SCHEDULES

SCHEDULE 4 Nurses, midwives and nursing associates

PART 1 Amendments to legislation

1 Interpretation
In this Schedule, “the 2001 Order” means the Nursing and Midwifery Order 2001 .
Sch. 4 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
S.I. 2002/253.

2 Nursing and Midwifery Order 2001
The 2001 Order is amended as follows.
Sch. 4 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
3 In article 5A (knowledge of English) , omit paragraphs (5) and (7).
Sch. 4 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Article 5A was inserted by S.I. 2015/806.
4 In article 6 (register of nurses, midwives and nursing associates) , omit paragraph (3)(aa).
Sch. 4 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Paragraph (3)(aa) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.
5 In article 7 (register: supplemental provision) , omit paragraph (4).
Sch. 4 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Paragraph (4) was inserted by S.I. 2007/3101 and substituted by S.I. 2018/838.
6 In article 8 (access to register) , omit paragraph (5).
Sch. 4 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Relevant amending instrument is S.I. 2007/3101.
7 In article 9 (registration) —
(a) in paragraph (1), for “Subject to paragraph (7), a” substitute “ A ”;
(b) omit paragraphs (3A) to (3C);
(c) in paragraph (5), for the words from “ “the specified period”” to the end substitute “ “the specified period” means the period of three months beginning with the relevant date. ”;
(d) in paragraph (6), omit the words from “, including” to “13(1A),”;
(e) omit paragraph (7).
Sch. 4 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Paragraphs (3A) and (7) were inserted by S.I. 2007/3101, paragraphs (3B) and (3C) were inserted by S.I. 2015/806. Paragraph (5) was substituted by S.I. 2007/3101 and paragraph (7) was substituted by S.I. 2018/838. Relevant amending instruments are S.I. 2007/3101, 2015/806, 2018/838.
8 In article 10 (renewal and readmission) —
(a) in paragraph (1), for “Subject to paragraph (6), where” substitute “ Where ”;
(b) omit paragraph (6).
Sch. 4 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Paragraph (1) was amended by and paragraph (6) was inserted by S.I. 2007/3101.
9 In article 12A (indemnity arrangements) , omit paragraph (11).
Sch. 4 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Article 12A was inserted by S.I. 2014/1887 and paragraph (11) was substituted by S.I. 2018/838.
10 In article 13 (approved qualifications) —
(a) in paragraph (1)—
(i) at the end of sub-paragraph (a), insert “ or ”;
(ii) omit sub-paragraphs (b) and (c);
(iii) in sub-paragraph (d)—
(aa) omit “he is not an exempt person and”;
(bb) at the end insert “ or ”;
(iv) omit sub-paragraphs (e) and (f);
(b) omit paragraphs (1A) and (1B);
(c) after paragraph (2) insert—

“3 A relevant European qualification is to be treated as a qualification as to which the Council is satisfied as mentioned in paragraph (1)(d)(i) (and accordingly included in any list kept under paragraph (2)(a)).
4 In this article “relevant European qualification” means a qualification that falls within article 13AA and has not been designated by the Council for the purposes of this paragraph.
5 The Council—
(a) may designate a qualification for the purposes of paragraph (4) only with the approval of the Privy Council;
(b) must maintain and publish a list of the qualifications that are so designated.
6 A person who applies, on or after IP completion day, for admission to the register is to be deemed to satisfy the requirements of Article 9(2)(a).
Words in Sch. 4 para. 10(c) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(2)”

.
Sch. 4 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Paragraphs (1)(b)-(f) were substituted, by and paragraphs (1A) and (1B) were inserted by, S.I. 2007/3101. Relevant amending instruments are S.I. 2015/806, 2016/1030, 2018/838.
11 After article 13 insert—

