Nurses and Midwives Act 2011
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SCHEDULE Board: Membership and Meetings | ||
Section 6 (4) | ||
Tenure of Office | ||
1. (1) Subject to the provisions of this Schedule in relation to the filling of casual vacancies and to subparagraph (2), every member of the Board shall hold office, unless the member sooner dies, resigns or becomes disqualified, for a period, not exceeding 5 years, specified in writing by the Minister. | ||
(2) Of the members of the Board appointed immediately after the commencement of section 6 (4) of this Act— | ||
(a) 11 members shall hold office for a period of 3 years, and they shall be selected as follows: | ||
(i) by unanimous agreement of the members of the Board attending the meeting, or | ||
(ii) where no such agreement can for whatever reason be reached, by the drawing of lots by the members so attending, | ||
and | ||
(b) the remaining members shall hold office for a period of 5 years. | ||
2. No person shall hold office as a member of the Board for more than 2 terms of 5 years (for which purpose membership of the Board which occurred before the commencement of this paragraph shall be taken into account). | ||
Resignations and Termination of Membership | ||
3. Subject to paragraph 4, where the Minister receives a request in writing from the Board to terminate the appointment of a member of the Board on the ground that the member has failed to comply with paragraph 12, the Minister may terminate the appointment of the member. | ||
4. The Minister shall not terminate the appointment of a member of the Board pursuant to a request referred to in paragraph 3 unless— | ||
(a) the request is accompanied by evidence which satisfies the Minister that— | ||
(i) the member has been given a reasonable opportunity to make representations in writing to the Board to explain the reasons why the member has failed to comply with paragraph 12, and | ||
(ii) the member has failed or refused to make those representations, | ||
or | ||
(b) the request is accompanied by— | ||
(i) evidence which satisfies the Minister that the member has been given a reasonable opportunity to make representations in writing to the Board to explain the reasons why the member has failed to comply with paragraph 12, | ||
(ii) copies of the representations in writing made by the member to the Board, and | ||
(iii) a statement by the Board that it has given due regard to those representations in writing but has reached the conclusion that they do not afford a reasonable excuse for the member’s failure to comply with paragraph 12, | ||
and | ||
(c) where subparagraph (b) is applicable, the Minister is satisfied that the conclusion referred to in clause (iii) of that subparagraph is reasonable in the circumstances of the case. | ||
5. A member of the Board may resign membership by giving notice in writing signed by the member to the Board, but the resignation shall not become effective until the meeting of the Board next held after receipt of the notice of resignation. | ||
6. The membership of the Board of a person appointed by election shall terminate on the person ceasing to be a registered nurse or registered midwife. | ||
Casual Vacancies | ||
7. (1) Where a casual vacancy occurs among the members of the Board, other than those appointed under section 22 (1)(c), (i) or (j), the Board shall forthwith notify the body or authority which nominated such person and that body or authority shall, as soon as is convenient, nominate a person or persons who the Minister may consider for appointment to fill such vacancy and any person so appointed shall, subject to the other provisions of this Act, serve as a member of the Board for such period as is unexpired of the term of office of the person whom the person so appointed replaces. | ||
(2) Where a casual vacancy occurs among the members of the Board appointed under section 22 (1)(c), the Board, after consultation with the Minister, shall co-opt a person who would, pursuant to the provisions of this Act, be eligible for election to fill such vacancy and any person so co-opted shall, subject to the provisions of this Act, serve as a member of the Board for such period as is unexpired of the term of office of the person whom the person so appointed replaces. | ||
(3) Where a casual vacancy occurs among the members of the Board appointed under section 22 (1)(i) or (j), the Minister may appoint a person who would, pursuant to the provisions of this Act, be eligible to fill such vacancy and any person so appointed shall, subject to the provisions of this Act, serve as a member of the Board for such period as is unexpired of the term of office of the person whom the person so appointed replaces. | ||
Quorum | ||
8. The quorum for a meeting of the Board shall be 6 provided that, in the case of a meeting of the Board where the matter of the imposition of a sanction under Part 9 on a registered nurse or registered midwife is on the agenda, the quorum shall be 9. | ||
Meetings | ||
9. The Board shall hold at least 4 meetings in every year and may hold such other meetings as may be necessary for the performance of its functions by video link or by the circulation of papers. | ||
10. The Board may, by notice in writing given to all the members of the Board, specify the minimum number of meetings of the Board which the members are required to attend. | ||
