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

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Requirements for declarations of good health and good characterU.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, F1...

(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, [F2or]

[F3(iii)by the registered nurse or nursing associate, whose name has been notified to the Council, who is responsible for the nursing associate education in the relevant approved educational institution, or her designated registered nurse substitute or designated registered nursing associate 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 [F4with paragraph (1)(a)(i), (ii) or (iii)], and

[F5(ii)by a declaration signed by a registrant who is registered in a relevant part of the register and who has known the applicant for at least one year, and has been in contact with her during the preceding six months and can attest to the matters set out in the declaration;]

[F6(ba)for an applicant who is applying to the nursing associates’ part of the register and who is a person to whom article 13A of the Order applies, by a declaration signed by a registered nurse who has known the applicant for at least one year and has been in contact with her during the preceding six months and can attest to the matters set out in the declaration;]

[F7(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 a relevant part of the register and who has known the applicant for at least one year, and has been in contact with her during the preceding six months and can attest to the matters set out in the declaration;]

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(da)for an applicant applying to join the nursing associates’ part of the register who is relying on article 13(1)(dd) of the Order, by a declaration signed by a registered nurse or registered nursing associate who has known the applicant for at least one year and 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;

(db)for an applicant to whom sub-paragraph (da) applies, in addition to the declaration referred to in that sub-paragraph, a declaration signed by—

(i)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

(ii)a registered medical practitioner who has undertaken a health assessment of the applicant in the last six months;]

(e)for an applicant applying to join the register who is relying on [F10article 13(1)F11... (d)] of the Order, by F12...—

[F13(i)(aa)where the applicant is registered to practise in a country, a declaration of good character signed on behalf of the licensing body in that country, or

(bb)where the applicant is not so registered, written evidence of good character signed by the person providing that evidence, that satisfies the Registrar of the applicant’s good character; and

(ii)a declaration of good health signed by—

(aa)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 within the previous 12 months, is able to attest to the matters set out in the declaration, or

(bb)a registered medical practitioner who has undertaken a health assessment of the applicant within the last 12 months;]

[F14(1ZA) For the purpose of paragraph (1)(b) and (c) “a relevant part of the register” means—

(a)where the applicant is applying to be registered as a nurse or midwife, the part of the register in which the applicant is applying to be registered;

(b)where the applicant is applying to be registered as a nursing associate, the nurses’ part of the register or the nursing associates’ part of the register.]

[F15(1ZB) For the purpose of paragraph (1)(e)(i)(bb) written evidence may, in particular, include a reference from an employer, an educational institution, or a person registered with the Council who is personally known to the applicant.]

F16(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(1E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(1F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F17[F18paragraph (1)(a), (b), (ba), (c), (da), (db) or (e)] F19... (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 [F20[F21paragraph (1)(a), (b), (ba), (c), (da), (db) or (e)] F22... (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—

F23...

“relative” in relation to any person means—

(a)

her spouse [F24or civil partner];

(b)

her lineal ancestor, lineal descendent, brother, sister, aunt, uncle, nephew, niece or first cousin of hers or of her spouse [F24or civil partner]; or

(c)

the spouse [F24or civil partner] of any relative mentioned in paragraph (b),

and for the purposes of deducing any such relationship “spouse [F24or civil partner]” includes a former spouse [F24or civil partner], a partner to whom the person is not married, and a partner of the same sex.

Textual Amendments

F1Word in Sch. rule 6(1)(a) omitted (28.1.2019) by virtue of The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(i)

F2Word in Sch. rule 6(1)(a) inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(i)

F3Sch. rule 6(1)(a)(iii) inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(ii)

F4Words in Sch. rule 6(1)(b)(i) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(iii)

F5Sch. rule 6(1)(b)(ii) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(iv)

F6Sch. rule 6(1)(ba) inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(v)

F7Sch. rule 6(1)(c) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(vi)

F8Sch. 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)

F9Sch. rule 6(1)(da)(db) inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(vii)

F10Words 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)

F11Words in Sch. rule 6(1)(e) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(5)(a) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)