The Nursing and Midwifery Order 2001

PART VII U.K. EEA PROVISIONS

[F1 Visiting midwives, and certain visiting nurses, from relevant European States U.K.

39.   Schedule 2A (visiting midwives, and certain visiting nurses, from relevant European States) shall have effect.]

Textual Amendments

F1 Art. 39 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 168

Commencement Information

I1 Art. 39 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

[F2 Visiting general systems nurses from relevant European States U.K.

39A.— (1) This article applies to an exempt person (“V”)—

(a) who is lawfully established as a nurse in a relevant European State other than the United Kingdom (“State A”); and

(b) who seeks to provide, or is providing, nursing services in the United Kingdom of a kind which are provided, in the United Kingdom, by nurses admitted to—

(i) sub-part 1 of the nurses' part of the register whose field of practice is mental health nursing, learning disabilities nursing or children's nursing, or

(ii) sub-part 2 of the nurses' part of the register.

(2) Paragraph (3) applies if V has the benefit of regulation [F3 12] of the General Systems Regulations in connection with the provision by V of nursing services in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of nursing services).

(3) V is entitled to be registered in the appropriate part of the register; and the Registrar shall give effect to the entitlement.

(4) If V is entitled under paragraph (3) to be registered, but is not registered in the appropriate part of the register, V shall be treated as being registered in that part.

(5) V's entitlement under paragraph (3) ceases if V ceases, whether as a result of the operation of regulation [F4 24] of the General Systems Regulations or otherwise, to have the benefit of regulation [F5 12] of those Regulations in connection with the provision by V of nursing services in the United Kingdom on a temporary and occasional basis.

(6) If—

(a) V's entitlement under paragraph (3) ceases by reason of the operation of paragraph (5), and

(b) V is registered,

the Registrar may remove V's name from the register.

(7) Paragraph (8) applies if—

(a) V's establishment in State A is subject to a condition relating to V's practice as a nurse,

(b) V's name is registered in the appropriate part of the register, and

(c) for any of the purposes of this Order it falls to be decided whether V's fitness to practise is or may be impaired on the ground of misconduct.

(8) The matters that may be counted as misconduct include (in particular) any act or omission by V during the course of the provision by V of nursing services in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice as a nurse outside State A, a breach of the condition.

(9) In paragraphs (7) and (8) “condition” includes limitation.

(10) Paragraphs (1) to (6) are not to be taken to prejudice the application, in relation to registrants, of any other provision of this Order under which a registered nurse's name may be removed from the register or under which a registered nurse's registration may be suspended.]

Textual Amendments

F2 Art. 39A inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 169

F3 Word in art. 39A(2) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 65(2) (with reg. 155)

F4 Word in art. 39A(5) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 65(3)(a) (with reg. 155)

F5 Word in art. 39A(5) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 65(3)(b) (with reg. 155)

[F6 European professional card U.K.

39B.— (1) Schedule 2B of this Order (Directive 2005/36/EC: European professional card) has effect.

(2) The Council may charge a reasonable fee to cover the costs of processing an application for or in relation to a European professional card under Schedule 2B.

[F7 (3) For the purposes of Schedule 2B, “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.]]

Textual Amendments

F6 Art. 39B inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 66 (with reg. 155)

F7 Art. 39B(3) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 282 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[F8 The Directive: designation of competent authority etc. U.K.

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—

[F9 “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—

(a)

attests to satisfaction of the training conditions specified in article 31 of the Directive (training of nurses responsible for general care), and

(b)

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—

(a)

attests to satisfaction of the training conditions specified in article 31 of the Directive, and

(b)

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

F8 Art. 40 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 170

F9 Words 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

I2 Art. 40 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)