40.—(1) The Council is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the professions of nurse responsible for general care and midwife.
(2) Accordingly, the Council shall in the United Kingdom carry out (in particular) the functions specified in Schedule 3.
(3) The Council is designated as the competent authority in the United Kingdom for the award of—
(a)evidence of formal qualifications of nurses responsible for general care listed in relation to the United Kingdom in Annex V, point 5.2.2 of the Directive; and
(b)evidence of formal qualifications of midwives listed in relation to the United Kingdom in Annex V, point 5.5.2 of the Directive.
(4) Subject to paragraph (5), the Secretary of State may give directions to the Council in connection with its functions specified in Schedule 3, and it shall be the duty of the Council to comply with any such directions.
(5) Directions given under paragraph (4) may be as to matters of administration only.
(6) In Schedule 3—
[F2“the GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), read with Chapter 2 of Part 2 of the Data Protection Act 2018;]
“non-UK nursing qualification” means a nursing qualification that—
attests to satisfaction of the training conditions specified in article 31 of the Directive (training of nurses responsible for general care), and
is awarded to a person by a competent authority of a relevant European State other than the United Kingdom;
“non-UK midwifery qualification” means a midwifery qualification that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom;
“UK nursing qualification” means a nursing qualification that—
attests to satisfaction of the training conditions specified in article 31 of the Directive, and
is awarded to a person by a competent authority in the United Kingdom;
“UK midwifery qualification” means a qualification that is awarded to a person by a competent authority in the United Kingdom.]
Textual Amendments
F1Art. 40 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 170
F2Words in art. 40(6) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 283 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Commencement Information