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  4. S.I. No. 800/2004 - The National Council For The Professional Development of Nursing and Midwifery (Establishment) Order, 1999 (Amendment) Order, 2004

S.I. No. 800/2004 - The National Council For The Professional Development of Nursing and Midwifery (Establishment) Order, 1999 (Amendment) Order, 2004

The Minister for Health and Children, in exercise of the powers conferred on her by sections 3 , 4 , 5 and 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), as amended by Section 22 of the Health (Amendment) (No. 3) Act, 1996 (No. 32 of 1996) and adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( 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 (Amendment) Order, 2004.

2. In this Order “the Establishment Order” means the National Council for the Professional Development of Nursing and Midwifery (Establishment) Order, 1999 ( S.I. No. 376 of 1999 ).

3. (1) A reference in this Order to an Article shall be construed as a reference to an Article appearing in this Order unless it is indicated that a reference to some other provision is intended.

(2) A reference in this Order to a sub-article shall be construed as a reference to a sub-article of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

4. Article 5 of the Establishment Order is hereby amended—

(a) by the deletion of sub-article (2) (b)

(b) by the substitution for sub-article (2) (a) of the following sub-article—

“(2) 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 for the duration of his appointment under Article 5(1).”

(c) by the deletion of sub-article (4)

(d) by the substitution for sub-article (3) of the following sub-article—

“(3) Unless he or she sooner dies, resigns or ceases to be a member in accordance with Article 5 of this Order, the term of office of a member of the Council shall be the period beginning on the date of his or her appointment and ending on

(a)  the expiry of five years from that date, or

(b)  the date of revocation of this Order, whichever is the sooner.”

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GIVEN under the Official Seal of the Minister for Health and Children, this 9th day of December, 2004.

MARY HARNEY,

Minister for Health and Children.

EXPLANATORY NOTE.

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

In relation to the Health Reform, the National Council for the Professional Development of Nursing and Midwifery is part of the “short-term” time table. Cessation will not occur on 1/1/2005, but at some time in the near future after. At present, the date of cessation remains to be determined.

At end of November 2004, half of the membership of the board of the National Council are due to have tenure expired.

In order to allow for a smooth transition, it is recommended that the current members should be reappointed to the board.

The purpose of this amendment is to remove the restriction that prevents reappointment of these members.