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Section 10(8).

SCHEDULE 2 Proceedings before Council and Committees

1 For purposes of proceedings under section 10 before the Council or a committee in England and Wales—

(a) the Council or committee may administer oaths;

(b) a solicitor to the Council, and any person entitled to appear at the proceedings, may sue out writs of subpoena ad testificandum and duces tecum (but not so as to compel a person to produce a document which he could not be compelled to produce on the trial of an action); and

(c) section 36 of the [1981 c. 54.] Supreme Court Act 1981 (subpoena valid throughout United Kingdom) applies as in relation to causes or matters in the High Court.

2 (1) For purposes of proceedings under section 10 before the Council or a committee in Scotland—

(a) the Council or committee may administer oaths; and

(b) the Court of Session shall, on the application of any party to the proceedings, have the same such powers as are mentioned in sub-paragraph (2) below as it has in an action in that court.

(2) The powers mentioned above are—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Council or committee, and for the issue of second diligence against any witness or haver failing to appear after due citation;

(b) to grant warrant for the recovery of documents; and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

3 (1) The Central Council shall appoint assessors (either generally or for any particular proceedings or class of proceedings) to advise the Council or committees on questions of law arising in the proceedings.

(2) Assessors shall be—

(a) persons who have a ten year general qualification within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990;

(b) advocates or solicitors in Scotland of at least ten years' standing; or

(c) members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of at least ten years' standing.

(3) The Council shall pay to assessors such remuneration as it may determine.

4 (1) The Lord Chancellor and, for proceedings in Scotland, the Lord Advocate may by order make provision with regard to the functions of assessors.

(2) In particular, provision may be made—

(a) requiring assessors, when advising the Council or any of its committees, to do so in the presence of the parties or, where advice is given in private, requiring the parties to be notified of the advice tendered by the assessors; and

(b) requiring the parties to be informed in cases where the assessors' advice is not accepted.

Section 22(3).

SCHEDULE 3 Adaptations for Northern Ireland and its National Board

1 In sections 5, 6, 17, 18, 19 and 22 and Schedule 2, as they apply to Northern Ireland and to the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland, there are made the adaptations provided for by this Schedule.

2 Subject to the following provisions of this Schedule, in the provisions of this Act specified in column 1 of the Table set out below, for any reference specified in column 2 substitute the reference specified in column 3.

3 In section 5, for subsections (2) to (8) substitute—

“(2) The National Board for Nursing, Midwifery and Health Visiting for Northern Ireland shall consist of—

(a) a chairman appointed by the Head of the Department of Health and Social Services for Northern Ireland from among persons who are registered nurses, midwives or health visitors;

(b) such number of other members appointed by the Head of the Department of Health and Social Services for Northern Ireland as that Department may specify by order;

(c) the person for the time being appointed in pursuance of subsection (7)(a) to be the chief executive officer of the Board; and

(d) any person for the time being appointed in pursuance of subsection (7)(b) to an office under the Board which is specified for the purposes of this paragraph by the Department of Health and Social Services for Northern Ireland by order.

(3) Appointments to the Board for the purposes of subsection (2)(b) shall be made from among persons who—

(a) are registered nurses, midwives or health visitors; or

(b) have such qualifications and experience in education or other fields as, in the opinion of the Head of the Department of Health and Social Services for Northern Ireland, will be of value to the Board in the performance of its functions.

(4) The powers conferred by this section shall be so exercised as to secure that a majority of the members of the Board are registered nurses, midwives or health visitors.

(5) The Department of Health and Social Services for Northern Ireland may, with the consent of the Department of Finance and Personnel in Northern Ireland—

(a) pay such remuneration as the Department of Health and Social Services for Northern Ireland thinks fit to any person who is a member of the Board by virtue of appointment by the Head of that Department; and

(b) make such provision as the Department of Health and Social Services for Northern Ireland thinks fit for the payment to or in respect of any person who is a member of the Board by virtue of such appointment of pensions, allowances or gratuities.

(6) A National Board may pay to its chairman and members and to other persons appointed to serve on its standing and other committees, such travelling and other allowances as the Department of Health and Social Services for Northern Ireland may determine with the consent of the Department of Finance and Personnel in Northern Ireland.

(7) The Board shall have—

(a) a chief executive officer; and

(b) such other officers as the Department of Health and Social Services for Northern Ireland may by order specify for the purposes of this paragraph,

appointed by the Board.

(8) The Department of Health and Social Services for Northern Ireland may by order make such further provision with respect to the constitution and administration of the Board as it thinks fit.”

4 In section 22(1)—

(a) in the definition of “by order”, at the end add the words “or, in the case of an order under section 5 or 6 made by the Department of Health and Social Services for Northern Ireland or an order under section 19(5) or paragraph 4 of Schedule 2 made by the Lord Chief Justice of Northern Ireland, means by order made by statutory rule for the purposes of the [S.I. 1979/1573 (N.I.12).] Statutory Rules (Northern Ireland) Order 1979”;

(b) in the definition of “prescribed” after the words “Secretary of State” insert the words “or, as the case may be, the Department of Health and Social Services for Northern Ireland”.

5 In section 22(2) at the end add the words “or orders made by the Department of Health and Social Services for Northern Ireland under section 5 or 6; and the orders made by that Department under those sections shall be subject to negative resolution as defined by section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.”

6 In paragraph 1 of Schedule 2 for “in England and Wales” substitute “in Northern Ireland” and for sub-paragraph (c) substitute—

“(c) section 67 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 (subpoena valid throughout United Kingdom) applies as in relation to causes or matters in the High Court in Northern Ireland”.