C1SCHEDULE 1THE NURSING AND MIDWIFERY COUNCIL AND COMMITTEES
C1PART ITHE NURSING AND MIDWIFERY COUNCIL
MembershipF311
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F31Membership: general1A
1
The Council shall consist of—
a
registrant members, that is members who are registrants; and
b
lay members, that is members who—
i
are not and never have been registered nurses or registered midwives (and article 5(5) does not apply for these purposes), and
ii
do not hold qualifications which would entitle them to apply for registration under this Order.
2
The members of the Council shall be appointed by the Privy Council.
3
The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.
F504
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F505
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Matters for the order of the Privy Council under article 3(7A)1B
1
An order under article 3(7A) shall include provision with regard to—
a
the numbers of registrant members and lay members of the Council;
b
the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;
c
the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;
d
the appointment of a chair of the Council and the chair’s term of office F43, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;
e
deputising arrangements in respect of the chair;
f
the quorum of the Council; and
g
the circumstances in which members cease to hold office or may be removed or suspended from office.
2
But an order under article 3(7A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.
3
An order under article 3(7A) may include provision with regard to—
a
the maximum period for which a member of the Council may hold office as a member during a specified period;
b
the maximum period for which a member of the Council may serve as chair of the Council during a specified period;
c
the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—
i
that education and training to be the responsibility of another body, and
ii
those requirements to be set and varied by that body from time to time;
d
the attendance of members of the Council at meetings of the Council;
e
the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member; and
f
enabling the Privy Council to appoint as the chair of the Council, for a specified period, the person who held office as President of the Council on the day before the first order under article 3(7A) comes into force.
4
An order under article 3(7A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.
F312
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F313
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F314
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F315
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F316
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F317
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Tenure of membersF318
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F319
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F3110
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The PresidentF3111
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C1Procedure etc. of Council and committees
I14C1F3412
1
Subject to any provision made by this Order or under this Order (otherwise than by standing orders), the Council may by standing orders make provision in respect of—
a
its procedure;
b
the performance of its functions;
c
the constitution of its committees and sub-committees, other than the Practice Committees and the Midwifery Committee;
d
the procedure of any of its committees or sub-committees;
e
the performance by any of its committees or sub-committees of their functions; and
f
the standards of education, training, attendance and performance expected of the members of its committees and sub-committees.
2
Standing orders of the Council may make provision with regard to the provisional suspension of a member from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under article 3(7A).
I15C113
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.
I16C114
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 F35chair shall have an additional casting vote.
F283
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4
This paragraph does not apply to the F29Practice Committees or to decisions of the Council under article 37.
C1Powers of the CouncilI17C115
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;
F36g
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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.
F376
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F377
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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.
Privy Council functionsF515A
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C1PART IITHE STATUTORY COMMITTEES
C1Midwifery CommitteeI18C116
F381
The Council shall by rules make provision with regard to the constitution of the Midwifery Committee, and those rules shall include provision with regard to—
a
its size and membership;
b
the appointment, suspension and removal of its members;
c
its chair, including the deputising arrangements for its chair; and
d
the quorum at its meetings.
2
The rules may make provision for a body (including a committee of the Council other than the Midwifery Committee) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of the Midwifery Committee, including any function relating to tenure of office or suspension or removal from office.
2A
The Council shall have regard, when selecting non-Council members for the Midwifery Committee, to the guidance issued by the Commissioner for Public Appointments.
2B
Subject to any provision made by this Order or under this Order, including provision made by standing orders of the Council under paragraph 12(1)(d), the Midwifery Committee may regulate its own procedure.
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.
C1Practice Committees
I46F3917
1
The Council shall by rules make provision with regard to the constitution of each Practice Committee, and those rules shall include provision with regard to—
a
its size and membership;
b
the appointment, suspension and removal of its members;
c
its chair, including the deputising arrangements for its chair; and
d
the quorum at its meetings.
