http://www.legislation.gov.uk/id/uksi/2002/253

http://www.legislation.gov.uk/uksi/2002/253/article/34/made

The Nursing and Midwifery Order 2001

Midwives

Health and social care professionals

Nurses

Fitness

Care

King's Printer of Acts of Parliament

2016-07-08

NURSES AND MIDWIVES

This Order provides for the regulation of nurses and midwives and creates a regulatory body, the Nursing and Midwifery Council, which is required to set standards of education, training, conduct and performance and to put in place arrangements to ensure that they are met (article 3). It provides for the Council to keep a register of qualified nurses and midwives and creates four statutory committees: the Investigating Committee, Conduct and Competence Committee, Health Committee and Midwifery Committee (article 3(9)). The Order replaces the regulatory system provided for by the Nurses, Midwives and Health Visitors Act 1997.

The Nursing and Midwifery Order 2001

art. 22(1)(a)(vi)

(vii)

The Nursing and Midwifery (Amendment) Order 2008

Sch. 1

para. 4

art. 1(4)(a)

The Nursing and Midwifery Order 2001

art. 5A(6A)

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Sch. 3

para. 61

reg. 1

The Nursing and Midwifery Order 2001

art. 7(2A)-(2D)

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Sch. 3

para. 62

reg. 1

The Nursing and Midwifery Order 2001

art. 9(4A)

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Sch. 3

para. 63(a)

reg. 1

The Nursing and Midwifery Order 2001

art. 13(5A)-(5D)

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Sch. 3

para. 64(b)

reg. 1

The Nursing and Midwifery Order 2001

art. 13ZA

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Sch. 3

para. 65

reg. 1

The Nursing and Midwifery Order 2001

art. 21A

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Sch. 3

para. 66

reg. 1

PART VFITNESS TO PRACTISE

Legal assessors34

1

The Council shall appoint legal assessors.

2

Legal assessors shall have the general function of giving advice to—

a

Screeners;

b

the Practice Committees;

c

the Registrar; or

d

the Council,

on questions of law arising in connection with any matter which any of those persons is considering under article 9 or 10, Part V or VI.

3

They may at the request of the person mentioned in paragraph (2) assist in the drafting of any decision required by this Order to be issued under any of the provisions mentioned in that paragraph.

4

They shall have such other functions as may be conferred on them by rules made by the Council.

5

To be qualified for appointment as a legal assessor, a person must—

a

have a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); or

b

be an advocate or solicitor in Scotland of at least 10 years' standing; or

c

be a member of the Bar of Northern Ireland of at least 10 years' standing.

6

No person shall be a legal assessor if he is—

a

a member of the Council;

b

a member of a Practice Committee;

c

a Screener, visitor or medical or registrant assessor; or

d

employed by the Council.

7

The Council may make such provision in respect of legal assessors as it may determine—

a

for the payment of fees and allowances, including the payment of allowances to employers of legal assessors for the purposes of enabling legal assessors to perform functions under this article;

b

for the reimbursement of such expenses as the legal assessors may reasonably have incurred in the course of carrying out their functions under this Order.