STATUTORY INSTRUMENTS.

S.I. No. 376 of 1999.

THE NATIONAL COUNCIL FOR THE PROFESSIONAL DEVELOPMENT OF NURSING AND MIDWIFERY (ESTABLISHMENT) ORDER, 1999.

S.I. No. 376 of 1999.

THE NATIONAL COUNCIL FOR THE PROFESSIONAL DEVELOPMENT OF NURSING AND MIDWIFERY (ESTABLISHMENT) ORDER, 1999.

The Minister for Health and Children in exercise of the powers conferred on him by Sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) as amended by Section 22 of the Health (Amendment) Act No. 3, 1996 and adapted by the Health (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 308 of 1997 ) hereby orders as follows:

1. This order may be cited as the National Council for the Professional Development of Nursing and Midwifery (Establishment) Order, 1999.

2. 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.

3. (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.

4. 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.

5. (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.

6. The quorum for a meeting of the Council shall be eight.

7. The Council shall hold such and so many meetings as may be necessary for the performance of its functions.

8. Save as is otherwise provided by any order, including this Order, the Council may regulate by standing orders or otherwise, its procedure and business.

9. 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.

10. (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.

11. 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.

12. 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.

13. The names of the members present at a meeting of the Council shall be recorded in the records of the proceedings of the Council.

14. (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.

15. (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.

16. (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.

17. (1) The Minister may approve a non-capital determination out of monies provided by the Oireachtas.

18. (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.

(3) A statement of accounts of the Council for each financial year shall be prepared and after such preparation be subject to audit by the Comptroller and Auditor General under Section (5) (First Schedule) of the Comptroller and Auditor General (Amendment) Act, 1993 .

19. (1) The Council shall not later than 30th June in each year, make a report to the Minister of its activities during the preceding year.

(2) The Council shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time request.

20. (1) There shall be a chief officer of the Council who shall be called the “Chief Executive”.

(2) The Chief Executive shall be appointed by the Council and shall hold office for such period and upon such terms and conditions (other than terms and conditions relating to remuneration and allowances for expenses) as the Council may, with the approval of the Minister, determine from time to time.

(3) The terms and conditions relating to the remuneration and allowances for expenses of the Chief Executive shall be such as may be determined from time to time by the Minister.

(4) The Chief Executive shall carry on and control generally the administration and business of the Council and perform such other functions as the Council may determine from time to time.

(5) The Chief Executive shall not be a member of the Council but shall be entitled to attend at all Council meetings unless the Council otherwise decides.

21. (1) The Council may, subject to the consent of the Minister, appoint such and so many employees as the Council may, from time to time, think proper and in appointing any such employees, the Council shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) The Council shall, subject to the consent of the Minister, determine the remuneration and conditions of service of its employees.

(3) The Chief Executive shall, from time to time, assign such duties as he/she considers appropriate to each employee of the Council and each such employee shall perform the duties so assigned to him or her.

(4) Permanent employees of the Council shall be subject to normal public service retirement regulations.

(5) The Minister may, whenever and so often as he or she thinks fit, declare that any of the powers conferred on the Council by this Article shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to any office or employment to which the declaration applies, be exercised only with such consent.

22. Subject to the prior approval of the Minister, the Council may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions, and any fees due to a consultant or adviser engaged under this article shall be paid by the Council out of monies at its disposal.

23. (1) The Council shall, as soon as may be after the establishment day, provide itself with a seal.

(2) The seal of the Council shall be authenticated by the signature of the Chairperson of the Council or some other member of the Council authorised by the Council to act in that behalf, and by the signature of an employee of the Council authorised by the Council to act in that behalf.

(3) All Courts shall take notice of the seal of the Council, and every document purporting to be an instrument made by the Council and to be sealed with the seal (purporting to be authenticated in accordance with sub-article (2) of this article) of the Council shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

24. (1) A member of the Council who is either directly or indirectly interested in any company or concern with which the Council proposes to make any contract, or in any contract which the Council proposes to make, shall disclose or cause to be disclosed to the Council the fact and nature of such interest at the meeting of the Council at which the question of entering into such a contract is first considered or, if he has no such interest at the time, as soon as he has acquired such interest in the proposed contract or, if made, in the contract.

(2) A disclosure under the preceding sub-article shall be recorded in the records of the Council.

(3) Where a member of the Council has an interest (to which sub-article (1) of this article relates) in a proposed contract or in a contract (if made), the member, at a meeting of the Council

(a) shall take no part in any deliberations relating to the contract or proposed contract, except to such extent as the Chairperson man of the meeting may permit.

(b) shall not vote upon any proposed decision relating to the contract or proposed contract, and

(c) shall, for the purposes of articles 14(1) and 14(2) of this Order, be deemed not to be present while the contract or proposed contract is being deliberated or voted upon.

(4) Where the Minister is satisfied that a member of the Council has failed to comply with any requirement of sub-article (1) or (3) of this article, he may, if he thinks fit, remove that member from membership of the Council, and, in a case where a person is removed from office pursuant to sub-article, he shall henceforth be disqualified for membership of the Council.

25. A person shall not, without the consent of the Council, disclose any information obtained by him while performing duties as a member or employee of, or a consultant or adviser to, the Council.

26. For the purpose of the performance of its functions:

(1) (a) The Council shall not borrow money without the prior consent of the Minister.

(b) The borrowing of monies by the Council shall be subject to such terms and conditions (if any) as may be specified by the Minister.

(2) (a) The Council may acquire land or buildings subject to the general directions given by the Minister.

(b) The Council may, subject to any general directions given by the Minister sell, exchange, let or otherwise dispose of any land or buildings vested in it.

(c) The Council may charge fees for services it provides, including for consultancy services, for publications it produces and for attendance at events it organises.

27. Subject to the approval of the Minister:

(1) The Council may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Council may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Council.

(3) Any funds of the Council, being a gift or the proceeds of a gift to it, may, subject to any terms and conditions of the gift, be invested in any manner in which a trustee is empowered by law to invest trust funds.

28. The Council may invest any of its funds (not being funds to which article 27 (3) applies) in any manner in which a trustee is empowered by law to invest trust funds.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this order is to establish under the Health (Corporate Bodies) Act, 1961 as amended a body to be known as the National Council for the Professional Development Nursing and Midwifery.