PART IIIU.K.REGISTRATION

RegistrationU.K.

9.—(1) [F1[F2A] 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;

[F3(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 [F4as a nurse, midwife or nursing associate];

[F5(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.

F6(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(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.

[F8(4A) Where a specified state professional makes an application under paragraph (1), the Registrar must—

(a)give the applicant adequate time to complete the requirements and procedures of the application process;

(b)within the period of one month beginning with the date when the Registrar receives the application—

(i)acknowledge receipt of the application;

(ii)inform the applicant of any missing document required for the purposes of the application; and

(c)deal promptly with the application.]

(5) [F9Subject to paragraph (5ZA),] in paragraphs (4) and (6) [F10“the specified period” means [F11—

(a)where A holds a specified state qualification, the period of four months beginning with the relevant date;

(b)in any other case, the period of three months beginning with that date.]]

[F12(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.]

[F13(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 F14... within [F15the specified period] shall be treated as a decision from which the applicant may appeal under article 37.

F16(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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)

I2Art. 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)