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The Nursing and Midwifery (Amendment) Order 2008

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Amendment of article 3

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1.  In article 3 (the Nursing and Midwifery Council and its Committees)—

(a)for paragraph (5) substitute the following paragraphs—

(5) In exercising its functions, the Council shall—

(a)have proper regard for—

(i)the interests of persons using or needing the services of registrants in the United Kingdom, and

(ii)any differing interests of different categories of registrants;

(b)co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

(i)the employment (whether or not under a contract of service) of registrants,

(ii)the education or training of nurses, midwives or other health care professionals,

(iii)the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv)the regulation of health services, and

(v)the provision, supervision or management of health services.

(5A) In carrying out its duty to co-operate under paragraph (5)(b), the Council shall have regard to any differing considerations relating to practising as a nurse or midwife which apply in England, Scotland, Wales or Northern Ireland.

(5B) In paragraph (5), “health care professionals” means persons regulated by a body, other than the Council, mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(1) (which relates to the Council for the Regulation of Health Care Professionals).;

(b)omit paragraph (7);

(c)before paragraph (8) insert the following paragraph—

(7A) The Council shall be constituted as provided for by order of the Privy Council, subject to Part 1 of Schedule 1.; and

(d)in paragraph (8), after “of the Council” insert “and orders of the Privy Council under paragraph (7A)”.

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