The Nursing and Midwifery Order 2001

[F1 Visiting general systems nurses from relevant European States U.K.

39A.— (1) This article applies to an exempt person (“V”)—

(a) who is lawfully established as a nurse in a relevant European State other than the United Kingdom (“State A”); and

(b) who seeks to provide, or is providing, nursing services in the United Kingdom of a kind which are provided, in the United Kingdom, by nurses admitted to—

(i) sub-part 1 of the nurses' part of the register whose field of practice is mental health nursing, learning disabilities nursing or children's nursing, or

(ii) sub-part 2 of the nurses' part of the register.

(2) Paragraph (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of nursing services in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of nursing services).

(3) V is entitled to be registered in the appropriate part of the register; and the Registrar shall give effect to the entitlement.

(4) If V is entitled under paragraph (3) to be registered, but is not registered in the appropriate part of the register, V shall be treated as being registered in that part.

(5) V's entitlement under paragraph (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of nursing services in the United Kingdom on a temporary and occasional basis.

(6) If—

(a) V's entitlement under paragraph (3) ceases by reason of the operation of paragraph (5), and

(b) V is registered,

the Registrar may remove V's name from the register.

(7) Paragraph (8) applies if—

(a) V's establishment in State A is subject to a condition relating to V's practice as a nurse,

(b) V's name is registered in the appropriate part of the register, and

(c) for any of the purposes of this Order it falls to be decided whether V's fitness to practise is or may be impaired on the ground of misconduct.

(8) The matters that may be counted as misconduct include (in particular) any act or omission by V during the course of the provision by V of nursing services in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice as a nurse outside State A, a breach of the condition.

(9) In paragraphs (7) and (8) “condition” includes limitation.

(10) Paragraphs (1) to (6) are not to be taken to prejudice the application, in relation to registrants, of any other provision of this Order under which a registered nurse's name may be removed from the register or under which a registered nurse's registration may be suspended.]

Textual Amendments

F1 Art. 39A inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 169