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The Nursing and Midwifery Order 2001

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Article 3

SCHEDULE 1U.K.THE NURSING AND MIDWIFERY COUNCIL AND COMMITTEES

Modifications etc. (not altering text)

PART IU.K.THE NURSING AND MIDWIFERY COUNCIL

MembershipU.K.

1.—(1) The Council shall consist of—

(a)12 members who are appointed by the Council on being elected under the election scheme made under paragraph 2 (referred to in this Order as “registrant members”);

(b)11 members who are appointed by the Privy Council (referred to in this Order as “lay members”);

(c)[F1subject to sub-paragraph (2A),] 12 members appointed by the Council on being elected under the election scheme made under paragraph 2 (referred to in this Order as “alternate members”).

(2) [F2Subject to sub-paragraph (2A),] the Council shall appoint an alternate member for each registrant member.

[F3(2A) The Council need not appoint an alternate member for a particular registrant member, where to do so would require it to hold a by-election, and in these circumstances there shall be no alternate member for that registrant member (and the number of alternate members of the Council shall be reduced accordingly) unless or until an election (including a by-election) needs to be held to replace that registrant member.]

(3) An alternate member shall have the same functions as a registrant member but he may attend a Council meeting in his capacity as an alternate member and vote, only if his corresponding registrant member is unable to do so.

(4) The Council shall appoint an elected candidate to be a registrant member or alternate member in accordance with criteria set out in the election scheme made under paragraph 2.

Textual Amendments

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

2.—(1) The Council shall provide in rules for an election scheme to elect the registrant members and alternate members and may provide in the rules for by-elections.

(2) The election scheme shall provide that—

(a)a person seeking election—

(i)is registered in the part of the register for which he seeks election but no person may be elected for more than one part of the register at a time,

(ii)in respect of a national constituency, lives or works wholly or mainly in that national constituency,

(iii)is not the subject of any allegation, investigation or proceedings concerning his fitness to practise, and

(iv)is wholly or mainly engaged in the practice, teaching or management of the profession in respect of which he is registered and seeks election or in research in those fields;

(b)[F4subject to paragraph 1(2A),] at least one registrant member and one alternate member shall be appointed from each part of the register and the number of members from each part shall be equal;

(c)at least one member shall be elected from each of the national constituencies for each part of the register;

(d)a person may only vote—

(i)in respect of one part of the register,

(ii)for candidates who represent a part of the register in which he is registered at the time of the election, and

(iii)for a candidate seeking election for the constituency in which he wholly or mainly lives or works or, if he does not wholly or mainly live or work in any constituency, the constituency he has selected F5...;

(e)a person may vote even if he lives or works outside the United Kingdom;

(f)where someone ceases to be a registrant member or alternate member a replacement shall, subject to [F6paragraphs 1(2A) and 7(3)], be appointed by the Council.

(3) The Council shall provide such information and advice for voters and candidates about the purpose and conduct of the elections as it considers appropriate.

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 18.7.2005 as notified in the London Gazette (Issue 57697, published 8.7.2005), see art. 1(2)(3)

3.  Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or the register kept under the 1997 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I3Sch. 1 para. 3 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

4.  Of the members appointed by the Privy Council, there shall be at least one appointed from each country of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I4Sch. 1 para. 4 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

5.  On a proposal from the Council or otherwise, the Privy Council may by order vary the size or composition of the Council, provided that—

(a)the number of registrant members constitutes no less than half the total number of members and the number of registrant members does not exceed the number of lay members by more than one;

(b)the members live or work wholly or mainly in the United Kingdom;

(c)there is at least one registrant member and one alternate member from each part of the register, and the number of registrant and alternate members from each part is equal;

(d)the registrant and alternate members appointed in respect of each part of the register include at least one member appointed from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned;

(e)the members who are not registered professionals include at least one member appointed from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I5Sch. 1 para. 5 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

6.  Where a member appointed by the Privy Council ceases to be a member, the Council shall inform the Privy Council and, subject to paragraph 7(3), the Privy Council shall replace him.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I6Sch. 1 para. 6 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

7.—(1) Where a member does not complete his term of office, his successor shall be appointed for the remainder of the unexpired term—

(a)in the case of registrant and alternate members, by the Council; and

(b)in the case of lay members, by the Privy Council.

(2) In this paragraph “the unexpired term” means the period beginning with the date on which the member ceased to be a member and ending with the date on which his full term of office would have expired.

(3) If the unexpired term is less than twelve months, the vacancy need not be filled.

(4) In the case of a registrant member or alternate member, the person appointed for the unexpired term shall be registered in the same part of the register and live or work wholly or mainly in the same country of the United Kingdom as the member he is to replace.

Commencement Information

I1Sch. 1 para. 1 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I7Sch. 1 para. 7 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

Tenure of membersU.K.

8.—(1) [F7Subject to sub-paragraphs (1A) and (1B),] each member’s term of office will be for a period of 4 years.

[F8(1A) The term of office of any registrant or alternate member who holds office on 31st July 2008 shall expire at the end of 31st July 2010 or on the coming into force of the first order of the Privy Council under article 3(7A), whichever is the sooner.

(1B) The full term of office of any registrant or alternate member who ceases to be a member before 31st July 2008 and whose vacancy remains unfilled at the end of 31st July 2008 shall, for the purposes of paragraph 7(2), be treated as if it would have expired at the end of 31st July 2010 or on the coming into force of the first order of the Privy Council under article 3(7A), whichever is the sooner.]

(2) A person shall be removed from office as a Council member if—

(a)there is a change in his qualifications, interests or experience such that it appears to the Privy Council that he will no longer contribute to the Council’s exercise of its functions in such a manner as justifies his continued membership.

