The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004

Restoration to the register: applications made before 1st August 2004

9.—(1) This article applies where a person whose name has been removed from the old register—

(a) in a case that was a case relating to conduct, in the circumstances described in rule 2(1)(a) of the Conduct Rules; or

(b) in a case that was a case relating to health, in the circumstances described in rule 2(1)(b) of the Conduct Rules,

has applied before 1st August 2004 to be restored to the register or any part of it pursuant to section 10 of the Act and rule 22 or 49 of the Conduct Rules but at 1st August 2004 a decision has not been made on the application.

(2) Subject to paragraph (4), the Council shall continue to deal with the application referred to in paragraph (1), and a decision shall be made on it—

(a) in accordance with the Conduct Rules as if they were still in force; or

(b) in such manner as the Council considers just.

(3) The application shall be construed, where necessary, as an application to be registered in the part of the register which is listed in column 2 of Schedule 2 to the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 opposite the part of the old register set out in column 1 of that Schedule in which she was registered immediately before being removed from the old register.

(4) A committee dealing with the application may not make restoration to the register subject to limitations imposed pursuant to rule 22(11) or 49(10) of the Conduct Rules but may—

(a) make the granting of an application for restoration subject to the applicant satisfying such requirements as to additional education or training and experience as the Council has specified under article 19(3) of the Order and which apply to her; and

(b) on granting an application for restoration, make a conditions of practice order under article 33(7)(b) of the Order in respect of her.

(5) The provisions of articles 29 and 30 of the Order shall have effect in relation to a conditions of practice order made pursuant to paragraph (4)(b) as they have effect in relation to any other conditions of practice order made under article 33(7)(b) of the Order.

(6) If the application for restoration referred to in paragraph (1) is refused article 33(9) to (11) of the Order shall apply to any subsequent application for restoration as if the applicant had been struck off the register by virtue of an order made by a Practice Committee or the court and as if the application were an application referred to in paragraph (1) of that article.