The United Kingdom Central Council for Nursing, Midwifery and Health Visiting, in exercise of the powers conferred on it by sections 2(3) and 22 of the Nurses, Midwives and Health Visitors Act 1979(1) and of all other powers enabling it in that behalf and having, in accordance with sections 4(2) and 22(3) of that Act, consulted the Midwifery Committee, the National Boards and representatives of groups of persons likely to be affected by these Rules, hereby make the following Rules:—
1.—(1) These Rules may be cited as the Nurses, Midwives and Health Visitors (Admission to the Register and Training) Amendment Rules 1996.
(2) In these Rules, “the principal Rules” means the Nurses, Midwives and Health Visitors Rules 1983(2).
2.—(1) The principal Rules shall be amended in accordance with the following paragraphs of this rule.
(2) In rule 7 (admission to the register following professional qualification in a Member State of the European Communities)—
(a)in the title for “a member State of the European Communities” there is substituted “an EEA State other than the United Kingdom”;
(b)in paragraph (1) for the words “A national of a member State of the European Communities” there are substituted the words “A national of an EEA State to whom rule 6 does not apply”; and
(c)after paragraph (1), there is added—
“(2) Any person who—
(a)is not a national of an EEA State but who has a qualification referred to in section 11(3)(b) of the Act(3); and
(b)is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68(4), or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,
shall be treated for the purposes of paragraph (1) above as if she were such a national.”.
(3) In rule 8(4) (admission to the register following training outside the United Kingdom), after the words “satisfy the Council” there is inserted “, unless she is exempt from this requirement,”.
(4) After paragraph (4) of rule 8 there is added the following paragraph—
“(5) For the purposes of this rule a person is exempt from the requirement in paragraph (4) above if—
(a)she is a national of an EEA State; or
(b)she is not a national of an EEA State but is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, the profession of midwifery or the profession of health visiting, no less favourably than such a national.”.
(5) In rules 14A(13)(a) and 18(4) (education and training for admission to Parts of the register) in the definition of “Nursing Directive” after the word “care” there are inserted the words “as amended by Council Directive No. 89/595/EEC(5) ”.
(6) In rule 27 (interpretation of Part V relating to midwives) in the definition of “Midwives Directive” after the word “midwives” there are inserted the words “as amended by Council Directive No. 89/594/EEC(6) ”.
1979 c. 36. Section 2(3) was amended by paragraph 3 of Schedule 2 to the Nurses, Midwives and Health Visitors Act 1992 (c. 16) and section 22 by section 14 of that Act.
Approved by S.I. 1983/873; relevant amendments were made by Rules approved by S.I. 1986/786, 1989/1456, 1990/1624, 1991/2907 and 1993/1901.
Section 11 has been amended by S.I. 1996/3101.
O.J. No. L257, 19.10.68, p. 1 (amended by Council Regulation (EEC) No. 312/76, O.J. No. L39, 14.2.76, p. 2).
O.J. No. L341, 23.11.89, p. 30.
O.J. No. L341, 23.11.89, p. 19.