The Nursing and Midwifery Order 2001

Article 2

SCHEDULE 4U.K.INTERPRETATION

Commencement Information

I1Sch. 4 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I2Sch. 4 in force at 1.4.2002 for specified purposes as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

I3Sch. 4 in force at 22.1.2003 for specified purposes as notified in the London Gazette (Issue 56816, published 10.1.2003), see art. 1(2)(3)

I4Sch. 4 in force at 5.3.2004 for specified purposes as notified in the London Gazette (Issue 57218, published 27.2.2004), see art. 1(2)(3)

I5Sch. 4 in force at 1.8.2004 for specified purposes as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

I6Sch. 4 in force at 31.7.2006 in so far as not already in force as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

In this Order, unless the context otherwise requires—

“the 1997 Act” means the Nurses, Midwives and Health Visitors Act 1997(1);

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[F6“adaptation period” means—

(a)

in relation to registration as a registered nurse under article 9 in reliance on a specified state qualification awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered nurse who is registered in the register by virtue of article 9;

(b)

in relation to registration as a registered nurse under article 9 in reliance on a specified state qualification awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered nurse who is registered in the register by virtue of article 9;

(c)

in relation to registration as a registered midwife under article 9 in reliance on a specified state qualification awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered midwife who is registered in the register by virtue of article 9;

(d)

in relation to registration as a registered midwife under article 9 in reliance on a specified state qualification awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered midwife who is registered in the register by virtue of article 9;

(e)

in relation to registration as a registered nursing associate under article 9 in reliance on a specified state qualification awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered nurse, or a registered nursing associate, who is registered in the register by virtue of article 9;

(f)

in relation to registration as a registered nursing associate under article 9 in reliance on a specified state qualification awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered nurse, or a registered nursing associate, who is registered in the register by virtue of article 9;]

“application for restoration” has the meaning given to it in article 33;

[F7“appropriate cover” is to be construed in accordance with article 12A(3);]

“approved course of education or training” means a course approved under article 15(6)(a);

“approved qualification” has the meaning given to it in articles 13 and 15;

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[F10“aptitude test” means an assessment, with the aim of determining whether a specified state professional meets the standards referred to in article 5(2)(a);]

“the Council” means the Nursing and Midwifery Council established under article 3;

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[F12“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;]

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[F7“indemnity arrangement” is to be construed in accordance with article 12A(2);]

[F16“lay member” shall be construed in accordance with paragraph 1A(1)(b) of Schedule 1;]

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“licensing body” means a regulatory body which has the function of authorising persons to practise a health or social care profession;

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[F20“the necessary knowledge of English”—

(a)

in relation to a person registered, or applying to be registered, as a nurse means a knowledge of English which is necessary for the safe and effective practice of nursing in the United Kingdom;

(b)

in relation to a person registered, or applying to be registered, as a midwife means a knowledge of English which is necessary for the safe and effective practice of midwifery in the United Kingdom;

(c)

[F21in relation to a person registered, or applying to be registered, as a nursing associate means knowledge of English which is necessary for the safe and effective practice as a nursing associate in England;]]

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“parties”, except in respect of article 53, means the Council and the person concerned except in respect of article 37 when it includes the Registrar;

[F23“Practice Committees” has the meaning given to it in article 3(10);]

[F24“practising” means working as a registered nurse or a midwife or working as a nursing associate in England;]

“prescribed” means prescribed in rules made by the Council;

[F25“the professions regulated under this Order” means the professions of nurse, midwife and nursing associate;]

“register” means the register established and maintained under article 5;

[F26“registrant” means a nurse, midwife or nursing associate who has been admitted to the register maintained under article 5;]

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“Registrar” means the person appointed under article 4;

[F27“relevant European State” means an EEA State or Switzerland;]

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[F10“specified state professional” means a person who holds a specified state qualification;]

[F10“specified state qualification” means a nursing or midwifery qualification or a qualification comparable to that of a nursing associate awarded in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;]

“standards of proficiency” means the standards established by the Council under article 5(2);

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[F33“the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);]

“United Kingdom country” means England, Scotland, Wales or Northern Ireland.

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“visitors” means persons appointed under article 16.

Textual Amendments

F1Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(a)

F2Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(b)

F3Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(c)

F4Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(d)