F441A
Where the rules provide for one or more panels of members of a Practice Committee to perform functions of the Committee, the provision required by sub-paragraph (1)(d) includes provision with regard to the quorum at meetings of those panels.
2
The rules may make provision for a body (including a committee of the Council which is not one of the Practice Committees) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of a Practice Committee, including any function relating to tenure of office or suspension or removal from office.
3
Subject to any provision made by this Order or under this Order, including provision made by standing orders of the Council under paragraph 12(1)(d), each Practice Committee may regulate its own procedure.
I45I4918
F411
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F412
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F413
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F454
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I455
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.
F406
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I457
Decisions of a Practice Committee shall be made by a majority vote of the members present and voting.
I458
In the event of a tie, the F42chair 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.
F469
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I4510
Apart from proceedings under Part V, no proceedings of a Practice Committee shall be invalidated by any defect in the appointment of a member.
F5410A
In exercising a function under article 27, 29, 30 or 33, the Conduct and Competence Committee (or any panel by which the function is exercisable as mentioned in paragraph 17(1A) of this Schedule) must have regard to the over-arching objective.
10B
In exercising a function under any of articles 28 to 30 and 33, the Health Committee (or any panel by which the function is exercisable as mentioned in paragraph 17(1A) of this Schedule) must have regard to the over-arching objective.
10C
References in sub-paragraphs (10A) and (10B) to the over-arching objective are to the over-arching objective of the Council under article 3(4) (read with article 3(4A)).
F4711
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C2SCHEDULE 2TRANSITIONAL PROVISIONS
Sch. 2 modified (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 3(1)
The initial membership of the CouncilI5I191
When first constituted, the membership of the Council shall be determined in accordance with the provisions of this Schedule.
The transitional periodsI202
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.
The MembersI6I213
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.
Tenure of members
I7I224
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.
I235
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.
F306
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C2Election SchemeI607
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.
Appointment of first PresidentI8I248
The first President of the Council shall be appointed by the Privy Council from among the members of the Council.
The register
I259
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.
I2610
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.
I2711
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.
I2812
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.
C2The Registrar
I113
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.
I214
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.
Functions of the Council during the transitional periodI2915
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.
Fitness to practise proceedings
I3016
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.
I3117
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.
Transitional provisions for local supervising authoritiesI3218
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
F2a
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.
Transfer of staff and property
I319
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.
I9I3320
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.
I10I3421
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.
I422
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.
I11I3523
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.
I3624
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.
I12I3725
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.
F7SCHEDULE 2AVISITING MIDWIVES, AND CERTAIN VISITING NURSES, FROM RELEVANT EUROPEAN STATES
Sch. 2A inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 171
Application and interpretation1
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 F64and who is not a person to whom paragraph 15 of Schedule 2B (European professional card and entitlement to registration: provision of occasional nursing services) applies; or
b
who is lawfully established as a midwife in a relevant European State other than the United Kingdom.
2
In this Schedule—
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 services3
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 year4
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 F653(8)(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 F6619 to 23 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 documents5
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—
F67a
a written declaration—
i
that states the practitioner's wish to provide occasional nursing services or occasional midwifery services;
ii
that contains details of any insurance cover or other means of personal or collective protection with regard to professional liability;
iii
as to whether the practitioner has the necessary knowledge of English;
iv
which confirms that the practitioner does not have a criminal conviction; and
v
which confirms that the practitioner is not subject to a temporary or final suspension preventing practice as a nurse or midwife;
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 F48EU 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.
2
This sub-paragraph applies to a visiting practitioner whose case falls within regulation F683(8)(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 F6919 to 23 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: renewals7
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 services8
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 F70or, if different, a relevant European State in which the practitioner practises or has practised as a nurse 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.
Conditions9
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.
F55SCHEDULE 2BDirective 2005/36/EC: European professional card
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)
PART 1General
Introductory1
This Schedule supplements the rights and obligations set out in the Implementing Regulation 2015.
