The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004

Requirements for declarations of good health and good character U.K.

6.—(1) The declaration by the applicant as to her good health and good character, provided under rule 5(1)(a), shall be supported—

(a) for an applicant applying for admission to the register on, or within six months of, completion of a pre-registration programme in accordance with rule 5(2)(a)(i), or for re-admission following a return to practice programme, by a declaration signed—

(i) by the registered nurse, whose name has been notified to the Council, who is responsible for directing the educational programme at the relevant approved educational institution, or her designated registered nurse substitute, or

(ii) by the lead midwife for education, whose name has been notified to the Council, who is responsible for midwifery education in the relevant approved educational institution, or her designated registered midwife substitute,

(b) for an applicant who has not applied to join the register within six months of the award of her registrable qualification but who makes an application to join the register, in accordance with rule 5(2)(a)(i), within five years of completing a pre-registration programme—

(i) by a declaration signed in accordance with paragraph (1)(a)(i) or (ii), and

(ii) by a declaration signed by a registrant who is registered in the part or sub-part of the register in which the applicant is applying to be registered, who has known the applicant for at least one year and who has been in contact with her during the preceding six months and who is able to attest to the matters set out in the declaration;

(c) for an applicant applying for readmission to the register who has not completed a return to practice programme, by a declaration signed by a registrant who is registered in the part or sub-part of the register in which the applicant is applying to be registered, who has known the applicant for at least one year and who has been in contact with her during the preceding six months and who is able to attest to the matters set out in the declaration;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) for an applicant applying to join the register who is relying on [F2 article 13(1)(c) or (d)] of the Order, by a declaration signed—

(i) on behalf of the licensing body in the country in which the applicant is registered to practise,

(ii) by a member of the occupational health department of a body that has employed or engaged the applicant who, on the basis of a health assessment of the applicant undertaken by that department, is able to attest to the matters set out in the declaration, or

(iii) by a registered medical practitioner who has undertaken a health assessment of the applicant within the last six months.

[F3 (1A) In the case of an applicant (“A”) who is relying on article 13(1)(b), (e) or (f) of the Order, the declaration by A as to her good health and good character, provided under rule 5(1)(a), shall be supported by—

(a) a certificate as to good character—

(i) to which either paragraph (1B) or (1C) applies, and

(ii) issued within the three months preceding the date of A's application, and

(b) a certificate as to good health—

(i) to which either paragraph (1D) or (1E) applies, and

(ii) issued within the three months preceding the date of A's application,

and for the purposes of paragraphs (5) and (6), any such certificate shall be considered to be a supporting declaration.

(1B) This paragraph applies to a certificate which—

(a) attests to A's good character or good repute; and

(b) is issued by a competent authority in A's attesting State.

(1C) If no such certificate is issued by a competent authority in A's attesting State, this paragraph applies to a certificate—

(a) attesting to the authenticity of a declaration on oath made by A—

(i) before a competent judicial or administrative authority, notary or qualified professional body of A's attesting State, and

(ii) attesting to A's good character; and

(b) issued by the authority, notary or body referred to in sub-paragraph (a)(i).

In this paragraph, “declaration on oath” includes a solemn declaration.

(1D) This paragraph applies to a certificate which—

(a) attests to A's good physical and mental health; and

(b) is required of a person who wishes to practise as a nurse or midwife in A's attesting State.

(1E) If no such certificate is required of persons who wish to practise as a nurse or midwife in A's attesting State, this paragraph applies to a certificate which—

(a) attests to A's good physical and mental health; and

(b) is issued by a competent authority in A's attesting State.

(1F) In paragraphs (1B) to (1E) the “attesting State”, in relation to A, is—

(a) the relevant European State in which A obtained her qualification in nursing or midwifery; or

(b) (if different) the relevant European State from which A comes to the United Kingdom.]

(2) In the case of an applicant who is a nurse to whom paragraph (1)(e) applies and who has successfully completed a period of supervised practice in the United Kingdom, the declaration by the applicant shall be supported by a declaration signed by the nurse registrant, whose name has been notified to the Council, responsible for supervising and assessing her during her period of supervised practice.

(3) In the case of an applicant who is a midwife to whom paragraph (1)(e) applies and who has successfully completed an adaptation programme in the United Kingdom, the declaration by the applicant shall be supported by a declaration signed by the lead midwife for education, whose name has been notified to the Council, who is responsible for midwifery education in the relevant approved educational institution or her designated registered midwife substitute.

(4) The person who makes the supporting declaration of good health and good character must not be a relative or employee of the applicant.

(5) For the purposes of satisfying herself as to the good health of the applicant, the Registrar shall have regard to—

(a) the declaration provided by the applicant;

(b) the supporting declaration provided under paragraph [F4 (1)(a), (b), (c) or (e) or paragraph (1D), (1E), (2) or (3)]; and

(c) such other matters as appear to her to be relevant,

and for this purpose the Registrar may seek information additional to that provided with the application for registration.

(6) For the purposes of satisfying herself as to the good character of the applicant, the Registrar shall have regard to—

(a) the declaration provided by the applicant;

(b) the supporting declaration provided under paragraph [F5 (1)(a), (b), (c) or (e) or paragraph (1B), (1C), (2) or (3)];

(c) any conviction or caution which the applicant has received in the United Kingdom for a criminal offence or a conviction received elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(d) any determination by a body responsible for regulating or licensing a health or social care profession to the effect that the applicant’s fitness to practise is impaired; and

(e) any other matters which, in the opinion of the Registrar, appear to be relevant,

and for this purpose the Registrar may seek information additional to that provided with the application for registration.

(7) For the purposes of this rule—

F6 ...

“relative” in relation to any person means—

(a)

her spouse [F7 or civil partner];

(b)

her lineal ancestor, lineal descendent, brother, sister, aunt, uncle, nephew, niece or first cousin of hers or of her spouse [F7 or civil partner]; or

(c)

the spouse [F7 or civil partner] of any relative mentioned in paragraph (b),

and for the purposes of deducing any such relationship “spouse [F7 or civil partner]” includes a former spouse [F7 or civil partner], a partner to whom the person is not married, and a partner of the same sex.

Textual Amendments

F1 Sch. rule 6(1)(d) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 177(6)(a)(i)

F2 Words in Sch. rule 6(1)(e) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 177(6)(a)(ii)

F3 Sch. rule 6(1A)-(1F) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 177(6)(b)

F4 Words in Sch. rule 6(5)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 177(6)(c)

F5 Words in Sch. rule 6(6)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 177(6)(d)

F6 Words in Sch. rule 6(7) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 177(6)(e)

F7 Words in Sch. rule 6(7) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 2 para. 4