“13AA European qualifications
1 Subject to the following provisions of this article, a qualification falls within this article if it was awarded in a relevant European State and—
(a) in relation to registration as a nurse in sub-Part 1 of the Nurses' Part of the register, it is listed in Annex V, point 5.2.2 of the Directive;
(b) in relation to registration in the Midwives' Part of the register, it is listed in Annex V, point 5.5.2 of the Directive.
2 A qualification within paragraph (1)(b) falls within this article only if—
(a) it attests to training that satisfies the conditions in paragraph (1)(a), (b) or (c) of article 41 of the Directive, and
(b) in the case mentioned in paragraph (1)(c) of that article, it is accompanied by a certificate of the sort described in paragraph (2) of that article.
3 A qualification does not fall within this article if it was awarded before the reference date, or on or after that date in respect of a course of training begun before that date.
4 In paragraph (3), “reference date” means—
(a) in the case of a qualification within paragraph (1)(a), the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.2.2 of the Directive;
(b) in the case of a qualification within paragraph (1)(b), the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.5.2 of the Directive.”

.
Sch. 4 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
12 Omit article 14 (EEA qualifications) .
Sch. 4 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Relevant amending instrument is S.I. 2007/3101.
13 In article 15 (education and training) , omit paragraph (2).
Sch. 4 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Relevant amending instrument is S.I. 2007/3101.
14 In article 19 (post-registration training) , omit paragraphs (2A) to (2D).
Sch. 4 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Paragraphs (2A) to (2D) were inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.
15 In article 37 (appeals against decisions of the Registrar) —
(a) in paragraph (1), omit sub-paragraphs (zb), (aa), and (e) to (h);
(b) in paragraph (9)—
(i) in sub-paragraph (b), omit the words from “or, in” to the end;
(ii) at the end of paragraph (c), insert “ or ”;
(iii) omit sub-paragraph (ca) (including the final “or”).
Sch. 4 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Paragraph (1)(zb) was inserted by S.I. 2015/806. Paragraph (1)(aa) was inserted by S.I. 2007/3101. Paragraphs (1)(e)-(h) and (9)(ca) were inserted by, and paragraph (9)(b) was amended by, S.I. 2016/1030. Relevant amending instruments are S.I. 2016/1030, 2018/838.
16 In article 38 (other appeals) , in paragraph (3)—
(a) in sub-paragraph (b), omit the words from “or, in” to the end;
(b) at the end of paragraph (c), insert “ or ”;
(c) omit sub-paragraph (ca) (including the final “or”).
Sch. 4 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Paragraph (3)(ca) was inserted by S.I. 2016/1030. Relevant amending instruments are S.I. 2016/1030, 2017/231.
17 Omit articles 39 to 40 (EEA provisions) .
Sch. 4 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Articles 39 and 40 were substituted by, and article 39A was inserted by, S.I. 2007/3101. Article 39B was inserted by S.I. 2016/1030. Article 39C was inserted by S.I. 2018/838. Relevant amendments made by Schedule 19 to the Data Protection Act 2018. Relevant amending instruments are S.I. 2016/1030, 2018/838.
18 Omit article 55 (review) .
Sch. 4 para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Article 55 was inserted by S.I. 2016/1030.
19 Omit Schedule 2A (visiting European practitioners) .
Sch. 4 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Schedule 2A was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2011/1043, 2016/1030.
20 Omit Schedule 2B (European Professional Card) .
Sch. 4 para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Schedule 2B was inserted by 2016/1030, and amended by Schedule 19(2) Data Protection Act 2018.
21 Omit Schedule 3 (competent authority functions) .
Sch. 4 para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Schedule 3 was substituted by 2007/3101, and amended by Schedule 19(2) Data Protection Act 2018. Relevant amending instruments are S.I. 2015/806, 2016/1030.
22 In Schedule 4 (interpretation) —
(a) for the definition of “the Directive” substitute—

““the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;”

;
Words in Sch. 4 para. 22(a) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(3)
(b) omit the definitions of “competent authority”, “Directive 2002/58/EC”, “European professional card”, “exempt person”, “General Systems Regulations”, “IMI”, “IMI file”, “national”, and “visiting nurse, midwife or nursing associate from a relevant European State”.
Sch. 4 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Relevant amending instruments are Data Protection Act 2018, S.I. 2003/3148, 2007/3101, 2011/1043, 2016/1030, 2018/838.

