The Nursing and Midwifery Order 2001

[F1 PART 2 U.K. General functions of the Council in relation to European professional cards

Textual Amendments

F1 Sch. 2B inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 69 (with reg. 155)

Council not to request resubmission of valid documents U.K.

3.   If a person (“P”) who has already made an application for or in relation to a European professional card makes a subsequent or further application for or in relation to a European professional card, the Council may not request resubmission of documents that are contained in P's IMI file and which are still valid for the purposes of processing P's subsequent or further application.

Power to revoke a European professional card U.K.

4.— (1) The Council may revoke a European professional card issued under this Schedule if it appears to the Council that the person (“P”) to whom the card was issued is not entitled to hold the card.

(2) P is not entitled to hold a European professional card if, in particular, P is subject to a disqualifying decision.

Rectification of the European professional card or the IMI file U.K.

5.— (1) If an automatically recognised nurse (“P”) holds a European professional card issued by the Council, P may, at any time, make a written request to the Council to rectify inaccurate or incomplete data in P's IMI file or to delete or block P's IMI file if it contains inaccurate or incomplete data.

(2) If the Council is satisfied that the data in P's IMI file is inaccurate or incomplete, the Council must comply with a request by P under sub-paragraph (1).

(3) The Council must notify P of P's right under sub-paragraph (1)—

(a) at the time P's European professional card is issued;

(b) within the period ending two years after the date on which the European professional card was issued; and

(c) subsequently at intervals not exceeding two years from the date of the previous notification.

(4) A notification under sub-paragraph (3)(b) or (c) must be sent to P by means of an automatic reminder sent through the IMI.

(5) The Council must not charge P a fee in relation to the making of a written request under sub-paragraph (1) or in relation to complying with, or responding to, such a request.

(6) If—

(a) P's European professional card was issued for the purposes of establishment;

(b) P asks the Council to delete P's IMI file; and

(c) P's host State is the United Kingdom,

the Council must provide P with evidence confirming that the Council recognises P's professional qualifications.

Duty to give reasons and to notify of right of appeal U.K.

6.   If the Council refuses to issue, extend or vary, or decides to revoke, a European professional card under this Schedule, the Council must notify the EPC applicant or the EPC holder of the reasons for that decision and of his or her right of appeal under article 37.

Updating the IMI file: disciplinary actions or criminal sanctions U.K.

7.— (1) This paragraph applies if a person (“P”)—

(a) makes an EPC application to the Council; or

(b) is an EPC holder and P's European professional card was issued by the Council.

(2) The Council must update P's IMI file in accordance with sub-paragraphs (3) and (4) in a timely manner.

(3) The Council must add to P's IMI file information, regarding disciplinary action or criminal sanctions, which—

(a) relates to a prohibition or restriction on P's entitlement to practise as a nurse; or

(b) has consequences for the pursuit of any activities by P, in P's capacity as a nurse.

(4) The Council must delete from P's IMI file information regarding disciplinary action or criminal sanctions that is no longer required.

(5) The Council must immediately inform P and the competent authorities of other relevant European States that have access to P's IMI file of any update under this paragraph.

(6) The information that may be added or deleted under this paragraph must be limited to details of—

(a) P's identity;

(b) information about the national authority or court which has made a decision on a restriction or prohibition applying to P;

(c) the scope of the restriction or prohibition; and

(d) the period for which the restriction or prohibition applies.

Access to data U.K.

8.— (1) The Council may access information on the IMI file of an EPC applicant or an EPC holder, in accordance with [F2 the GDPR], only if the United Kingdom is the home State or the host State of the applicant or the holder.

(2) The Council must provide an EPC applicant or an EPC holder with information on the content of his or her IMI file on request.

Textual Amendments

F2 Words in Sch. 2B para. 8(1) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 284(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Processing data U.K.

9.— (1) The Council may process personal data to which it has access under paragraph 8—

(a) for as long as it is needed for the purposes of recognition of the professional qualifications of the EPC applicant or the EPC holder; and

(b) as evidence of the recognition or transmission of the declaration required as part of the documents submitted under paragraph 12(2).

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3 Sch. 2B para. 9(2) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 284(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)