Interpretation2
In this Schedule—
“automatically recognised nurse” means a person who is entitled to have his or her qualifications as a nurse automatically recognised under articles 21, 23, 49a or 49b of the Directive;
“disqualifying decision” means a decision made by a competent authority or a judicial authority in a person's home State or host State that has the effect that—
- a
the person ceases to be registered or otherwise officially recognised as a nurse in that State; or
- b
the person is prohibited, permanently or temporarily, from practising as a nurse in that State;
- a
“EPC applicant” means a person making, or who has made, an EPC application;
“EPC application” means an application for a European professional card made by a person who is seeking to practise as an automatically recognised nurse;
“EPC holder” means a person who holds a valid European professional card as a result of an EPC application;
“home State” means the relevant European State specified by an EPC applicant in his or her EPC application in accordance with article 4 of the Implementing Regulation 2015;
“host State” means the relevant European State in which an EPC applicant seeks to practise as a nurse;
“Implementing Regulation 2015” means Commission Implementing Regulation (EU) No 983 of 2015 on the procedure for issuance of the European professional card and the application of the alert mechanism pursuant to the Directive;
“missing document” means a document which an EPC applicant was required to provide with the EPC application but which the EPC applicant has not provided;
“nurse” means a nurse responsible for general care; and
“occasional nursing services” means the provision of services as a nurse on a temporary and occasional basis.
PART 2General functions of the Council in relation to European professional cards
Council not to request resubmission of valid documents3
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 card4
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 file5
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 appeal6
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 sanctions7
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 data8
1
The Council may access information on the IMI file of an EPC applicant or an EPC holder, in accordance with Directive 95/46/EC, 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.
Processing data9
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).
2
The Council is the controller within the meaning of article 2(d) of Directive 95/46/EC for the purposes of processing personal data in a person's European professional card or IMI file.
PART 3European professional cards for establishment in the United Kingdom or another relevant European State
European professional cards for establishment in a host State other than the United Kingdom10
1
This paragraph applies if—
a
a person (“P”) makes an EPC application to the Council for the purposes of establishment as a nurse in a relevant European State other than the United Kingdom; and
b
P's home State is the United Kingdom.
2
P must submit with the EPC application the appropriate documents listed in paragraph 1 of Part A of Annex 2 to the Implementing Regulation 2015 (in addition to the information required in accordance with article 4 of the Implementing Regulation 2015 that is relevant to the application).
3
Within the period of one week beginning with the date on which it receives the EPC application, the Council must acknowledge receipt of the application and inform P of any missing document.
4
The Council must, within the period of one month beginning with the relevant day—
a
decide whether the documents in P's IMI file are authentic and valid for the purposes of the EPC application and whether P is qualified as an automatically recognised nurse; and
b
transmit its decision (under paragraph (a)) and the EPC application to the competent authority of P's host State (in order for that competent authority to decide whether to issue the European professional card: see article 4d(2) of the Directive) and, at the same time, inform P of the status of the application.
5
In this paragraph, “the relevant day” means the later of—
a
the day which falls one week after the day on which the Council receives the EPC application; or
b
the day on which the last relevant document is received by the Council.
6
For the purpose of sub-paragraph (5), “relevant document” means—
a
any previously missing document; or
b
any document that is requested by the Council in connection with the EPC application before the day described in sub-paragraph (5)(a).
Issue of European professional card for establishment in the United Kingdom11
1
This paragraph applies if—
a
a person (“P”) makes an EPC application to a competent authority of a relevant European State other than the United Kingdom for the purposes of establishment as a nurse in the United Kingdom;
b
P's home State is not the United Kingdom;
c
the competent authority of P's home State has decided whether the documents in P's IMI file are authentic and valid for the purposes of the EPC application and whether P is qualified as an automatically recognised nurse; and
d
the competent authority of P's home State transmits the decision described in paragraph (c) and the EPC application to the Council (in order for the Council to decide whether to issue the European professional card: see article 4d(2) of the Directive).
2
The Council may request additional information or a certified copy of a document from the competent authority of P's home State if it appears to the Council—
a
that the applicant may not be entitled to hold a European professional card in accordance with this Schedule; or
b
that a document or information supplied as part of the EPC application is not, or may not be, valid or correct.
