Visiting nurses, midwives and nursing associates: saving of old law for up to one year
28.—(1) Where, immediately before exit day—
(a)a visiting nurse or midwife was entitled under paragraph 4 or 7 of Schedule 2A to the 2001 Order to provide occasional services, or
(b)the Registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a nurse or midwife seeking to acquire that entitlement,
any provision made by or under the Order continues to apply in relation to the nurse or midwife without the amendments that the Part 1 of this Schedule makes to the provisions relating to visiting midwives and certain visiting nurses from relevant European states.
(2) But a visiting nurse or midwife’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or after exit day (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).
(3) The reference in sub-paragraph (1) to “the provisions relating to visiting midwives and certain visiting nurses from relevant European states” is to the provisions listed in the following table.
| Act or instrument | Provision relating to visiting practitioners |
|---|---|
| The 2001 Order | article 6(3)(aa) |
| article 7(4) | |
| article 9(1) and (7) | |
| article 10(1) and (6) | |
| article 12A(11) | |
| article 19(2A) to (2D) | |
| article 37(1)(aa) | |
| article 39 | |
| Schedule 2A | |
| in Schedule 4, the definitions of “competent authority”, “the Directive”, “exempt person”, “General Systems Regulations”, “national”, “relevant European State” and “visiting nurse or midwife from a relevant European State” | |
| Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 | article 8 |
| Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 | rule 2A |
| rule 20(a) (so far as it relates to article 37(1)(aa) of the 2001 Order) | |
| rule 21(2)(a)(iii) (so far as it relates to article 37(1)(aa) of the 2001 Order) |