(b)he ceases to live or work wholly or mainly in the United Kingdom or, if he has been appointed—

(i)in the case of a registrant or alternate member, as a member in respect of one of the national constituencies, or

(ii)in the case of a lay member, as a member in respect of one of the countries of the United Kingdom,

in that national constituency or country;

(c)he ceases to be registered in the part of the register in respect of which he was appointed;

(d)he ceases to be wholly or mainly engaged in the practice, teaching or management of the profession for which he is registered and in respect of which he was appointed or in the research mentioned in paragraph 2(2)(a)(iv);

(e)an order has been made against him by a Practice Committee;

(f)he is removed by a majority of at least two-thirds of the other members of the Council because of a serious and persistent deficiency in his attendance at meetings or in his conduct or performance at meetings;

(g)such other circumstances as may be provided for by the Council in standing orders occur.

Textual Amendments

Commencement Information

I8Sch. 1 para. 8(1) in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

I9Sch. 1 para. 8(2) in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

9.  A member may resign at any time by notice in writing addressed to the Registrar.

Commencement Information

I10Sch. 1 para. 9 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

10.  No member may be appointed for more than three consecutive terms.

Commencement Information

I11Sch. 1 para. 10 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

The PresidentU.K.

11.—(1) The members of the Council shall elect a President from among themselves for a term of four years.

(2) The President shall hold office until whichever of the following first occurs—

(a)he resigns as President;

(b)he ceases to be a member of the Council;

(c)he is removed by a majority vote of the other members of the Council.

(3) A person shall not be prevented from being elected President merely because he has previously been President.

(4) The President may resign the office of President at any time by notice in writing addressed to the Registrar.

Commencement Information

I12Sch. 1 para. 11 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

Procedure etc. of Council and committeesU.K.

12.—(1) Subject to any provision made by or under this Order and, subject to paragraph 16, the Council shall make standing orders in respect of the Council, its committees and sub-committees, but not in respect of any of the Practice Committees, to provide for—

(a)the quorum at meetings, which shall in the case of meetings of the Council include at least one member appointed from each country of the United Kingdom who shall live or work wholly or mainly in the country in respect of which he is appointed;

(b)the procedure at meetings;

(c)establishing standards for the education and training, attendance and performance of members;

(d)the composition of any of its committees and sub-committees;

(e)the chairman of each of its committees to be a Council member;

(f)the procedure by which a person is removed from office under paragraph 8(2);

(g)the functions of its officers; and

(h)circumstances in which meetings are to be in private.

Commencement Information

I13Sch. 1 para. 12 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

13.—(1) In appointing non-Council members to any committee set up under article 3(12) the Council shall have regard, where appropriate and subject to the other provisions of this Order, to the guidance issued by the Commissioner for Public Appointments.

(2) The Council shall ensure that such members of the committee who are not Council members shall have such qualifications, interests or experience as, in the opinion of the Council, are relevant to the field with which the committee is mainly concerned.

(3) The Council shall—

(a)establish and maintain a system for the declaration and registration of private interests of its members and other members of its committees and sub-committees; and

(b)publish entries recorded in the register of members' interests.

Commencement Information

I14Sch. 1 para. 13 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

14.—(1) Decisions of the Council and committees shall be made by a majority vote of the members present and voting.

(2) In the event of a tie the Chairman shall have an additional casting vote.

F9(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This paragraph does not apply to the [F10Practice Committees] or to decisions of the Council under article 37.

Textual Amendments

Commencement Information

I15Sch. 1 para. 14 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Powers of the CouncilU.K.

15.—(1) Subject to any provision made by or under this Order, the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2) The Council shall, in particular, have power—

(a)to borrow;

(b)to appoint such staff as it may determine;

(c)to pay its staff such salaries, allowances and expenses as it may determine;

(d)to make such provision for the payment of such pensions, allowances or gratuities, or such contributions or payments towards provision for such pensions, allowances or gratuities, to or in respect of its staff as it may determine;

(e)to make such provision in respect of its members and members of its committees and sub-committees as it may determine—

(i)for the payment of fees and allowances, including the payment of allowances to employers of such members for the purposes of enabling the members to perform functions under this Order;

(ii)for the reimbursement of such expenses as the members may reasonably have incurred in the course of carrying out their functions under this Order;

(f)to establish such sub-committees of any of its committees as it may determine;

(g)subject to any provision made by or under this Order, to regulate the procedure of any of its committees or their sub-committees;

(h)to abolish any of its committees, other than a statutory committee, or any sub-committee of any of its committees.

(3) The Council may not employ any member of the Council or its committees or sub-committees.

(4) If it appears to the Council that any statutory committee is failing to perform its functions adequately, the Council may give a direction as to the proper performance of those functions.

(5) Where the Council, having given a direction under sub-paragraph (4), is satisfied that the committee has failed to comply with the direction, it may exercise any power of that committee or do any act or other thing authorised to be done by that committee.

(6) The powers of the Council may be exercised even though there is a vacancy among its members.

(7) No proceedings of the Council shall be invalidated by any defect in the election or appointment of a member.

(8) No person who is a member of the Council or any of its committees or sub-committees by virtue of his membership of any profession, may take part in any proceedings of the Council in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.

Commencement Information

I16Sch. 1 para. 15 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Privy Council functionsU.K.

F1115A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART IIU.K.THE STATUTORY COMMITTEES

Midwifery CommitteeU.K.

16.—(1) Subject to Part VIII of this Order, the Council shall by standing orders provide in respect of the Midwifery Committee for—

(a)its composition;

(b)the appointment of members;

(c)the quorum at its meetings;

(d)its procedure;

(e)standards for the education and training, attendance and performance of its members; and

(f)the performance of its functions.

(2) The standing orders shall, in particular, provide for—

(a)the Chairman of the Committee to be a member of the Council;

(b)the majority of members of the Committee to be practising midwives;

(c)the Council to have regard, subject to other provisions in this Order, when selecting non-Council members for the Committee to the guidance issued by the Commissioner for Public Appointments.

(3) No person who is a member of the Council or Midwifery Committee by virtue of his membership of any profession may take part in any proceedings of the Committee in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.

(4) The powers of the Midwifery Committee may be exercised even though there is a vacancy among its members.

(5) No proceedings of the Midwifery Committee shall be invalidated by any defect in the appointment of a member.

