register and providing some protection of what they regard as their professional
territory.
3.1 The present nursing regulatory system summarised
What currently exists for nursing, midwifery and health visiting, is, in essence, a
statutory system that:
. requires the maintenance of a register of nurses, midwives and health visitors;
. requires that admission to that register be controlled;
. makes it a criminal offence for a person to falsely represent themself to be on the
register;
. provides a system whereby persons may be removed from the register for misconduct or otherwise'; . establishes the principal functions of the regulatory Council asto establish and
improve standards of training and professional conduct' of the persons inclu-
ded in the register;and
. empowers that Council to provide advice on standards of professional conduct
for its registrants.
Since 1983, every person who, following appropriate preparation, becomes a
registered nurse, midwife or health visitor in the United Kingdom, is placed on the
professional register maintained by the UKCC. The Council's power and respon-
sibility derive from the Nurses, Midwives and Health Visitors Act 1997. It is not the
purpose of this chapter to examine the subject of education and training for
admission to the register. The chapter does, however, provide outline information
about the process by which registration can be removed or suspended, or those
decisions reversed, since much of the criticism to which the UKCC has been
subjected is associated with this aspect of its work.
3.2 Constitution of the UKCC
The Council's constitution provides for a membership of up to 60 persons, two
thirds of whom are to be registered nurses, midwives or health visitors elected by
their peers, the remainder being persons appointed by Government ministers.
Since 1992 the UKCC has chosen to be of the maximum permitted size. The law
also permits the Council to include in its committees some persons who are not
Council members.
3.2.1 The Council's expectations of registered practitioners
Section 2.1) of the Act describes an end that has to be achieved: The principal functions of the Central Council shall be to establish and improve standards of training and professional conduct' for, respectively, admission to the register and conduct once on the register. Section 2.5) offers at least one of the means by which the latter can be done, stating thatThe powers of the Council shall include that of
32 Nursing Law and Ethics