23 Nursing and Midwifery Council (Fees) Rules 2004
In the Nursing and Midwifery Council (Fees) Rules 2004 , in rule 3 (prescribed fees), in the table—
(a) omit entry (d);
(b) in Column (2)—
(i) in entry (a), for “, (b), (c), (dd), (e) or (f)” substitute “ or (dd) ”;
(ii) in entry (c), omit “(c),”.
Sch. 4 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
As set out in the Schedule to the Nursing and Midwifery Council (Fees) Rules Order of Council 2004 (S.I. 2004/1654).

24 Nursing and Midwifery Council (Parts of and Entries in the Register) Order of Council 2004
In the Nursing and Midwifery Council (Parts of and Entries in the Register) Order of Council 2004 , omit article 8.
Sch. 4 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
S.I. 2004/1765. Relevant amending instruments are S.I. 2007/3101, 2018/838.

25 European Nursing and Midwifery Qualifications Designation Order of Council 2004
The European Nursing and Midwifery Qualifications Designation Order of Council 2004 is revoked.
Sch. 4 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
S.I. 2004/1766.

26 Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004
The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 are amended as follows.
(1) In rule 2 (interpretation) , omit paragraph (2).
Paragraph (2) was inserted by S.I. 2007/3101.
(2) Omit rule 2A (visiting European practitioners) .
Rule 2A was inserted by S.I. 2007/3101 and substituted by pending amending instrument S.I. 2018/838.
(3) In rule 3 (education) , omit paragraphs (1) to (2).
Paragraphs (1) and (2) were substituted by S.I. 2007/3101.
(4) In rule 5 (applications for registration) —
(a) in paragraph (2)(a)—
(i) at the end of paragraph (i), insert “ or ”;
(ii) omit paragraph (ii);
(iii) in paragraph (iii), omit “(c),”;
(iv) omit paragraph (iv) (and the “or” before it);
(b) omit paragraphs (3) to (4A).
Paragraphs (3) and (4) were inserted by S.I. 2007/3101. Paragraph (4A) was inserted by S.I. 2016/1030. Relevant amending instruments are S.I. 2007/3101, 2016/1030, 2018/838.
(5) In rule 6 (declarations of good health and character) —
(a) in paragraph (1)(e), omit “(c) or”;
(b) omit paragraphs (1A) to (1F);
(c) in paragraph (5)(b), omit “or paragraph (1D), (1E),”;
(d) in paragraph (6)(b), omit “or paragraph (1B), (1C),”.
Paragraphs (1A) to (1F) were inserted by S.I. 2007/3101, except paragraph (1ZA) which was inserted by S.I. 2018/838. Relevant amending instruments are S.I. 2007/3101, 2018/838.
(6) In rule 8 (unsuccessful applications) —
(a) for “13(1)(b), (c), (d), (dd), (e) or (f)” substitute “ 13(1)(d) or (dd) ”;
(b) in paragraphs (b) and (c), omit “or (d)”.
Rule 8 was substituted by 2011/2297. Relevant amending instrument is S.I. 2018/838.
(7) In rule 15 (readmission) , in paragraph (2), omit “to (1E)”.
Relevant amending instruments are S.I. 2007/3101, 2014/1887, 2015/1923. There are other amending instruments but none is relevant.
(8) In rule 20 (periods for appeals) —
(a) in paragraph (a)—
(i) for “(za), (zb), (a), (aa), (b), (c) or (e) to (h)” substitute “ (za), (a), (b) or (c) ”;
(ii) at the end insert “ or ”;
(b) omit paragraph (c) (and the “or” before it).
Relevant amending instruments are S.I. 2015/1923, 2016/1030.
(9) In rule 21 (notice of appeal) , in paragraph (2)—
(a) in sub-paragraph (iii), for “(za), (zb), (a), (aa), (b), (c) or (e) to (g)” substitute “ (za), (a), (b) or (c) ”;
(b) in sub-paragraph (iv), omit “or (h)”.
Relevant amending instruments are S.I. 2015/1923, 2016/1030.
(10) In Schedule 3 (applications for registration) , omit paragraphs (ba) and (bb).
Relevant amending instrument is S.I. 2007/3101.
Sch. 4 para. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
As set out in the Schedule to the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004 (S.I. 2004/1767).