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- Point in Time (28/01/2019)
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Version Superseded: 31/12/2020
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9.—(1) [F1Subject 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;
[F2(aa)satisfies the Registrar that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 12A, appropriate cover under an indemnity arrangement;]
(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 [F3as a nurse, midwife or nursing associate];
[F4(ba)satisfies the Registrar that he has the necessary knowledge of English; 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.
[F5(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.]
[F6(3B) Paragraph (3C) applies if—
(a)the Registrar is satisfied that the applicant falls within [F7article 13(1)(b), (c), (e) or (f)] 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 [F8article 13(1)(b), (c), (e) or (f)], 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.]
[F9(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) [F10Subject to paragraph (5ZA),] 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.
[F11(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).]
(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.]
[F12(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.]
(6) Failure to notify the applicant of the Registrar’s decision [F13, including a decision for the purposes of paragraph (3B)(a) that the Registrar is not satisfied that the applicant falls within [F14article 13(1)(b), (c), (e) or (f)] and not within article 13(1A),] within [F15the specified period] shall be treated as a decision from which the applicant may appeal under article 37.
[F16(7) This article does not apply to a person who seeks registration in exercise of an entitlement under article 39A (visiting general systems nurses from relevant European States), article 39C (visiting general systems nursing associates from relevant European States) or Schedule 2A (visiting midwives, and certain visiting nurses, from relevant European States).]
Textual Amendments
F1Words 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)
F2Art. 9(2)(aa) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 24
F3Words in art. 9(2)(b) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 8(a)
F4Art. 9(2)(ba) inserted (18.1.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 34(2)(b); S.I. 2015/1451, art. 4
F5Art. 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)
F6Art. 9(3B)(3C) inserted (18.1.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 34(3); S.I. 2015/1451, art. 4
F7Words in art. 9(3B)(a) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 8(b)
F8Words in art. 9(3C) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 8(b)
F9Art. 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)
F10Words in art. 9(5) inserted (18.1.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 34(4); S.I. 2015/1451, art. 4
F11Art. 9(5ZA) inserted (18.1.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 34(5); S.I. 2015/1451, art. 4
F12Art. 9(5B) inserted (18.1.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 34(6); S.I. 2015/1451, art. 4
F13Words in art. 9(6) inserted (18.1.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 34(7); S.I. 2015/1451, art. 4
F14Words in art. 9(6) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 8(b)
F15Words 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)
F16Art. 9(7) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 8(c)
Commencement Information
I1Art. 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)
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