Nurses Rules, Approval Instrument, 1961
|Publication Date:||January 01, 1961|
NURSES AND MIDWIVESThe Nurses Rules, Approval Instrument, 1961
Whereas the General Nursing Council for England and Wales have, in pursuance of their powers under sections 2, 3, 6, 7, 10, 17, 20 and 30 of, and the First Schedule to, the Nurses Act, 1957(a), made rules superseding the Nurses Rules, 1951(b), and have submitted them to the Minister of Health for his approval:
Now, therefore, the Minister of Health in exercise of the powers conferred on him by section 32 of the Nurses Act, 1957, and of all other powers enabling him in that behalf, hereby approves the said rules in the form set out in the schedule hereto.
This instrument may be cited as the Nurses Rules, Approval Instrument, 1961, and shall come into operation on the fifteenth day of August, 1961.
THE GENERAL NURSING COUNCIL FOR ENGLAND AND WALES
The Nurses Acts, 1957 and 1961
The General Nursing Council for England and Wales in the exercise of the powers conferred on them by sections 2, 3, 6, 7, 10, 17, 20 and 30 of, and the First Schedule to, the Nurses Act, 1957, hereby make the following Rules:—
1. These Rules may be cited as the Nurses Rules, 1961.
2.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—
"Approved Training Institution" means an Institution approved by the Council for the purpose of the training Rules as a Training School or as a part of a Training School for admission to the Register;
"Enrolled Nurse" means a nurse whose name is on the Roll of Nurses maintained by the Council;
"Preliminary Training School" means the department of an approved Training Institution in which student nurses receive preliminary instruction in the theory and practice of nursing prior to the commencement of their training in the wards;
"Registered fever nurse" means a nurse who is registered in the part of the Register containing the names of nurses trained in the nursing of persons suffering from infectious diseases;
(a) 5 & 6 Eliz. 2. c. 15.
(b) Scheduled to S.I. 1951/1372 (1951 II, p. 105).
"Registered general nurse" means a nurse who is registered in the general part of the Register;
"Registered mental nurse" means a nurse who is registered in the part of the Register containing the names of nurses trained in the nursing and care of persons suffering from mental disorder;
"Registered nurse for the mentally subnormal" means a nurse who is registered in the separate section of the last-mentioned part of the Register and trained in the nursing and training of the mentally subnormal;
"Registered nurse" means a nurse whose name is in the Register;
"Registered sick children's nurse" means a nurse who is registered in the part of the Register containing the names of nurses trained in the nursing of sick children;
"Student nurse" means a person who is for the time being undergoing training for admission to any part of the Register;
"The Act of 1957" means the Nurses Act, 1957;
"The Certificate of the Royal Medico-Psychological Association" means a certificate issued by that Association certifying that the person named thereon, having been duly trained, has, after examination by the Association, shown that she has attained proficiency in mental nursing and/or in the nursing of mental defectives, as the case may be;
"The Council" means the General Nursing Council for England and Wales;
"The List" means the list of nurses maintained by the Council under section 5 of the Act of 1957;
"The Minister" means the Minister of Health;
"The Register" means the Register of Nurses maintained by the Council;
"The Registrar" means the person for the time being appointed to act as Registrar of the Council under paragraph 12 of the First Schedule to the Act of 1957, and includes any person duly authorised to act and acting on her behalf;
"Training" means training (a) in an approved Training Institution, and in the case of training in a part of a Training School in accordance with a Scheme of Training approved by the Council; and (b) in accordance with the appropriate syllabus contained in the Third Schedule to these Rules.
(2) The Interpretation Act, 1889(a), applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament, and in these Rules words importing the feminine gender include the masculine, unless the contrary intention appears.