Commencement Information

I17Sch. 1 para. 16 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Practice CommitteesU.K.

17.  Subject to any provision made by or under this Order, the Council shall in respect of each Practice Committee provide by rules for—

(a)subject to paragraph 18(6), the quorum at meetings of the Committee;

(b)regulating its procedure;

(c)establishing standards for the education and training, attendance and performance of its members;

(d)regulating its composition; and

(e)the performance of its functions.

Commencement Information

I18Sch. 1 para. 17 in force at 22.1.2003 as notified in the London Gazette (Issue 56816, published 10.1.2003), see art. 1(2)(3)

18.—(1) The members of each Practice Committee shall include registered professionals and other members, of whom at least one shall be a registered medical practitioner.

(2) The number of registered professionals on a Practice Committee may, but need not, exceed the number of other members on the Committee and shall not in any case exceed that number by more than one.

(3) The Chairman of the Committee shall be a Council member.

(4) No one shall be a member of more than one Practice Committee and shall not be both a Screener and a member of a Practice Committee.

(5) The Council shall, subject to other provisions in this Order, have regard when selecting non-Council members for a Practice Committee, to the guidance issued by the Commissioner for Public Appointments.

(6) The panel of a Practice Committee considering an allegation or taking any other action under Part V shall comprise at least three members who shall be selected with due regard to the former, current or proposed professional field of the person concerned as the case may be and to the nature of the matters in issue, provided that—

(a)at least one member is registered in that Part of the register in which, as the case may be, the person under consideration is or was registered or in respect of which he has made an application to be registered;

(b)there is at least one lay member, who shall not be a registered medical practitioner;

(c)where the health of the person is relevant to the case, there is at least one registered medical practitioner;

(d)subject to sub-paragraph (f), the panel shall comprise both registrant and lay members none of whom is a Council member and the number of registrant members may exceed the number of lay members but may not exceed them by more than one;

(e)no one who has been involved in the case in any other capacity may sit on the panel; and

(f)the person presiding may but need not be a member of the Council.

(7) Decisions of a Practice Committee shall be made by a majority vote of the members present and voting.

(8) In the event of a tie, the Chairman shall have an additional casting vote and in respect of a decision under Part V shall exercise his casting vote in favour of the person concerned.

(9) Except when it is performing functions under Part V a Practice Committee may exercise its powers even though there is a vacancy among its members.

(10) Apart from proceedings under Part V, no proceedings of a Practice Committee shall be invalidated by any defect in the appointment of a member.

(11) No person who is a member of the Council or a Committee by virtue of his membership of any profession may take part in any proceedings of a Practice Committee in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.

Commencement Information

I19Sch. 1 para. 18(1)-(5), (7)-(11) in force at 22.1.2003 as notified in the London Gazette (Issue 56816, published 10.1.2003), see art. 1(2)(3)

I20Sch. 1 para. 18 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)

Article 54

SCHEDULE 2U.K.TRANSITIONAL PROVISIONS

Modifications etc. (not altering text)

The initial membership of the CouncilU.K.

1.  When first constituted, the membership of the Council shall be determined in accordance with the provisions of this Schedule.

Commencement Information

I21Sch. 2 para. 1 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I22Sch. 2 para. 1 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

The transitional periodsU.K.

2.  In this Schedule—

“the first transitional period” means the period beginning with the coming into force of article 3 and ending on the date of coming into force of the first order made by the Privy Council under article 6(1);

“the second transitional period” means the period beginning with the day after the coming into force of the first order made by the Privy Council under article 6(1) and ending on the second anniversary of that date, unless ended earlier by the Privy Council on a proposal received by it from the Council.

Commencement Information

I23Sch. 2 para. 2 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

The MembersU.K.

3.—(1) During the transitional periods, the Council shall consist of—

(a)12 members appointed by the Privy Council (referred to in this Order as “practitioner members”);

(b)11 members who are appointed by the Privy Council (referred to in this Order as “lay members”); and

(c)12 members appointed by the Privy Council (referred to in this Order as “alternate members”).

(2) The Privy Council shall appoint an alternate member for each practitioner member.

(3) An alternate member shall have the same functions as a practitioner member but he may attend a Council meeting in his capacity as an alternate member and vote only if his corresponding practitioner member is unable to do so.

(4) Following consultation of persons who appear to it to be representative of the professions to which this Order relates, the Privy Council shall appoint practitioner and alternate members from among persons who are registered under the 1997 Act, or, if section 7 has been repealed, who were so registered immediately before that provision was repealed.

(5) It shall select four practitioner members from each of the following categories—

(a)persons registered in Part 10 of the register maintained under section 7 of the 1997 Act;

(b)persons registered in Part 11 of the register maintained under section 7 of the 1997 Act;

(c)persons registered in any other Part of that register of whom the members may all be selected from the same Part or from different Parts.

(6) No person may be appointed as a practitioner member while he is the subject of fitness to practise investigations or proceedings whether under this Order or under the 1997 Act.

(7) Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or the register kept under the 1997 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.

(8) The members shall live or work wholly or mainly in the United Kingdom.

(9) There shall be at least one practitioner member and one alternate member from each part of the register, and the number of practitioner and alternate members from each part shall be equal.

(10) The practitioner and alternate members appointed in respect of each part of the register shall include at least one member from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

(11) The members who are not registered professionals shall include at least one member from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

Commencement Information

I24Sch. 2 para. 3 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I25Sch. 2 para. 3 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Tenure of membersU.K.

4.  Unless he resigns or is removed in such circumstances as are set out in paragraph 8(2) of Schedule 1, each member shall hold office until the end of the second transitional period.

Commencement Information

I26Sch. 2 para. 4 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I27Sch. 2 para. 4 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

5.  Where a member ceases to be a member, the Privy Council may replace him and the successor’s term of office shall begin with the day after that on which the member ceases to be a member and end at the end of the second transitional period.

Commencement Information

I28Sch. 2 para. 5 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

F126.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Election SchemeU.K.

