The Nursing and Midwifery Order 2001

Changes over time for: SCHEDULE 4

Version Superseded: 31/12/2020

Status:

Point in time view as at 28/01/2019.

Changes to legislation:

There are currently no known outstanding effects for the The Nursing and Midwifery Order 2001, SCHEDULE 4.

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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);

F1...

F2...

F3...

F4...

F5...

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

[F6“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;

F7...

[F8“competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—

(a)

receive or issue evidence of qualifications or other information or documents, or

(b)

receive applications and take the decisions referred to in the Directive,

[F9in connection with practice as a nurse, midwife or nursing associate];]

F5...

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

F10...

[F11“Directive 2002/58/EC” means Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended from time to time;]

[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, and references in this Order to the Directive or to any provision of the Directive are references to the Directive, or to that provision of the Directive, as amended from time to time;]

F13...

F14...

F15...

[F11“European professional card” has the meaning given in the Directive;]

[F16“exempt person”, [F17in relation to the profession of a nurse, midwife or nursing associate,] means—

(a)

a national of a relevant European State other than the United Kingdom;

(b)

a national of the United Kingdom who is seeking access to, or is pursuing, the profession by virtue of an enforceable [F18EU] right; or

(c)

a person who is not a national of a relevant European State but who is, by virtue of an enforceable [F18EU] right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;]

[F19“General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015;]

[F11“IMI” means the Internal Market Information System, the online, secure messaging system developed by the European Commission;]

[F11“IMI file” means a secure personal account in the IMI that is created in relation to an applicant for a European professional card by means of an online tool provided by the European Commission;]

[F6“indemnity arrangement” is to be construed in accordance with article 12A(2);]

[F20“lay member” shall be construed in accordance with paragraph 1A(1)(b) of Schedule 1;]

F21...

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

F22...

F23...

“national”, in relation to [F24a relevant European State], means the same as it does for the purposes of the [F18EU] Treaties [F25but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from [F18EU] provisions relating to the free movement of persons and services.];

F5...

[F26“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)

[F27in 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;]]

F28...

“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;

[F29“Practice Committees” has the meaning given to it in article 3(10);]

[F30“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;

[F31“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;

[F32“registrant” means a nurse, midwife or nursing associate who has been admitted to the register maintained under article 5;]

F5...

“Registrar” means the person appointed under article 4;

[F33“relevant European State” means an EEA State or Switzerland;]

F34...

F35...

F36...

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

F37...

F38...

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

[F39“visiting nurse, midwife or nursing associate from a relevant European State” means a nurse or midwife registered in exercise of entitlement under article 39A (visiting general systems nurses from relevant European States) or Schedule 2A (visiting midwives, and certain visiting nurses, from relevant European States) or, a nursing associate registered in exercise of entitlement under article 39C (visiting general systems nursing associates from relevant European States);]

“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)

F5Words in Sch. 4 omitted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by virtue of The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 11(a)

F6Words in Sch. 4 inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 29

F7Words 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(e)

F8Words in Sch. 4 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(f)

F9Words in Sch. 4 substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 32(a)

F10Words in Sch. 4 omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 286 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)