3. The Rules named in the Fifth Schedule to these Rules are hereby revoked:
(a) such revocation shall not affect any right, privilege, obligation or liability acquired, accrued or incurred, or anything duly done or suffered under those rules;
(b) such revocation shall not affect any application, appointment, certificate, decision, delegation of powers, inquiry or notice made, prepared, issued or given under the rules so revoked, and every such application, appointment, certificate, decision, delegation of powers, inquiry or notice shall, so far as it could have been made, prepared, issued or given under these rules have effect as if it had been so made, prepared, issued or given;
(c) such revocation shall not affect proceedings for the removal of the name of a nurse from the Register where judgment has been postponed by the Council, and such proceedings shall be resumed before the Disciplinary Committee under the provisions of these Rules;
(a) 52 & 53 Vict. c. 63.
(d) where a notice that the Council propose to investigate a charge has been served on a nurse under the provisions of those Rules such notice shall have effect as if it had been a notice of inquiry under these Rules, and the inquiry shall proceed before the Disciplinary Committee under the provisions of these Rules.
Formation and Maintenance of Register
4.—(1) The Register shall consist of the following parts, each containing the names of all nurses who satisfy the conditions of admission to that part:—
(a) a general part;
(b) a part containing the names of nurses trained in the nursing and care of persons suffering from mental disorder, including a separate section in which shall be placed the names of nurses trained in the nursing and training of the mentally subnormal;
(c) a part containing the names of nurses trained in the nursing of sick children;
(d) a part containing the names of nurses trained in the nursing of persons suffering from infectious diseases.
(2) The Register shall contain the particulars set forth in the First Schedule to these Rules.
(3) Each person admitted to the Register shall be assigned a registration number in the part or parts of the Register in which her name is included.
(4) A registered nurse shall notify to the Registrar every permanent change of address, and for the purpose of these Rules the address last so notified shall be deemed to be her registered address.
5.—(1) Any person who is qualified under these Rules for admission to the Register, other than a person who is so qualified under rules 17, 19, 20 or 21 of these Rules, and who desires to have her name included in the Register shall apply to the Registrar, on a form to be supplied by the Council, for admission to the Register, and at the time of such application shall pay a registration fee of three guineas in respect of each part of the Register in which her name is to be included. No applicant shall be entitled to have her name included in the Register unless she has produced such satisfactory references as to character as the Council may require:
Provided that where the applicant is an enrolled nurse, who has applied for the deletion of her name from the Roll of Nurses, on admission to the Register, the registration fee payable by her under this Rule shall be a fee of one guinea only.
(2) It shall be the duty of the Council to cause to be removed from the Register any entry which has been incorrectly made.
6.—(1) Where before the 24th day of March, 1950, the name of a nurse was removed from the Register in consequence of the failure of the said nurse to apply for the retention of her name in the Register in accordance with Rules then in force, or where between the 24th day of March, 1950, and the 1st day of January, 1952, the name of a nurse was removed for failure to pay the retention fee due under section 15 (1) of the Nurses Act, 1949(a), such person shall be entitled to apply to have her name restored to the appropriate part or parts of the Register. The application for restoration shall be accompanied by a written explanation of the applicant's failure to apply for the retention of her name on the Register and by a fee of ten shillings and sixpence together with a fee in respect of each part of the Register in which she applies for restoration, in accordance with the following table, based on the date, as the case may be, of
(a) 12, 13 & 14 Geo. 6. c. 73.
her initial registration in England and Wales, Scotland, or Northern Ireland, or of her certification by the Royal Medico-Psychological Association:—
Date of initial registration Fee required or certification £ s. d 1921–25 10 6 1926–30 1 1 0 1931–35 1 11 6 1936–40 2 2 0 1941–47 2 12 6 1948 onwards 3 3 0
(2) If the Council are satisfied with the explanation offered by an applicant, and any references which they may reasonably require are satisfactory, they shall restore her name to the appropriate part or parts of the Register. If the Council are not so satisfied they shall, before reaching their decision, refer the matter to the Registration Committee who shall, before reporting thereon to the Council, afford to the applicant, if she wishes, an opportunity of being heard by them and of adducing further evidence.
(3) Where the name of a nurse has been deleted from the Register for disciplinary reasons, the procedure for restoration to the Register shall be that laid down in Part V of these Rules.
7. The provisions of rule 6 of these Rules shall apply to any...
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