The Nurses, Midwives and Health Visitors (Admission to the Register and Training) Amendment Rules Approval Order 1996

Amendment of the principal Rules

2.—(1) The principal Rules shall be amended in accordance with the following paragraphs of this rule.

(2) In rule 7 (admission to the register following professional qualification in a Member State of the European Communities)—

(a) in the title for “a member State of the European Communities” there is substituted “an EEA State other than the United Kingdom”;

(b) in paragraph (1) for the words “A national of a member State of the European Communities” there are substituted the words “A national of an EEA State to whom rule 6 does not apply”; and

(c) after paragraph (1), there is added—

“(2) Any person who—

(a) is not a national of an EEA State but who has a qualification referred to in section 11(3)(b) of the Act(1); and

(b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68(2), or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,

shall be treated for the purposes of paragraph (1) above as if she were such a national.”.

(3) In rule 8(4) (admission to the register following training outside the United Kingdom), after the words “satisfy the Council” there is inserted “, unless she is exempt from this requirement,”.

(4) After paragraph (4) of rule 8 there is added the following paragraph—

“(5) For the purposes of this rule a person is exempt from the requirement in paragraph (4) above if—

(a) she is a national of an EEA State; or

(b) she is not a national of an EEA State but is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, the profession of midwifery or the profession of health visiting, no less favourably than such a national.”.

(5) In rules 14A(13)(a) and 18(4) (education and training for admission to Parts of the register) in the definition of “Nursing Directive” after the word “care” there are inserted the words “as amended by Council Directive No. 89/595/EEC(3) ”.

(6) In rule 27 (interpretation of Part V relating to midwives) in the definition of “Midwives Directive” after the word “midwives” there are inserted the words “as amended by Council Directive No. 89/594/EEC(4) ”.

(1)

Section 11 has been amended by S.I. 1996/3101.

(2)

O.J. No. L257, 19.10.68, p. 1 (amended by Council Regulation (EEC) No. 312/76, O.J. No. L39, 14.2.76, p. 2).

(3)

O.J. No. L341, 23.11.89, p. 30.

(4)

O.J. No. L341, 23.11.89, p. 19.