I1I2I4I5I6In this Order, unless the context otherwise requires—

• “the 1997 Act” means the Nurses, Midwives and Health Visitors Act 19977;

• F3...

• F4...

• F5...

• F6...

• F23...

• “application for restoration” has the meaning given to it in article 33;

• F27“appropriate cover” is to be construed in accordance with article 12A(3);

• “approved course of education or training” means a course approved under article 15(6)(a);

• “approved qualification” has the meaning given to it in articles 13 and 15;

• F7...

• F8“competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—

  1. a

     receive or issue evidence of qualifications or other information or documents, or

  2. b

     receive applications and take the decisions referred to in the Directive,

  in connection with the practice of nursing or midwifery;

• F23...

• F23...

• “the Council” means the Nursing and Midwifery Council established under article 3;

• F9“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications, and references in this Order to the Directive or to any provision of the Directive are references to the Directive, or to that provision of the Directive, as amended from time to time;

• F10...

• F11...

• F12...

• F13“exempt person”, in relation to the profession of nursing or in relation to the profession of midwifery, means—

  1. a

     a national of a relevant European State other than the United Kingdom;

  2. b

     a national of the United Kingdom who is seeking access to, or is pursuing, the profession by virtue of an enforceable F25EU right; or

  3. c

     a person who is not a national of a relevant European State but who is, by virtue of an enforceable F25EU right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;

• F14“General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007;

• F27“indemnity arrangement” is to be construed in accordance with article 12A(2);

• F24“lay member” shall be construed in accordance with paragraph 1A(1)(b) of Schedule 1;

• “lay person” means, in relation to Screeners, a person who is not and never has been a member of a health or social care profession which is regulated under any enactment;

• “licensing body” means a regulatory body which has the function of authorising persons to practise a health or social care profession;

• “local supervising authority” means—

  1. a

     F1in England, F26the National Health Service Commissioning Board;

  2. aa

     in Wales, Health Authorities established under section 8 of that Act;

  3. b

     in Scotland, Health Boards; and

  4. c

     in Northern Ireland, Health and Social Services Boards;

• F15...

• “national”, in relation to F16a relevant European State, means the same as it does for the purposes of the F25EU Treaties F2but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from F25EU provisions relating to the free movement of persons and services.;

• F23...

• F28“the necessary knowledge of English”—

  1. a

     in relation to a person registered, or applying to be registered, as a nurse means a knowledge of English which is necessary for the safe and effective practice of nursing in the United Kingdom;

  2. b

     in relation to a person registered, or applying to be registered, as a midwife means a knowledge of English which is necessary for the safe and effective practice of midwifery in the United Kingdom;

• F17...

• “parties”, except in respect of article 53, means the Council and the person concerned except in respect of article 37 when it includes the Registrar;

• “Practice Committees” means the Investigating Committee, the Conduct and Competence Committee and the Health Committee;

• “practising” means working as a registered nurse or midwife;

• “prescribed” means prescribed in rules made by the Council;

• “the professions regulated under this Order” means the professions of nursing and midwifery;

• “register” means the register established and maintained under article 5;

• “registrant” means a member of the profession of nursing or midwifery who has been admitted to the register maintained under article 5;

• F23...

• “Registrar” means the person appointed under article 4;

• F18“relevant European State” means an EEA State or Switzerland;

• “Screeners” means persons appointed under article 23;

• F19...

• F20...

• “standards of proficiency” means the standards established by the Council under article 5(2);

• “statutory committees” has the meaning given to it in article 3(10);

• F21...

• “United Kingdom country” means England, Scotland, Wales or Northern Ireland.

• F22“visiting nurse or midwife from a relevant European State” means a nurse or midwife registered in exercise of entitlement under article 39A (visiting general systems nurses from relevant European States) or Schedule 2A (visiting midwives, and certain visiting nurses, from relevant European States); and

• “visitors” means persons appointed under article 16.