3
Subject to sub-paragraphs (4) to (6), the Council must issue the European professional card within one month of receipt of the EPC application from the competent authority of P's home State.
4
The Council may extend the period in sub-paragraph (3)—
a
by two weeks; and
b
if considers it necessary to do so, in particular for reasons relating to public health or the safety of recipients or prospective recipients of nursing services from the EPC applicant, by a further two weeks following expiry of the two week extension under paragraph (a).
5
The Council must notify the applicant of any extension under sub-paragraph (4) and the reasons for it.
6
If the Council does not receive the documents or information necessary to determine whether to issue the European professional card, the Council may refuse to issue the card (also see paragraph 6: duty to give reasons and to notify of right of appeal).
7
If the Council fails to make a decision within the time limits set out in this paragraph—
a
the applicant is to be treated as entitled to the European professional card; and
b
the Council must issue the card to the applicant through the IMI immediately.
PART 4European professional cards for the provision of occasional nursing services in a relevant European State other than the United Kingdom
Issue of European professional card for the provision of occasional nursing services in a host State other than the United Kingdom12
1
This paragraph applies if—
a
a person (“P”) makes an EPC application to the Council for the purposes of providing occasional nursing services (which do not fall within article 7(4) of the Directive) in one or more relevant European States other than the United Kingdom; and
b
P's home State is the United Kingdom.
2
P must submit with the EPC application the documents listed in paragraphs (a) to (c) of Part B of Annex 2 to the Implementing Regulation 2015 (in addition to the information required in accordance with article 4 of the Implementing Regulation 2015 that is relevant to the application).
3
Within the period of one week beginning with the date on which the Council receives the EPC application, the Council must acknowledge receipt of the application and inform P of any missing document.
4
The Council must within three weeks of the relevant day—
a
consider P's EPC application, the authenticity and validity of the supporting documents and whether P is qualified as an automatically recognised nurse;
b
decide whether to approve or refuse the application and whether to issue the European professional card; and
c
transmit its decision (under paragraph (b)) and, if issued, the European professional card, to the competent authority of each host State concerned and, at the same time, inform P of its decision (also see paragraph 6: duty to give reasons and to notify of right of appeal).
5
Unless its period of validity is extended under paragraph 13, a European professional card issued under this paragraph expires 18 months after the date on which it is issued.
6
In this paragraph, “the relevant day” means the later of—
a
the day which falls one week after the day on which the Council receives the EPC application; or
b
the day on which the last relevant document is received by the Council.
7
For the purpose of sub-paragraph (6), “relevant document” means—
a
any previously missing document; or
b
any document that is requested by the Council in connection with the EPC application before the day described in sub-paragraph (6)(a).
Variation of a European professional card for the provision of occasional nursing services in a host State other than the United Kingdom13
1
This paragraph applies to an automatically recognised nurse (“P”) who holds a European professional card issued under paragraph 12.
2
If P wishes to provide relevant nursing services after the end of the period of 18 months beginning with the date on which the card was issued, P may apply to the Council for the period of validity of the card to be extended by 18 months or such shorter period as may be specified in the application.
3
If P wishes to provide relevant nursing services in a host State not already specified on the card, P may apply to the Council for the list of host States specified on the card to be supplemented with the addition of such relevant European States as may be specified in the application.
4
An application under sub-paragraph (2) or (3) must be accompanied by details of any material changes to documentation or information that—
a
was, pursuant to the Implementing Regulation 2015, provided to the Council with the EPC application under paragraph 12; and
b
is recorded in P's IMI file.
5
After considering an application under sub-paragraph (2) or (3), the Council must—
a
accept the application (see sub-paragraph (6)); or
b
if it appears to the Council that P is not, or may not be, entitled to hold a European professional card, reject the application and inform P of its decision (also see paragraph 6: duty to give reasons and to notify of right of appeal).