11. The Board may, by notice in writing given to all the members of a committee, specify the minimum number of meetings of the committee which the members are required to attend. | ||
12. A member of the Board given a notice under paragraph 10 or 11 shall take all necessary steps to comply with the notice. | ||
President and Vice-President | ||
13. (1) Subject to section 22 (2) of this Act, the Board shall, from time to time, elect one of its members who is a registered nurse or registered midwife to be President of the Board and another of its members who is a registered nurse or registered midwife to be Vice-President of the Board. | ||
(2) The President and Vice-President of the Board shall each hold office as such for such term as may be specified by the Board at the time of their respective appointments unless— | ||
(a) the President or Vice-President, as the case may be, ceases to be, or becomes disqualified from being, a member of the Board, | ||
(b) the President or Vice-President, as the case may be, resigns that office and the resignation becomes effective under this paragraph, or | ||
(c) the Board passes a resolution, for which not less than two-thirds of the members of the Board vote, that terminates the appointment of the President or Vice-President, after notice of not less than 7 days of the intention to pass the resolution is given to every member of the Board. | ||
(3) The President or Vice-President of the Board may at any time resign from that office by giving notice in writing signed by him or her, to the Board, but the resignation shall not become effective until the meeting of the Board next held after the receipt by the Board of the notice of resignation. | ||
(4) Where, at an election of the President or Vice-President of the Board, there is an equality of votes for 2 or more members, it shall be determined by lot which of those members shall be President or Vice-President, as the case may be. | ||
Proceedings at Meetings | ||
14. The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the Board or in the qualifications of any member thereof. | ||
15. The President or, in the absence of the President, the Vice-President of the Board— | ||
(a) may convene a meeting of the Board, | ||
(b) shall convene a meeting of the Board when requested to do so by a requisition signed by not less than 10 members of the Board. | ||
16. (1) Where the President or, in the absence of the President, the Vice-President of the Board refuses to convene a meeting of the Board after a requisition for that purpose signed by not less than 10 members of the Board has been presented to the President or Vice-President, as the case may be, any 5 members of the Board may forthwith convene a meeting of the Board. | ||
(2) Where the President or, in the absence of the President, the Vice-President of the Board, without so refusing, does not, not later than 7 days after the presentation of a requisition for that purpose signed by not less than 10 members of the Board, convene a meeting of the Board, any 5 members of the Board may, on the expiration of those 7 days, convene a meeting of the Board. | ||
17. At least 3 clear days before every meeting of the Board, notice in writing, signed by the President or Vice-President of the Board, as the case may be, or, if the meeting is convened by members of the Board, by such members, of the time and place of the meeting shall be sent to every member of the Board: if the meeting is convened by members of the Board, the notice convening the meeting shall specify the business to be transacted thereat. | ||
18. At a meeting of the Board— | ||
(a) the President of the Board shall, if present, be the chairperson, | ||
(b) if and so long as the President of the Board is not present, or if the office of President is vacant, the Vice-President of the Board shall, if present, be the chairperson, | ||
(c) if and so long as the President of the Board is not present or the office of President is vacant and the Vice-President is not present or the office of Vice-President is vacant, the members of the Board who are present shall elect one of their number to be chairperson of that meeting. | ||
19. (1) The Board shall ensure that minutes of each meeting of the Board are prepared. | ||
(2) The minutes of a meeting shall be submitted for confirmation as an accurate record at the next meeting of the Board. | ||
(3) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting at which they were submitted for confirmation. | ||
20. The names of all members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the meeting. | ||
21. Subject to paragraphs 8 and 13 (4), all acts of the Board and all questions coming or arising before the Board may be done and decided by a majority of such members of the Board as are present and vote in relation to the act or question at a meeting of the Board duly convened according to law. | ||
22. In the case of an equality of votes on any question arising at a meeting of the Board (other than the election of the President or the Vice-President) the chairperson of that meeting shall have a second or casting vote. | ||
23. Save as is otherwise provided by any enactment, including this Act, the Board may make standing orders for the regulation of its proceedings, and may amend or revoke such standing orders. |