The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 No. 1286

SCHEDULE 3 U.K. Amendments for the purpose of, and in connection with, implementing the EEA EFTA free trade agreement

PART 5 U.K. Amendments in relation to healthcare professions

Amendments to the Nursing and Midwifery Order 2001 U.K.

64.  In article 13 (approved qualifications)(1)—

(a) for paragraph (1)(d)(iii), substitute—

“(iii) subject to article 13ZA, the Council is satisfied that, following any test of competence that it may require the applicant to take, the applicant has the requisite standard of proficiency for admission to the part of the register in respect of which the applicant is applying, provided that a specified state professional who has passed an aptitude test or successfully completed an adaptation period must be deemed to have the requisite standard of proficiency referred to;”;

(b) after paragraph (5), insert—

“(5A) The Council may determine that a specified state qualification is not evidence of having reached a standard of proficiency comparable to that evidenced by a qualification approved under paragraph (1)(a) only where one or more of Conditions 1 to 3 are met.

(5B) Condition 1 is met where there exists a substantial difference between the standard of proficiency evidenced by that specified state qualification and the requisite standard of proficiency for admission to the part of the register in respect of which the applicant is applying.

(5C) Condition 2 is met where the professional activities to which a qualification approved under paragraph (1)(a) relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification.

(5D) Condition 3 is met where requiring a person who holds the specified state qualification to pass an aptitude test or to successfully complete an adaptation period, or to do both, would amount to requiring the person to acquire a qualification approved under paragraph (1)(a).”.

Commencement Information

I1 Sch. 3 para. 64 in force at 1.12.2023, see reg. 1

(1)

Relevant amending instruments are S.I. 2007/3101, 2019/593 and 2023/162.