6
If the Council accepts the application, the Council must—
a
issue an amended European professional card;
b
transmit the card to the competent authority of each host State specified on the card; and
c
notify P.
7
In this paragraph, “relevant nursing services” means occasional nursing services that are provided or to be provided in a relevant European State other than the United Kingdom.
PART 5European professional card: requirements and entitlements as to registration
Requirement to register: establishment cases14
1
A person (“P”) who holds a valid European professional card for establishment in the United Kingdom is not entitled to practise as a nurse in the United Kingdom on the basis of establishment unless P complies with any requirements of, or under, this Order as to registration in the United Kingdom on that basis.
2
For the purposes of registration, P is not required to resubmit any document or evidence which is contained in P's IMI file and which is still valid.
Entitlement to registration: provision of occasional nursing services15
1
This paragraph applies to a person (“P”) who holds a valid European professional card, in relation to the provision of occasional nursing services in the United Kingdom, which—
a
has been transmitted to the Council through the IMI by the competent authority of P's home State (pursuant to article 4c of the Directive); or
b
has been issued by the Council under regulation 52 of the General Systems Regulations.
2
Subject to sub-paragraphs (3) to (6)—
a
P is entitled to be entered in the register and the Council must give effect to that entitlement; and
b
if P is not entered in the register, P is treated as being so entered.
3
If P's European professional card has been issued by the Council under regulation 52 of the General Systems Regulations, P's entitlement to be entered in the register ceases at the end of the period of 12 months beginning with the date on which the Council issued P's card.
4
This sub-paragraph applies if—
a
P's European professional card is, or becomes, invalid;
b
P is subject to a disqualifying decision; or
c
P becomes established as a nurse in the United Kingdom.
5
If sub-paragraph (4) applies—
a
the Council may refuse to enter P in, or may remove P from, the register; and
b
sub-paragraph (2) ceases to apply.
6
This paragraph is without prejudice to any other provision of this Order under which the name of a registered nurse may be removed from the register or under which the registration of a registered nurse may be suspended.
PART 6Conditions in relation to fitness to practise
Conditions in relation to fitness to practise: providers of occasional nursing services16
1
Sub-paragraph (2) applies in relation to a person (“P”) who—
a
falls within paragraph 15(1); and
b
is entered in the register.
2
If it falls to be decided whether P's fitness to practise is or may be impaired on the ground of misconduct for any of the purposes of this Order, then “misconduct” includes any act or omission by P during the course of P's provision of occasional nursing services—
a
which constitutes a breach of a condition or limitation to which P is subject in relation to P's practice as a nurse in P's home State; or
b
which would constitute a breach of the condition or limitation mentioned in paragraph (a) if that condition or limitation applied in relation to P's practice as a nurse outside of P's home State.
SCHEDULE 3F8DIRECTIVE 2005/36: FUNCTIONS OF THE COUNCIL UNDER ARTICLE 40(2)
Sch. 3 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 172
Words in Sch. 3 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 70(2) (with reg. 155)
Words in Sch. 3 substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 70(3)(a) (with reg. 155)
Words in Sch. 3 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 70(3)(b) (with reg. 155)
Words in Sch. 3 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 70(4) (with reg. 155)
Words in Sch. 3 Table inserted (18.1.2016) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 42; S.I. 2015/1451, art. 4
Words in Sch. 3 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 70(5) (with reg. 155)
Words in Sch. 3 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 70(6) (with reg. 155)
Provision of Directive | Function of Council | |
|---|---|---|
F56Article 4a | Ensuring that the holder of a European professional card benefits from all of the rights conferred by articles 4b to 4e of the Directive. Charging reasonable fees to cover the costs of processing applications for or in relation to European professional cards under Schedule 2B and under Part 4 of the General Systems Regulations. | |
Article 4b | Enabling nurses responsible for general care to apply for a European professional card in accordance with Schedule 2B and in accordance with Part 4 of the General Systems Regulations. | |
Article 4c | Verifying the application and supporting documents in the IMI file and issuing the European professional card for nurses responsible for general care for the temporary and occasional provision of nursing services other than those covered by article 7(4) of the Directive. | |
Article 4d | Verifying the authenticity and validity of the application and supporting documents in the IMI file for the purpose of issuing the European professional card for nurses responsible for general care for establishment or for the temporary and occasional provision of nursing services under article 7(4) of the Directive. | |
Article 4e | Updating, in a timely manner, the IMI file of a holder of a European professional card with information about disciplinary actions or criminal sanctions regarding a prohibition or restriction and which have consequences for the pursuit of any professional activities by that person the under the Directive. | |