7.  The Council shall provide in rules for an election scheme in accordance with the provisions of paragraph 2 of Part I of Schedule 1 to this Order no later than six months before the end of the second transitional period.

Commencement Information

I29Sch. 2 para. 7 in force at 31.7.2006 as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

Appointment of first PresidentU.K.

8.  The first President of the Council shall be appointed by the Privy Council from among the members of the Council.

Commencement Information

I30Sch. 2 para. 8 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I31Sch. 2 para. 8 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

The registerU.K.

9.  During the first transitional period, the Council shall make—

(a)proposals to the Privy Council for an order to be made under article 6(1);

(b)rules under articles 5 and 7 and such other rules as are necessary for the proper operation of the register.

Commencement Information

I32Sch. 2 para. 9 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

10.  Until such date as the first order under article 6(1) is and the rules mentioned in paragraph 9 are in force (“the appointed day”) the Council shall—

(a)perform the functions of maintaining the register under section 7 of the 1997 Act, and

(b)determine applications under section 8 of the 1997 Act,

and if those provisions have been repealed, shall act under sub-paragraphs (a) and (b) as if they remained in force and as if references in that Act and subordinate legislation made under it to the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“UKCC”) or to a National Board for Nursing, Midwifery and Health Visiting (a “National Board”) were to the Council.

Commencement Information

I33Sch. 2 para. 10 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

11.  Where on the appointed day there are outstanding applications for—

(a)registration;

(b)renewal of registration;

(c)the recording of additional qualifications;

(d)any entry in the register to be made, altered or restored,

the Council shall dispose of the application in accordance with the provisions of the 1997 Act, as if those provisions were still in force, or in such other manner as it considers just.

Commencement Information

I34Sch. 2 para. 11 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

12.  The entries in the register kept under the 1997 Act may be transferred to the register in accordance with articles 5 and 6 but, where the home address of a person registered under the 1997 Act appears in the register kept under that Act and the entry for that person is transferred to the register, his home address shall not be published in the register without the consent of that person.

Commencement Information

I35Sch. 2 para. 12 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Prospective

The RegistrarU.K.

13.  The first Registrar may be appointed by the Secretary of State, and shall otherwise be appointed by the Council, on such terms and conditions as the body appointing him sees fit.

Commencement Information

I36Sch. 2 para. 13 not in force at made date, see art. 1(2)(3)

14.  If the first Registrar ceases to hold office before a Registrar is appointed under article 4, the Secretary of State or the Council, as the case may be, may appoint a replacement.

Commencement Information

I37Sch. 2 para. 14 not in force at made date, see art. 1(2)(3)

Functions of the Council during the transitional periodU.K.

15.—(1) During the transitional periods, and subject to any contrary provision in this Order, the Council shall, until the relevant provisions of this Order and subordinate legislation made under it come into force, exercise the functions of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“UKCC”) and of the National Boards for Nursing, Midwifery and Health Visiting (“the National Boards”) under sections 2, 3, 4, 5, 6, 14, 15, 20 and 21 of the 1997 Act and subordinate legislation made under that Act with such modifications as necessary and as if references to the UKCC and National Boards were to the Council.

(2) If the relevant provision has been repealed, it shall be treated for the purposes of sub-paragraph (1) as if it remained in force.

Commencement Information

I38Sch. 2 para. 15 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Fitness to practise proceedingsU.K.

16.—(1) Until relevant rules under Part V come into force—

(a)where disciplinary proceedings—

(i)are pending before the UKCC or any of its committees; or

(ii)have begun but the body or committee dealing with the case has not communicated its decision to the person who is the subject of the proceedings,

that body or committee shall refer the proceedings to the Council and the Council shall dispose of the matter in accordance with the 1997 Act or, if the relevant provisions have been repealed, as if those provisions remained in force;

(b)where an allegation is received by the Council it shall dispose of the matter as if the 1997 Act remained in force; and in both cases

(c)references in the 1997 Act to the UKCC are to be treated as references to the Council.

Commencement Information

I39Sch. 2 para. 16 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

17.  An appeal—

(a)under section 12 of the 1997 Act which is pending or proceeding before any court on the date on which that section is repealed; or

(b)which is received by the Council before the relevant appeal provisions in the rules referred to in paragraph 16 are in force,

shall be dealt with as if section 12 remained in force.

Commencement Information

I40Sch. 2 para. 17 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Transitional provisions for local supervising authoritiesU.K.

18.—(1) Until rules made under article 42 come into force Local Supervising Authorities (“LSAs”) shall exercise their functions under section 15 of the 1997 Act and subordinate legislation made under it and, if that section or that subordinate legislation have been repealed, shall exercise those functions as if those provisions were still in force and as if references in

[F13(a)that Act—

(i)to the UKCC or to a National Board were to the Council, and

(ii)to local supervising authorities were, in relation to England, to a Strategic Health Authority established under section 8 of the National Health Service Act 1977 and, in relation to Wales, to a Health Authority established under section 8 of that Act; and

(b)that subordinate legislation to health authority were, in relation to England, to a Strategic Health Authority established under section 8 of the National Health Service Act 1977 and, in relation to Wales, to a Health Authority established under section 8 of that Act].

(2) If at the date such rules come into force,

(a)disciplinary proceedings—

(i)are pending under the rules mentioned in section 15(2)(c) of the 1997 Act; or

(ii)have begun but the decision has not been communicated to the person who is the subject of the proceedings,

the matter shall be disposed of in accordance with the rules mentioned in head (i) or, if the relevant provisions have been repealed, as if those provisions remained in force or in such other manner as appears to the LSA to be just.

Textual Amendments

Commencement Information

I41Sch. 2 para. 18 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Transfer of staff and propertyU.K.

19.  The Privy Council may by order make provision—

(a)enabling persons who, when paragraph 3(1) of this Order (creation of Council) comes into force, hold office as members or staff of the UKCC and the National Boards to continue to hold office until those bodies are dissolved;

(b)authorising the UKCC to make grants or loans to any person in connection with the implementation or preparations for the implementation of the Order.

