16.—(1) The Council may appoint persons (“visitors”) to visit any place at which or institution by which or under whose direction—
(a)any relevant course of education or training is, or is proposed to be, given;
(b)any examination or other assessment is, or is proposed to be, held in connection with any such course;
(c)any test of competence is, or is proposed to be, conducted in connection with any such course or for any other purposes connected with this Order.
(2) For the purposes of this article and article 18, the words “any test of competence” includes an assessment to establish the level of a person’s knowledge of written or spoken English.
(3) In this article, “relevant course of education or training” means any course of education or training which forms, or is intended to form, part of an approved course of education or training or any course which a registrant may be required to undergo after registration in accordance with rules made by the Council.
(4) No visitor may exercise his functions under this Order in relation to—
(a)any place at which he regularly gives instruction in any subject; or
(b)any institution with which he has a significant connection.
[F1(5) A person is not to be prevented from being a visitor merely because he is a member of the Council, or any of its committees, but he may not be a visitor if he is employed by the Council.
(6) Visitors are to be selected with due regard to the profession with which the education and training they are to report on is concerned and subject to paragraph (6A), at least one of the visitors must be registered in that part of the register which relates to that profession.
(6A) At least one of the visitors who are to report on the education and training of nursing associates shall be registered in the nurses’ or the nursing associates’ parts of the register.]
(7) Where a visitor visits any place or institution in the exercise of his functions under this article, he shall report to the Council—
(a)on the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at that place or by that institution; and
(b)on such other matters (if any) as it requires.
(8) Requirements of the kind mentioned in paragraph (7)(b) may be imposed by the Council—
(a)generally in relation to all visits made to a specified kind of place or institution or in respect of a specified type of course; or
(b)specifically in relation to a particular visit.
(9) Where a visitor reports to the Council in accordance with paragraph (7), the Council shall on receipt of the report—
(a)send a copy of it to the institution concerned; and
(b)notify that institution of the period within which it may make observations on the report.
(10) The period specified by the Council in a notice given under sub-paragraph (b) of paragraph (9) shall be not less than one month beginning with the date on which a copy of the report is sent to the institution concerned under sub-paragraph (a) of paragraph (9).
(11) The Council shall not take any steps in the light of any report made under paragraph (7) before the end of the specified period mentioned in paragraph (10).
(12) The Council shall publish such reports together with, on the request of the institution concerned, the response of that institution to the report.
(13) The Council may make such provision in respect of visitors as it may determine—
(a)for the payment of fees and allowances, including the payment of allowances to employers of visitors for the purposes of enabling visitors to perform functions under this article;
(b)for the reimbursement of such expenses as visitors may reasonably have incurred in the course of carrying out their functions under this article.
Textual Amendments
F1Art. 16(5)-(6A) substituted for art. 16(5)(6) (12.7.2018) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(2)(b), Sch. 1 para. 14
Commencement Information