Article 4f | Considering applications for partial access to the profession of nursing and midwifery under regulations 10 and 11 of the General Systems Regulations. | |
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) | F57In the event of justified doubts, 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. | |
F58Receiving information from, or providing information to, other competent authorities in relation to a person's training courses to the extent necessary to assess substantial differences likely to be harmful to public health and safety. | ||
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 41 | Issuing 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 VII | Issuing, 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 VII | Issuing 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. | |
F59Article 50(3a) | In the event of justified doubts, seeking confirmation from, or providing confirmation to, other competent authorities of the fact that the applicant is not suspended or prohibited from the pursuit of the profession of nursing and midwifery as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of the applicant's professional activities. | |
Article 50(3b) | Ensuring that the exchange of information under article 50 of the Directive with other competent authorities takes place through the IMI. | |
F53Article 53 | Ensuring that any language controls imposed on a nurse or midwife are compliant with article 53 of the Directive. | |
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. | |
F60Ensuring that the processing of personal data for the purposes of the exchange of information in accordance with article 56(2) of the Directive is carried out in accordance with Directive 95/46/EC and Directive 2002/58/EC and through the IMI. | ||
F61Article 56(2a) | Ensuring that the exchange of information carried out in accordance with article 56(2) of the Directive takes place through the IMI. | |
Article 56a (1) and (2) | Informing all other competent authorities, by way of an alert through the IMI, about a nurse or midwife whose professional activities have been restricted or prohibited, even temporarily, within three days from the date of adoption of the decision; ensuring the information provided is limited to the information referred to in article 56a(2) of the Directive. | |
Article 56a(3) | Informing all other competent authorities, by way of an alert through the IMI, about the identity of professionals who have applied for registration and who have been subsequently found to have used falsified evidence of professional qualifications, within three days from the date of the finding. | |
Article 56a(4) | Ensuring that the processing of personal data for the purposes of the exchange of information under article 56a(1) and (3) of the Directive is carried out in accordance with Directive 95/46/EC and Directive 2002/58/EC. | |
Article 56a(5) | Informing all other competent authorities through the IMI without delay when— (a) a prohibition or a restriction referred to in article 56a(1) of the Directive has expired; (b) there is a change to the prohibition period notified under article 56a(2) of the Directive. | |
Article 56a(6) | Notifying the nurse or midwife, in respect of whom an alert is sent under article 56a(1) or (3) of the Directive, in writing at the same time as the alert is sent, that the nurse or midwife— (a) is the subject of an alert sent under article 56a(1) or (3) of the Directive; (b) has the right to appeal the decision or to apply for rectification of the decision; (c) has the right to access remedies in respect of any damage caused by false alerts sent to other competent authorities. Informing competent authorities, where applicable, that an alert is the subject of appeal proceedings by the nurse or midwife. | |
Article 56a(7) | Ensuring that an alert made under article 56a(1) of the Directive is deleted from the IMI within three days of— (a) the date of adoption of the revoking decision; or (b) the expiry of the prohibition or restriction referred to in that article. | |
Article 57a(1) | Ensuring that all requirements, procedures and formalities relating to the recognition of qualifications as a nurse or a midwife may be easily completed by the applicant remotely and by electronic means. | |
I13I44I47I48I59I61SCHEDULE 4INTERPRETATION
Sch. 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)
Sch. 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)
Sch. 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)
Sch. 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)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(a)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(b)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(c)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(d)
Words in Sch. 4 omitted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by virtue of The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 11(a)
Words in Sch. 4 inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 29
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(e)
Words in Sch. 4 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(f)
Words in Sch. 4 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 71(3) (with reg. 155)
Words in Sch. 4 inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(g)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(h)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(i)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(j)
