The Nursing and Midwifery Order 2001

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 2A. Application to nursing associates

3. PART II The Practice Committees

   1. 3. The Nursing and Midwifery Council and its Committees

4. PART III REGISTRATION

   1. 4. Registrar

   2. 5. Establishment and maintenance of register

   3. 5A. Supplementary provisions as to necessary knowledge of English

   4. 6. Register

   5. 6A. Temporary annotations with regard to emergencies involving loss of human life or human illness etc.

   6. 7. The register: supplemental provisions

   7. 8. Access to register etc.

   8. 9. Registration

   9. 9A. Temporary registration in emergencies involving loss of human life or human illness etc

   10. 10. Renewal of registration and readmission

   11. 11. Deemed registration of visiting EEA nurses and midwives

   12. 12. Lapse of registration

   13. 12A. Indemnity arrangements

   14. 13. Approved qualifications

   15. 13ZA. Article 13: further provision relating to specified state professionals

   16. 13A. Transitional provisions relating to admission to the register

   17. 13AA. European qualifications

   18. 14. EEA qualifications

5. PART IV EDUCATION AND TRAINING

   1. 15. Education and training

   2. 16. Visitors

   3. 17. Information to be given by institutions

   4. 18. Refusal or withdrawal of approval of courses, qualifications and institutions

   5. 19. Post-registration training

   6. 20. Wales

6. PART V FITNESS TO PRACTISE

   1. 21. Council’s functions in respect of fitness to practise, ethics and other matters

   2. 21A. Information for specified state professionals

   3. 22. Allegations

   4. 23. Screeners

   5. 24. Screeners: supplementary provisions

   6. 25. Council’s power to require disclosure of information

   7. 26. The Investigating Committee

   8. 26A. Exercise of Investigating Committee functions by the Registrar or officers of the Council

   9. 26B. Review of decisions by the Council

   10. 26C. Exercise of Council functions by the Registrar or officers of the Council

   11. 26D. The Fitness to Practise Committee

   12. 27. The Conduct and Competence Committee

   13. 28. The Health Committee

   14. 28A. Assessment of necessary knowledge of English

   15. 29. Orders of the Fitness to Practise Committee

   16. 30. Review of orders by the Fitness to Practise Committee

   17. 31. Interim Orders by a Practice Committee

   18. 32. Investigation of allegations: procedural rules

   19. 33. Restoration to the register of persons who have been struck off

   20. 34. Legal assessors

   21. 35. Medical assessors

   22. 36. Registrant assessors

7. PART VI APPEALS

   1. 37. Appeals against Registrar’s decisions

   2. 38. Appeals

8. PART VII EEA PROVISIONS

   1. 39. Visiting midwives, and certain visiting nurses, from relevant European States

   2. 39A. Visiting general systems nurses from relevant European States

   3. 39B. European professional card

   4. 39C. Visiting general systems nursing associates from relevant European States

   5. 40. The Directive: designation of competent authority etc.

9. PART VIII MIDWIFERY

   1. 41. The Midwifery Committee

   2. 42. Rules as to midwifery practice

   3. 43. Local supervision of midwives

10. PART IX OFFENCES

    1. 44. Offences

    2. 45. Attendance by unqualified persons at childbirth

11. PART X MISCELLANEOUS

    1. 46. Further provisions

    2. 47. Rules and orders

    3. 48. Exercise of powers by the Privy Council

    4. 49. Default powers of the Privy Council

    5. 50. Annual reports, statistical reports and strategic plans

    6. 51. Finances of the Council

    7. 52. Accounts of the Council

    8. 53. Inquiry by the Privy Council

    9. 54. Supplementary and transitional provisions and extent

    10. 55. Review

12. Signature

13. 1. SCHEDULE 1

       THE NURSING AND MIDWIFERY COUNCIL AND COMMITTEES

       1. PART I THE NURSING AND MIDWIFERY COUNCIL

          1. 1. Membership

          2. 1A. Membership: general

          3. 1B. Matters for the order of the Privy Council under article 3(7A)

          4. 2. . . . . . . . . . ....

          5. 3. . . . . . . . . . ....

          6. 4. . . . . . . . . . ....

          7. 5. . . . . . . . . . ....

          8. 6. . . . . . . . . . ....

          9. 7. . . . . . . . . . ....

          10. 8. Tenure of members

          11. 9. . . . . . . . . . ....

          12. 10. . . . . . . . . . ....

          13. 11. The President

          14. 12. Procedure etc. of Council and committees

          15. 13. (1) In appointing non-Council members to any committee set up...

          16. 14. (1) Decisions of the Council and committees shall be made...

          17. 15. Powers of the Council

          18. 15A. Privy Council functions

       2. PART II THE STATUTORY COMMITTEES

          1. 16. Midwifery Committee

          2. 17. Practice Committees

          3. 18. (1) The members of each Practice Committee shall include registered...