Commencement Information

I42Sch. 2 para. 19 not in force at made date, see art. 1(2)(3)

20.—(1) The Privy Council may by order provide for the transfer from the old to the new employer of any—

(a)eligible employee; and

(b)property, rights and liabilities.

(2) In this paragraph—

(a)“the new employer” means the Council; and

(b)“the old employer” means the UKCC.

(3) In this paragraph and in paragraph 21—

“an eligible employee” means a person who is employed under a contract of employment with the old employer; and

“property” includes rights and interests of any description.

Commencement Information

I43Sch. 2 para. 20 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I44Sch. 2 para. 20 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

21.—(1) The Privy Council may by order provide for the transfer from the old to the new employer of any—

(a)eligible employee; and

(b)property, rights and liabilities.

(2) In this paragraph and in paragraph 25—

(a)“the new employer” means, in relation to—

(i)England, the Secretary of State,

(ii)Wales, the National Assembly for Wales,

(iii)Scotland, the Scottish Ministers, and

(iv)Northern Ireland, the Northern Ireland Department of Health, Social Services and Public Safety,

or any person or body established or authorised by any of them; and

(b)“the old employer” means a National Board.

Commencement Information

I45Sch. 2 para. 21 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I46Sch. 2 para. 21 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

22.  An order made under paragraph 20(1)(a) or 21(1)(a) may be made by the Privy Council only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.

Commencement Information

I47Sch. 2 para. 22 not in force at made date, see art. 1(2)(3)

23.  An order made under paragraph 20(1)(a) or 21(1)(a) may apply to all, or any description of, employees or to any individual employee.

Commencement Information

I48Sch. 2 para. 23 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I49Sch. 2 para. 23 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

24.—(1) The contract of employment of an employee transferred under an order made under paragraph 20(1)(a) or 21(1)(a)—

(a)is not terminated by the transfer; and

(b)has effect from the date of the transfer as if originally made between the employee and the transferee.

(2) Without prejudice to the generality of sub-paragraph (1), where an employee is transferred under an order mentioned in that sub-paragraph—

(a)all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are, by virtue of this paragraph, transferred to the transferee on the date of the transfer; and

(b)anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(3) Sub-paragraphs (2)(a) and (b) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.

(4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the old employer is terminated immediately before the date of the transfer, but he is not to be treated for any purpose as having been dismissed by that employer.

(5) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

(6) In this paragraph—

“the date of the transfer” means the date of the transfer determined under an order made under paragraph 20(1)(a) or 21(1)(a) in relation to the employee; and

“the transferee” means the new employer to whom the employee is or would be transferred under that order.

Commencement Information

I50Sch. 2 para. 24 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

25.—(1) An order made under paragraph 20(1)(b) or 21(1)(b) may provide for the new employer to—

(a)prepare a statement of accounts in respect of the financial year to 31st March 2002;

(b)submit a report on the performance of the old employer for the period since the last report under section 18(6) of the 1997 Act to 31st March 2002; or

(c)carry out any other functions necessary or expedient consequent on the dissolution of the old employer.

(2) Section 18(3), (4), (5) and (7) of the 1997 Act shall apply as if they remained in force except that they shall apply as if the accounts or report, as the case may be, mentioned in paragraph (1) had been prepared by the old employer.

Commencement Information

I51Sch. 2 para. 25 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I52Sch. 2 para. 25 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Article 39

[F14SCHEDULE 2AU.K.VISITING MIDWIVES, AND CERTAIN VISITING NURSES, FROM RELEVANT EUROPEAN STATES

Textual Amendments

Application and interpretationU.K.

1.  This Schedule applies to an exempt person—

(a)who is lawfully established as a nurse in a relevant European State other than the United Kingdom; or

(b)who is lawfully established as a midwife in a relevant European State other than the United Kingdom.

2.  In this Schedule—U.K.

(a)a “visiting practitioner” means an exempt person to whom this Schedule applies;

(b)the “home State”, in relation to a visiting practitioner, means the relevant European State in which the practitioner is lawfully established as a nurse or midwife;

(c)a reference to the provision of occasional nursing services is a reference to the provision, in the United Kingdom, of nursing services—

(i)of a kind which are provided, in the United Kingdom, by nurses whose training satisfies the requirements of article 31 of the Directive (training of nurses responsible for general care), and

(ii)on a temporary and occasional basis; and

(d)a reference to the provision of occasional midwifery services is a reference to the provision of midwifery services in the United Kingdom on a temporary and occasional basis.

Registration in respect of provision of occasional nursing services or occasional midwifery servicesU.K.

3.—(1) A visiting practitioner is entitled to be registered in the appropriate part of the register if the practitioner is entitled under paragraph 4 or 7 to provide occasional nursing services or occasional midwifery services; and the Registrar shall give effect to the entitlement.

(2) A visiting practitioner who is entitled under sub-paragraph (1) to be registered, but who is not registered in the appropriate part of the register, shall be treated as registered in that part.

(3) Sub-paragraph (4) applies where a person's entitlement under sub-paragraph (1) to be registered ceases because, by reason of the operation of paragraph 8(1), (2) or (5), the person ceases to be entitled under this Schedule to provide occasional nursing services or occasional midwifery services.

(4) If the person's name is registered, the Registrar may remove the person's name from the register.

(5) Sub-paragraphs (1) to (4) are not to be taken to prejudice the application, in relation to persons registered on the basis of entitlement under sub-paragraph (1), of any other provision of this Order under which the name of a registered nurse or midwife may be removed from the register or under which the registration of a registered nurse or midwife may be suspended.

Entitlement to provide occasional nursing services or occasional midwifery services: first yearU.K.

4.  A visiting practitioner is entitled to provide occasional nursing services or occasional midwifery services if—

(a)the practitioner has complied with the requirements of paragraph 5, and

(b)where the practitioner's case falls within regulation 3(9)(a), (c), (d) or (e) of the General Systems Regulations, the provision by the practitioner of occasional nursing services or occasional midwifery services is in accordance with regulations 14 to 16 of those Regulations (the practitioner having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the practitioner may be required to undertake pursuant to Part 2 of those Regulations),

but paragraph 8 contains provision about the duration of entitlement under this paragraph.

