The Health Care and Associated Professions (Knowledge of English) Order 2015

Registration of nurses and midwives

34.—(1) Article 9 (registration)(1) is amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (b), for “nurse or midwife; and” substitute “nurse or midwife;”;

(b) after sub-paragraph (b) insert—

“(ba) satisfies the Registrar that he has the necessary knowledge of English; and”.

(3) After paragraph (3A)(2) insert—

“(3B) Paragraph (3C) applies if—

(a) the Registrar is satisfied that the applicant falls within article 13(1)(b), (c) or (e) but not within article 13(1A); and

(b) the applicant has paid the prescribed fee under paragraph (2)(c); but

(c) the Registrar decides to make a request under article 5A(4).

(3C) The Registrar must notify the applicant that the Registrar recognises that the applicant, by virtue of falling within article 13(1)(b), (c) or (e), but not within article 13(1A), is entitled to be registered in a part of the register, subject to meeting any other requirements for registration.”.

(4) In paragraph (5), insert at the beginning “Subject to paragraph (5ZA),”.

(5) After paragraph (5) insert—

“(5ZA) In calculating any period of time for the purposes of paragraph (5), the following are to be disregarded—

(a) any period which begins on the date on which the Registrar makes a request under article 5A(4) and ends on the date on which the applicant complies with the request; and

(b) any period which begins on the date on which the Registrar requires the applicant to undergo an examination or other assessment under article 5A(6)(a) and ends on the date on which the applicant complies with the requirement under article 5A(6)(b).”.

(6) After paragraph (5A) insert—

“(5B) A document that is requested or required under article 5A(4) or (6)(b) is not to be treated as missing for the purposes of this article.”.

(7) In paragraph (6), after “Registrar’s decision” insert “, including a decision for the purposes of paragraph (3B)(a) that the Registrar is not satisfied that the applicant falls within article 13(1)(b), (c) or (e) and not within article 13(1A),”.

(1)

Article 9 has been previously amended by S.I. 2007/310 and 2014/1887.

(2)

Paragraph (3A) was inserted by S.I. 2007/3101.