    2. SCHEDULE 2

       TRANSITIONAL PROVISIONS

       1. 1. The initial membership of the Council

       2. 2. The transitional periods

       3. 3. The Members

       4. 4. Tenure of members

       5. 5. Where a member ceases to be a member, the Privy...

       6. 6. The Privy Council shall determine the duration ... of the...

       7. 7. Election Scheme

       8. 8. Appointment of first President

       9. 9. The register

       10. 10. Until such date as the first order under article 6(1)...

       11. 11. Where on the appointed day there are outstanding applications for—...

       12. 12. The entries in the register kept under the 1997 Act...

       13. 13. The Registrar

       14. 14. If the first Registrar ceases to hold office before a...

       15. 15. Functions of the Council during the transitional period

       16. 16. Fitness to practise proceedings

       17. 17. An appeal— (a) under section 12 of the 1997 Act...

       18. 18. Transitional provisions for local supervising authorities

       19. 19. Transfer of staff and property

       20. 20. (1) The Privy Council may by order provide for the...

       21. 21. (1) The Privy Council may by order provide for the...

       22. 22. An order made under paragraph 20(1)(a) or 21(1)(a) may be...

       23. 23. An order made under paragraph 20(1)(a) or 21(1)(a) may apply...

       24. 24. (1) The contract of employment of an employee transferred under...

       25. 25. (1) An order made under paragraph 20(1)(b) or 21(1)(b) may...

    3. SCHEDULE 2A

       VISITING MIDWIVES, AND CERTAIN VISITING NURSES, FROM RELEVANT EUROPEAN STATES

       1. 1. Application and interpretation

       2. 2. In this Schedule— (a) a “ visiting practitioner ” means...

       3. 3. Registration in respect of provision of occasional nursing services or occasional midwifery services

       4. 4. Entitlement to provide occasional nursing services or occasional midwifery services: first year

       5. 5. First provision of services: required documents

       6. 6. (1) Subject to sub-paragraph (3), the evidence referred to in...

       7. 7. Entitlement to provide occasional nursing services or occasional midwifery services after first year: renewals

       8. 8. Duration of entitlement to provide occasional nursing services or occasional midwifery services

       9. 9. Conditions

    4. SCHEDULE 2B

       Directive 2005/36/EC: European professional card

       1. PART 1 General

          1. 1. Introductory

          2. 2. Interpretation

       2. PART 2 General functions of the Council in relation to European professional cards

          1. 3. Council not to request resubmission of valid documents

          2. 4. Power to revoke a European professional card

          3. 5. Rectification of the European professional card or the IMI file

          4. 6. Duty to give reasons and to notify of right of appeal

          5. 7. Updating the IMI file: disciplinary actions or criminal sanctions

          6. 8. Access to data

          7. 9. Processing data

       3. PART 3 European professional cards for establishment in the United Kingdom or another relevant European State

          1. 10. European professional cards for establishment in a host State other than the United Kingdom

          2. 11. Issue of European professional card for establishment in the United Kingdom

       4. PART 4 European professional cards for the provision of occasional nursing services in a relevant European State other than the United Kingdom

          1. 12. Issue of European professional card for the provision of occasional nursing services in a host State other than the United Kingdom

          2. 13. Variation of a European professional card for the provision of occasional nursing services in a host State other than the United Kingdom

       5. PART 5 European professional card: requirements and entitlements as to registration

          1. 14. Requirement to register: establishment cases

          2. 15. Entitlement to registration: provision of occasional nursing services

       6. PART 6 Conditions in relation to fitness to practise

          1. 16. Conditions in relation to fitness to practise: providers of occasional nursing services

    5. SCHEDULE 3

       DIRECTIVE 2005/36: FUNCTIONS OF THE COUNCIL UNDER ARTICLE 40(2)

    6. SCHEDULE 4

       INTERPRETATION

    7. SCHEDULE 5

       CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION

       1. 1. The Parliamentary Commissioner Act 1967 (c. 13)

       2. 2. Medicines Act 1968 (c. 67)

       3. 3. The Fair Trading Act 1973 (c. 41)

       4. 4. The House of Commons Disqualification Act 1975 (c. 24)

       5. 5. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

       6. 6. National Health Service Act 1977 (c. 49)

       7. 7. The Interpretation Act 1978

       8. 8. The Registered Homes Act 1984 (c. 23)

       9. 9. The Video Recordings Act 1984 (c. 39)

       10. 10. Children Act 1989 (c. 41)

       11. 11. The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (NI 20))

       12. 12. The Value Added Tax Act 1994 (c. 23)

       13. 13. Employment Rights Act 1996 (c. 18)

       14. 14. Data Protection Act 1998 (c. 29)

       15. 15. Government of Wales Act 1998 (c. 38)

       16. 16. The Health Act 1999 (c. 8)

       17. 17. Freedom of Information Act 2000 (c. 36)

14. Explanatory Note