First provision of services: required documentsU.K.

5.—(1) A visiting practitioner who proposes to provide occasional nursing services or occasional midwifery services for the first time must, before providing any such services, send or produce to the Registrar the required documents.

(2) The required documents are—

(a)a written declaration that states the practitioner's wish to provide occasional nursing services or occasional midwifery services;

(b)if the practitioner is a national of a relevant European State, proof of nationality;

(c)if the practitioner is not a national of a relevant European State, proof of the Community right by virtue of which the practitioner is an exempt person;

(d)evidence of qualifications in nursing or midwifery (see paragraph 6); and

(e)a certificate (or certificates) issued by a competent authority in the practitioner's home State confirming—

(i)that the practitioner is lawfully established as a nurse or midwife in that State, and

(ii)that the practitioner is not prohibited (whether on a permanent or temporary basis) from practising as a nurse or midwife there.

(3) A declaration under sub-paragraph (2)(a) may be supplied by any means.

6.—(1) Subject to sub-paragraph (3), the evidence referred to in paragraph 5(2)(d) is evidence of the European-recognised qualifications which entitle the visiting practitioner to provide, in the practitioner's home State, the nursing or midwifery services that the practitioner proposes to provide in the United Kingdom on a temporary and occasional basis.U.K.

(2) This sub-paragraph applies to a visiting practitioner whose case falls within regulation 3(9)(a), (c), (d) or (e) of the General Systems Regulations (with the result that the practitioner is not entitled to provide occasional nursing services or occasional midwifery services unless their provision by the practitioner is in accordance with regulations 14 to 16 of those Regulations).

(3) If sub-paragraph (2) applies to a visiting practitioner, the evidence referred to in paragraph 5(2)(d) of the practitioner's qualifications in nursing or midwifery is evidence of the qualifications which entitle the practitioner to practise as a nurse or midwife in his home State.

(4) In this paragraph, “European-recognised qualifications” means qualifications which relevant European States are required by the Directive to recognise.

Entitlement to provide occasional nursing services or occasional midwifery services after first year: renewalsU.K.

7.—(1) Sub-paragraph (2) applies where the Registrar receives the required renewal documents from a visiting practitioner who is entitled under this Schedule to provide occasional nursing services or occasional midwifery services.

(2) The visiting practitioner is entitled to continue to provide occasional nursing services or occasional midwifery services, but paragraph 8 contains provision about the duration of entitlement continued under this sub-paragraph.

(3) Sub-paragraph (4) applies where the Registrar receives the required renewal documents from a visiting practitioner—

(a)who is not entitled under this Schedule to provide occasional nursing services or occasional midwifery services;

(b)who has been previously entitled under this Schedule to provide occasional nursing services or occasional midwifery services; and

(c)whose registration in the register is not suspended.

(4) The visiting practitioner is once again entitled to provide occasional nursing services or occasional midwifery services but, in a case where the practitioner's name is not in the register as a result of removal otherwise than under paragraph 3(4), only if the Registrar decides, after having regard (in particular) to the fact of that removal and the reasons for it, that the entitlement should be renewed. Paragraph 8 contains provision about the duration of entitlement under this sub-paragraph.

(5) In relation to a visiting practitioner “the required renewal documents” are—

(a)a renewal declaration; and

(b)each evidence of change document (if any).

(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that states the practitioner's wish to provide occasional nursing services or occasional midwifery services in a further year.

(7) Where a document—

(a)is, in relation to a visiting practitioner, one of the required documents for the purposes of paragraph 5,

(b)is not a declaration under paragraph 5(2)(a), and

(c)substantiates a matter as respects which there has been a material change since the practitioner last (whether under paragraph 5 or this paragraph) supplied the then-current version of the document to the registrar,

the version of the document current when under this paragraph the practitioner supplies a renewal declaration to the registrar is an “evidence of change document” for the purposes of sub-paragraph (5)(b).

(8) A renewal declaration supplied under this paragraph may be supplied by any means.

Duration of entitlement to provide occasional nursing services or occasional midwifery servicesU.K.

8.—(1) Unless an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement ceases at the end of the year that begins with the end of the day on which the Registrar received the documents whose receipt gave rise to the entitlement.

(2) Where an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement is extended so as to cease at the end of the year that begins with the end of the relevant day.

(3) For the purposes of sub-paragraph (2)—

(a)if the day on which the Registrar receives the documents whose receipt gives rise to the continuation (or further continuation) is an anniversary of the start day, “the relevant day” means the day on which the Registrar receives those documents;

(b)otherwise, “the relevant day” means the anniversary of the start day that is the first such anniversary to occur after the Registrar receives the documents whose receipt gives rise to the continuation (or further continuation).

(4) In sub-paragraph (3) “the start day”, in relation to an entitlement under paragraph 4 or 7(4), means the day on which the Registrar receives the documents whose receipt gives rise to the entitlement.

(5) An entitlement under this Schedule to provide occasional nursing services or occasional midwifery services ceases if—

(a)the visiting practitioner concerned becomes established as a nurse or as a midwife in the United Kingdom; or

(b)a disqualifying decision is made against the visiting practitioner concerned.

(6) In sub-paragraph (5) “disqualifying decision”, in relation to a visiting practitioner, means a decision made by a competent or judicial authority in the practitioner's home State that has the effect that the practitioner—

(a)ceases in that State to be registered or otherwise officially recognised as a nurse or midwife; or

(b)is prohibited (whether on a permanent or temporary basis) from practising as a nurse or midwife in that State.

(7) If in the case of a visiting practitioner—

(a)the practitioner's registration in the register is suspended or the practitioner's name is removed from the register, and

(b)immediately before the time when the suspension or (as the case may be) removal takes effect, the practitioner is entitled under this Schedule to provide occasional nursing services or occasional midwifery services,

that entitlement ceases at that time.

ConditionsU.K.

