S.I. No. 8/1923 - General Nursing Council Order, 1923.

1923. No. 8.

GENERAL NURSING COUNCIL ORDER, 1923.

WHEREAS by Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), the Executive Council is empowered to establish by order boards of commissioners to exercise in Saorstát Eireann the functions which were on the 6th day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by any statutory board of commissioners to which the said section applies and which was in existence on the date aforesaid and had jurisdictions, powers and duties extending to the whole of the late United Kingdom or to any part thereof which included the area now comprised in Saorstát Eireann :

AND WHEREAS it is provided by the said Section 7 that whenever the Executive Council establishes under that section any board of commissioners, the Executive Council shall by the Order establishing such board apply to such board with such adaptations and modifications as may be necessary, the several British statutes regulating the boards of commissioners or other body or bodies whose, or any of whose, jurisdictions, powers or duties are by such Order conferred or imposed on such bodies :

AND WHEREAS the said Section 7 applies to any statutory board of commissioners or other statutory board or body exercising any function of government or discharging any public duties in relation to public administration :

AND WHEREAS the General Nursing Council for Ireland is a Statutory Board of Commissioners exercising functions of government or discharging public duties in relation to public administration and was in existence on the 6th day of December, 1921, and had jurisdictions, powers and duties extending to the whole of Ireland :

AND WHEREAS it is necessary to make provision for the exercise in Saorstát Eireann of the functions which were on the 6th day of December, 1921, exercisable by the General Nursing Council for Ireland in the area now comprised in Saorstát Eireann :

NOW the Executive Council in exercise of the several powers conferred on them by the said Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power them in this behalf enabling do hereby order as follows :—

1. This Order may for all purposes be cited as the " General Nursing Council Order, 1923 " (No. 8 of 1923).

2. In this Order the expression " British Statute " means Act of Parliament of the late United Kingdom of Great Britain and Ireland, which was on the 6th day of December, 1922, in force in the area now comprised in Saorstát Eireann.

3. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtais.

4. A Board of Commissioners to be called and known as the General Nursing Council, hereinafter referred to as " the Council, " is hereby established to exercise in Saorstát Eireann all the functions which were on the 6th day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by the General Nursing Council for Ireland.

5.—(i.) During the period up to a date, not later than the 1st day of January, 1924, to be fixed by the Minister for Local Government (hereinafter referred to as " the appointed date ") the Council shall consist of 11 Commissioners (hereinafter called " the first commissioners "), who shall be appointed by the Minister for Local Government and removable only by the Minister for Local Government.

(ii) From and after the appointed date the Council shall be composed of six persons appointed by the Minister for Local Government, and of nine persons, being persons registered as nurses under the Nurses' Registration (Ireland) Act, 1919, elected by the persons so registered at the date of the election in accordance with a scheme and in a manner to be prescribed by the first commissioners with the consent of the Minister for Local Government.

6. All the jurisdictions, powers and duties which on the 6th day of December, 1921, were conferred or imposed by law on the General Nursing Council of Ireland and were exercisable or to be performed within the area now comprised in Saorstát Eireann are hereby respectively conferred and imposed on the Council.

7. Every mention or reference contained in any British Statute of or to the General Nursing Council for Ireland shall, so far as the same is not inconsistent with the provisions of this Order, be construed and take effect as a mention of or reference to the Council.

8. Articles 1, 2, 3 and 4 of the Schedule to the Nurses Registration (Ireland) Act, 1919, shall not apply to the Council.

9. In the application to the Nursing Council of Articles 5, 6, 7 and 8 of the Schedule to the Nurses' Registration (Ireland) Act, 1919 :—

(a) the word " Council " shall be construed as referring to the Council established by this Order, and

(b) the expression " first members thereof " shall be construed as referring to the first commissioners, and

(c) the words " Minister for Local Government '' shall be substituted for the words " Chief Secretary. ''

Dublin,

This 22nd day of June, 1923.