The Nursing and Midwifery Order 2001

Registration U.K.

9.—(1)  [F1 Subject to paragraph (7), a person] seeking admission to a part of the register must apply to the Council and, subject to the provisions of this Order, if he satisfies the conditions mentioned in paragraph (2) he shall be entitled to be registered in that part.

(2) Subject to paragraph (3), the conditions are that the application is made in the prescribed form and manner and that the applicant—

(a) satisfies the Registrar that he holds an approved qualification awarded—

(i) within such period, not exceeding five years ending with the date of the application, as may be prescribed, or

(ii) before the prescribed period mentioned in head (i), and he has met such requirements as to additional education, training and experience as the Council may specify under article 19(3) and which apply to him;

(b) satisfies the Registrar in accordance with the Council’s requirements mentioned in article 5(2) that he is capable of safe and effective practice as a nurse or midwife; and

(c) has paid the prescribed fee.

(3) Where the applicant is already registered in the register and wishes to be registered in an additional part of the register or to have additional entries recorded, paragraph (2)(a) shall apply only to the qualifications on which his application is based.

[F2 (3A) Where an exempt person makes an application under paragraph (1), the Registrar, within the period of one month beginning with the date of receipt of the application, must—

(a) acknowledge receipt of the application; and

(b) inform the applicant of any missing document required for the purposes of the application.]

[F3 (4) Where a person makes an application under paragraph (1), the Registrar must, as soon as reasonably practicable and in any event within the specified period, notify the applicant in writing—

(a) of the result of the application; and

(b) if the Registrar refuses the application, of the reasons for the decision, and of the applicant's right of appeal.

(5) In paragraphs (4) and (6) “the specified period”—

(a) except in a case specified in sub-paragraph (b), means the period of three months beginning with the relevant date;

(b) in the case of an application by a person seeking registration in the register on the basis that he is to be regarded as having an approved qualification by virtue of falling within article 13(1)(e) or (f), means the period of four months beginning with the relevant date.

(5A) The “relevant date”, in relation to an application, is—

(a) the date when the Registrar receives the application; or

(b) if any document required for the purposes of the application is missing when the Registrar receives the application, the date on which the Registrar first has all the documents required for those purposes.]

(6) Failure to notify the applicant of the Registrar’s decision within [F4 the specified period] shall be treated as a decision from which the applicant may appeal under article 37.

[F5 (7) This article does not apply to a person who seeks registration in exercise of entitlement under article 39A or Schedule 2A (visiting nurses and midwives from relevant European States).]

Textual Amendments

F1 Words in art. 9(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 159(a)

F2 Art. 9(3A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 159(b)

F3 Art. 9(4)-(5A) substituted for art. 9(4) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 159(c)

F4 Words in art. 9(6) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 159(d)

F5 Art. 9(7) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 159(e)

Commencement Information

I1 Art. 9(2)(a)(i) in force at 5.3.2004 for specified purposes as notified in the London Gazette (Issue 57218, published 27.2.2004), see art. 1(2)(3)

I2 Art. 9 in force at 1.8.2004 in so far as not already in force as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)