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The Nursing and Midwifery (Amendment) Order 2018

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Insertion of new article 13A

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12.  After article 13 (approved qualifications) insert—

Transitional provisions relating to admission to the register

13A.(1) This article applies to a person who, on or before 26th July 2019—

(a)has been awarded a specified qualification; or

(b)has commenced a course of education or training leading to a specified qualification.

(2) A person referred to in paragraph (1) who applies for admission to the nursing associates’ part of the register under article 9(1) (“the applicant”) and who satisfies the conditions in paragraph (3) of this article, shall be treated as holding an approved qualification for the purposes of article 9(2)(a).

(3) The conditions referred to in paragraph (2) are that—

(a)the applicant provides evidence of the award of the specified qualification and the Council is satisfied, on the basis of that evidence, that the applicant has been awarded that qualification; and

(b)the Council is satisfied that the qualification attests to a standard of proficiency comparable to the requisite standard of proficiency for admission to the nursing associates’ part of the register; or

(c)the Council is not so satisfied but the applicant has undergone in the United Kingdom or elsewhere such additional training or experience as satisfies the Council, following any test of competence as it may require the applicant to take, that the applicant has the requisite standard of proficiency for admission to the nursing associates’ part of the register.

(4) For the purposes of this article—

(a)“a specified qualification” means a qualification as a nursing associate awarded—

(i)on the satisfactory completion of a course of education or training which has been approved by Health Education England(1) in accordance with sections 97, 98, 99, 100 and 101 of the Care Act 2014(2), or

(ii)as part of an approved English apprenticeship for nursing associates under an approved English apprenticeship agreement;

(b)“an approved English apprenticeship” and “an approved English apprenticeship agreement” have the meanings given in section A1(2) and (3) respectively of the Apprenticeship, Skills, Children and Learning Act 2009(3)..

(1)

Health Education England is a body corporate established by section 96(1) of the Care Act 2014 (c. 23).

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