Words in Sch. 4 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(k)
Words in Sch. 4 substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 71(2) (with reg. 155)
Words in Sch. 4 substituted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 11(b)
Sch. 4: in definition of “local supervising authority” paras. (a)(aa) substituted for para. (a) (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 1, Sch. 1 para. 100(3)
Words in Sch. 4 substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 51(3) (with Sch. 3 para. 6(2))
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(m)
Words in Sch. 4 substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(n)
Words in Sch. 4 added (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 4(2)(b)(iii)
Words in Sch. 4 inserted (19.10.2015) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 43; S.I. 2015/1451, art. 2(d)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(o)
Words in Sch. 4 inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(p)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(q)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(r)
Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(s)
Words in Sch. 4 inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(t)
I13I44I48I59I61In this Order, unless the context otherwise requires—
“the 1997 Act” means the Nurses, Midwives and Health Visitors Act 19977;
F9...
F10...
F11...
F12...
F32...
“application for restoration” has the meaning given to it in article 33;
F51“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;
F13...
F14“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;
- a
F32...
F32...
“the Council” means the Nursing and Midwifery Council established under article 3;
F63“Directive 95/46/EC” means Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as amended from time to time;
F63“Directive 2002/58/EC” means Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended from time to time;
F15“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;
F16...
F17...
F18...
F63“European professional card” has the meaning given in the Directive;
F19“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 F48EU right; or
- c
a person who is not a national of a relevant European State but who is, by virtue of an enforceable F48EU 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;
- a
F62“General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015;
F63“IMI” means the Internal Market Information System, the online, secure messaging system developed by the European Commission;
F63“IMI file” means a secure personal account in the IMI that is created in relation to an applicant for a European professional card by means of an online tool provided by the European Commission;
F51“indemnity arrangement” is to be construed in accordance with article 12A(2);
F33“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—
F20...
“national”, in relation to F21a relevant European State, means the same as it does for the purposes of the F48EU Treaties F4but 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 F48EU provisions relating to the free movement of persons and services.;
F32...
F52“the necessary knowledge of English”—
- 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;
- 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;
- a
F22...
“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;
F32...
“Registrar” means the person appointed under article 4;
F23“relevant European State” means an EEA State or Switzerland;
“Screeners” means persons appointed under article 23;
F24...
F25...
“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);
F26...
“United Kingdom country” means England, Scotland, Wales or Northern Ireland.
F27“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.
SCHEDULE 5CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION
The Parliamentary Commissioner Act 1967 (c. 13)I381
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.
Medicines Act 1968 (c. 67)I502
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,”.
The Fair Trading Act 1973 (c. 41)F33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Commons Disqualification Act 1975 (c. 24)I394
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.
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)I405
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.
National Health Service Act 1977 (c. 49)F66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Interpretation Act 1978I517
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.
The Registered Homes Act 1984 (c. 23)I418
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.”.
The Video Recordings Act 1984 (c. 39)I529
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”.
Children Act 1989 (c. 41)I5310
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”.
The Registered Homes (Northern Ireland) Order 1992 (S.I.1992/3204 (NI 20))I5411
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”.
The Value Added Tax Act 1994 (c. 23)I5512
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”.
Employment Rights Act 1996 (c. 18)I5613
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”.
Data Protection Act 1998 (c. 29)I5714
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
Government of Wales Act 1998 (c. 38)I4215
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.
The Health Act 1999 (c. 8)I5816
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.
Freedom of Information Act 2000 (c. 36)I4317
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.
Sch. 1 modified (temp.) (1.4.2002) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order 2002 (S.I. 2002/1125), arts. 1(1)(c), 2(1)(b)