of State shall forthwith declare that he was not duly appointed and shall notify him accordingly and upon receipt of any such notification his tenure of office shall be terminated and the member shall cease to act in any capacity as a member. 7 Where it comes to the notice of the Secretary of State that a member has come to fall within any of paragraphs (a) to (d) of sub-paragraph (1) of paragraph 1 of the Schedule, the Secretary of State shall forthwith notify him in writing of that fact and upon receipt of any such notification his tenure of office shall be terminated and he shall cease to act in any capacity as a member. Vacant office 7 1 Where a member ceases to be a member of the Board before the end of the period for which he was appointed, the Secretary of State shall appoint a person to fill the vacancy for the remainder of the period for which he was appointed. 2 In making an appointment under paragraph (1), the Secretary of State shall appoint a person whose qualification meets the qualification which may have been specified by him under article 3(4) in relation to the member whose departure has given rise to the vacancy. Eligibility for reappointment 8 Subject to article 3(5), a member appointed by the Secretary of State shall, on the expiration of his term of office, be eligible for reappointment. Meetings and procedure 9 1 Subject to paragraphs (2) to (9), the Board shall, by means of Standing Orders, regulate its own procedure and that of its committees and may vary or revoke such Standing Orders. 2 The Board may act notwithstanding any vacancy among its members. 3 No defect in the appointment of any member shall invalidate any proceedings of the Board. 4 The quorum at any meeting of the Board shall consist of four members, of whom— a at least one shall be a registered nurse, a practising midwife or a registered health visitor; b at least two shall be members other than officer members; and c at least one shall be an officer member. 5 At any meeting of the Board the chairman, if present, shall preside. 6 If the chairman and deputy chairman are absent, such member (who is not an officer member) as the members present shall choose shall preside. 7 All acts of, and all matters coming before the Board shall be done and decided upon by a majority of the members present and voting at the meeting of the Board and, in the case of an equal number of votes, the person presiding shall have a second or casting vote. 8 If a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it. 9 Reference to the chairman in paragraph (5) shall, so long as there is no chairman able to perform his duties, be taken to include reference to the deputy chairman. Committees 10 1 The Board may appoint, for the purpose of advising the Board on particular business of the Board, such committees of the Board as it may determine. 2 A committee appointed under paragraph (1) may consist wholly or partly of persons who are not members. 3 A committee appointed under paragraph (1) shall be governed by the Standing Orders of the Board made under article 9(1). Functions of the Board 11 1 The Board shall, in addition to the functions specified in section 6 of the Act, perform the functions specified in paragraphs (2) and (3). 2 The Board shall make available to the public, to such extent as it considers appropriate, information about careers in the professions of nursing, midwifery and health visiting in Wales. 3 The Board shall provide, or arrange for others to provide, at institutions approved by the Board— a courses of education for persons intending to become teachers of nurses, midwives or health visitors; and b further courses of education for teachers of nurses, midwives or health visitors. Officers of the Board 12 1 For the purposes of section 5(6)(b) of the Act the Board shall have, in addition to the chief executive officer of the Board referred to in section 5(6)(a) of the Act— a a principal finance officer, and b a principal professional officer appointed by the Board. 2 The chief executive officer and the principal professional officer shall each be appointed from among persons who are registered nurses, practising midwives or registered health visitors. 3 No person who is a member appointed by the Secretary of State shall be appointed as an officer of the Board. 4 Where, for any period, the chief executive officer, the principal finance officer or the principal professional officer of the Board is suspended from his duties for any reason, the Board shall, for the duration of that period, appoint another person to act in the place of that suspended officer. Employees of the Board 13 1 Subject to article 12 and subject to such directions as may be given by the Secretary of State, the Board may employ such staff under such conditions of service as the Board may determine. 2 Directions given by the Secretary of State in pursuance of paragraph (1) shall be in writing and may include directions as to— a the qualifications of persons who may be employed as officers of the Board; b the qualifications or experience which officers must possess for the purpose of performing any functions specified in the directions; and c the manner in which any employees of the Board are to be appointed. Documents 14 A document purporting to be duly executed under the seal of the Board or to be signed on its behalf shall be received in evidence and shall be deemed to be so executed or signed unless the contrary is proved. Revocation 15 Insofar as it has effect in Wales, the Nurses, Midwives and Health Visitors Act 1979 (Membership of National Boards) Order 1982 , is hereby revoked. David Hunt Secretary of State for Wales 10th March 1993