9.—(1) Paragraph (2) applies if—

(a)the establishment of a visiting practitioner in the practitioner's home State is subject to a condition relating to the practitioner's practice as a nurse or midwife;

(b)the practitioner'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 the practitioner's fitness to practise is or may be impaired on the ground of misconduct.

(2) The matters that may be counted as misconduct include (in particular) any act or omission by the visiting practitioner during the course of the provision by the practitioner of occasional nursing services or occasional midwifery services that is, or would be if the condition applied in relation to practice as a nurse or midwife outside the practitioner's home State, a breach of the condition.

(3) In paragraphs (1) and (2) “condition” includes limitation.]

Article 40

[F15SCHEDULE 3U.K.DIRECTIVE 2005/36: FUNCTIONS OF THE COUNCIL UNDER ARTICLE 40(2)

Textual Amendments

Provision of DirectiveFunction of Council
Article 7(2)(b)Issuing certificates containing attestations in relation to persons established in the United Kingdom as nurses responsible for general care or midwives.
Article 8(1)Receiving information from, or providing information to, other competent authorities in relation to—
(a)the legality of a person's establishment as a nurse responsible for general care or midwife;
(b)the good conduct of such a person;
(c)the absence of any disciplinary or criminal sanctions of a professional nature against such a person.
Article 8(2)Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing services as a nurse responsible for general care or as a midwife.
Article 23(1)

Issuing certificates of effective and lawful practice in the United Kingdom to—

(a) nurses responsible for general care; and

(b) midwives.

Article 23(6)

Issuing certificates stating—

(a) that UK nursing qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.2.2 of Annex V to the Directive, certify successful completion of nursing training that is in accordance with article 31 of the Directive (training of nurses responsible for general care) or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 31 of the Directive;

(b) that UK midwifery qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.5.2 of Annex V to the Directive, certify successful completion of training in midwifery that is in accordance with article 40 of the Directive (training of midwives) or that under article 22(a) of the Directive is to be treated as in accordance with article 40 of the Directive.

Article 41Issuing certificates of professional practice in the United Kingdom to midwives.
Article 43(1)Issuing certificates of effective and lawful practice in the United Kingdom to midwives.
Article 50(1) and paragraph 1(d) of Annex VIIIssuing, in respect of practice as a nurse responsible for general care or as a midwife, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 2 of Annex VIIIssuing certificates stating that evidence of UK nursing qualifications or UK midwifery qualifications is that covered by the Directive.
Article 50(2)In cases of justified doubts—
(a)requiring confirmation of the authenticity of non-UK nursing qualifications or non-UK midwifery qualifications;
(b)requiring confirmation that holders of non-UK nursing qualifications or non-UK midwifery qualifications satisfy the minimum training conditions set out in article 31 or 40 of the Directive (as the case may be) or under article 22(a) of the Directive are to be treated as satisfying those conditions;
(c)providing confirmation to competent authorities of other relevant European States of the authenticity of any person's UK nursing qualifications or UK midwifery qualifications;
(d)providing confirmation that holders of UK nursing qualifications or UK midwifery qualifications satisfy the minimum training conditions set out in article 31 or 40 of the Directive (as the case may be) or under article 22(a) of the Directive are to be treated as satisfying those conditions.
Article 50(3)In cases of justified doubts—
(a)verifying information provided in connection with non-UK nursing qualifications or non-UK midwifery qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;
(b)providing information in connection with a person's UK nursing qualifications or UK midwifery qualifications awarded following training in another relevant European State.
Article 56(1)Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for the practice of the professions of nurse responsible for general care or midwife.
Where such information is received by the Council—
(a)examining the veracity of the circumstances;
(b)deciding the nature and scope of any investigations that need to be carried out;
(c)informing other competent authorities of the Council's conclusions.]

Article 2

SCHEDULE 4U.K.INTERPRETATION

Commencement Information

I53Sch. 4 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

I54Sch. 4 in force at 1.4.2002 for specified purposes as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

I55Sch. 4 in force at 22.1.2003 for specified purposes as notified in the London Gazette (Issue 56816, published 10.1.2003), see art. 1(2)(3)

I56Sch. 4 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)

I57Sch. 4 in force at 1.8.2004 for specified purposes as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

I58Sch. 4 in force at 31.7.2006 in so far as not already in force as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

In this Order, unless the context otherwise requires—

“the 1997 Act” means the Nurses, Midwives and Health Visitors Act 1997(1);

F16...

F17...

F18...

F19...

“alternate member” is a member of the Council appointed under Schedule 1, paragraph 1 or Schedule 2, paragraph 3;

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

“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;

F20...

[F21“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—

(a)

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

(b)

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

in connection with the practice of nursing or midwifery;]

“corresponding practitioner member” means the practitioner member appointed under Schedule 2 from the same part of the register and from the same country of the United Kingdom as the alternate member concerned;

“corresponding registrant member” means the registrant member elected from the same part of the register and from the same country of the United Kingdom as the alternate member concerned;

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

[F22“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;]

F23...

F24...

F25...

[F26“exempt person”, in relation to the profession of nursing or in relation to the profession of midwifery, means—

(a)

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

(b)

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

(c)

a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community 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;]

[F27“General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007;]

“lay member” means, in relation to the Council or a statutory committee any member who is not and never has been a registered nurse or a registered midwife;

“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—

(a)

[F28in England, Strategic Health Authorities established under section 8 of the National Health Service Act 1977;

(aa)

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

(b)

in Scotland, Health Boards; and

(c)

in Northern Ireland, Health and Social Services Boards;

F29...

“national”, in relation to [F30a relevant European State], means the same as it does for the purposes of the Community Treaties [F31but 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 Community provisions relating to the free movement of persons and services.];

“national constituency” means England, Scotland, Wales or Northern Ireland;

F32...

“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;

“registrant member” has the meaning given to it in Schedule 1, paragraph 1(a);

“Registrar” means the person appointed under article 4;

[F33“relevant European State” means an EEA State or Switzerland;]

“Screeners” means persons appointed under article 23;

F34...

F35...

“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);

F36...

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

[F37“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.

Textual Amendments

Article 54

SCHEDULE 5U.K.CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION

The Parliamentary Commissioner Act 1967 (c. 13)U.K.

1.  In Schedule 2 to the Parliamentary Commissioner Act 1967 (Departments etc. subject to investigation), the entry relating to the English National Board for Nursing, Midwifery and Health Visiting shall be omitted.

Commencement Information

I59Sch. 5 para. 1 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Medicines Act 1968 (c. 67)U.K.

2.  In section 58 of the Medicines Act 1968 (medicinal products on prescription only)—

(a)for subsection (1)(d) there shall be substituted—

“(d)registered nurses or midwives who are of such a description and comply with such conditions as may be specified in the order”;

(b)in subsection (4)(a), for the words “a registered nurse, midwife or health visitor,”, there shall be substituted “a registered nurse or midwife,”.

Commencement Information

I60Sch. 5 para. 2 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

The Fair Trading Act 1973 (c. 41)U.K.

F383.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The House of Commons Disqualification Act 1975 (c. 24)U.K.

4.  In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), the entry relating to the Chairman of any of the National Boards for Nursing, Midwifery and Health Visiting mentioned in section 5 of the Nurses, Midwives and Health Visitors Act 1997 or any member of those Boards appointed at a salary, shall be omitted.

Commencement Information

I61Sch. 5 para. 4 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)U.K.

5.  In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), the entry relating to the Chairman of the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland or member of that Board appointed at a salary, shall be omitted.

Commencement Information

I62Sch. 5 para. 5 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

Prospective

National Health Service Act 1977 (c. 49)U.K.

F396.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Interpretation Act 1978U.K.

7.  In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), for the definition of “Registered” in relation to nurses, midwives and health visitors there shall be substituted—

  • ““Registered” in relation to nurses and midwives, means registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 by virtue of qualifications in nursing or midwifery, as the case may be.”.

Commencement Information

I63Sch. 5 para. 7 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

The Registered Homes Act 1984 (c. 23)U.K.

8.  In section 42 of the Registered Homes Act 1984 (tribunal for appeals relating to nursing homes (including maternity homes) and mental nursing homes) in subsection (4)(a), for “the Nurses, Midwives and Health Visitors Act 1997” there shall be substituted “the Nursing and Midwifery Order 2001.”.

Commencement Information

I64Sch. 5 para. 8 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

The Video Recordings Act 1984 (c. 39)U.K.

9.  In section 3 of the Video Recordings Act 1984 (exempted supplies), in subsection (11), for “the Nurses, Midwives and Health Visitors Act 1997”, there shall be substituted “the Nursing and Midwifery Order 2001”.

Commencement Information

I65Sch. 5 para. 9 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

Children Act 1989 (c. 41)U.K.

10.  In the Children Act 1989—

(a)in section 45 (duration of emergency protection orders and other supplemental provisions), in subsection (12), for the words “registered health visitor” there shall be substituted “registered midwife”;

(b)in section 48 (powers to assist in discovery of children who may be in need of emergency protection), in subsection (11), for the words “registered health visitor”, there shall be substituted “registered midwife”; and

(c)in section 102 (power of constable to assist in exercise of certain powers to search for children or inspect premises) in subsection (3), for the words “registered health visitor”, there shall be substituted “registered midwife”.

Commencement Information

I66Sch. 5 para. 10 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (NI 20))U.K.

11.  In Article 32 of the Registered Homes (Northern Ireland) Order 1992, paragraph (2)(b), for “section 7 of the Nurses, Midwives and Health Visitors Act 1997” there shall be substituted “article 5 of the Nursing and Midwifery Order 2001”.

Commencement Information

I67Sch. 5 para. 11 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

The Value Added Tax Act 1994 (c. 23)U.K.

12.  In Part II of Schedule 9 to the Value Added Tax Act 1994 (exempt supplies of goods and services), for item 1(d) in Group 7 (health and welfare), there shall be substituted “the register of qualified nurses and midwives maintained under article 5 of the Nursing and Midwifery Order 2001”.

Commencement Information

I68Sch. 5 para. 12 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

Employment Rights Act 1996 (c. 18)U.K.

13.  In section 55 of the Employment Rights Act 1996 (right to time off for ante-natal care), in each of subsections (1)(b) and (2)(a) for “registered health visitor”, there shall be substituted “registered nurse”.

Commencement Information

I69Sch. 5 para. 13 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

Data Protection Act 1998 (c. 29)U.K.

14.  In section 69 of the Data Protection Act (meaning of “health professional”), in section (1), for subsection (e), there shall be substituted—

“(e)a registered nurse or midwife”.

Commencement Information

I70Sch. 5 para. 14 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

Government of Wales Act 1998 (c. 38)U.K.

15.  In Part III of Schedule 4 to the Government of Wales Act 1998 (public bodies subject to reform by the Assembly which may only gain functions), paragraph 17 shall be omitted.

Commencement Information

I71Sch. 5 para. 15 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

The Health Act 1999 (c. 8)U.K.

16.  In the Health Act 1999—

(a)in section 60 (regulation of health care and associated professions), in subsection (2), in paragraph (b), for “the Nurses, Midwives and Health Visitors Act 1997” there shall be substituted “the Nursing and Midwifery Order 2001”; and

(b)in Schedule 3 (regulation of health care and associated professions), in paragraph 8 (certain functions not to be transferred from regulatory body), in sub-paragraph (3) “or the Nurses, Midwives and Health Visitors Act 1997” shall be omitted.

Commencement Information

I72Sch. 5 para. 16 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

Freedom of Information Act 2000 (c. 36)U.K.

17.  In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part VI (other public bodies and offices: general)—

(a)the entries for the English National Board for Nursing, Midwifery and Health Visiting and the Welsh National Board for Nursing, Midwifery and Health Visiting shall be omitted; and

(b)the entry for the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, shall be omitted and “The Nursing and Midwifery Council.” shall be inserted in the appropriate place.

Commencement Information

I73Sch. 5 para. 17 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

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