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1. In this Schedule, “the 2001 Order” means the Nursing and Midwifery Order 2001 M1.
Commencement Information
I1Sch. 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)
Marginal Citations
2. The 2001 Order is amended as follows.
Commencement Information
I2Sch. 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) M2, omit paragraphs (5) and (7).U.K.
Commencement Information
I3Sch. 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)
Marginal Citations
M2Article 5A was inserted by S.I. 2015/806.
4. In article 6 (register of nurses, midwives and nursing associates) M3, omit paragraph (3)(aa).U.K.
Commencement Information
I4Sch. 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)
Marginal Citations
M3Paragraph (3)(aa) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.
5. In article 7 (register: supplemental provision) M4, omit paragraph (4).U.K.
Commencement Information
I5Sch. 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)
Marginal Citations
M4Paragraph (4) was inserted by S.I. 2007/3101 and substituted by S.I. 2018/838.
6. In article 8 (access to register) M5, omit paragraph (5).U.K.
Commencement Information
I6Sch. 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)
Marginal Citations
M5Relevant amending instrument is S.I. 2007/3101.
7. In article 9 (registration) M6—U.K.
(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).
Commencement Information
I7Sch. 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)
Marginal Citations
M6Paragraphs (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) M7—U.K.
(a)in paragraph (1), for “Subject to paragraph (6), where” substitute “ Where ”;
(b)omit paragraph (6).
Commencement Information
I8Sch. 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)
Marginal Citations
M7Paragraph (1) was amended by and paragraph (6) was inserted by S.I. 2007/3101.
9. In article 12A (indemnity arrangements) M8, omit paragraph (11).U.K.
Commencement Information
I9Sch. 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)
Marginal Citations
M8Article 12A was inserted by S.I. 2014/1887 and paragraph (11) was substituted by S.I. 2018/838.
10. In article 13 (approved qualifications) M9—U.K.
(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.
[F1(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).”].
Textual Amendments
F1Words 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)
Commencement Information
I10Sch. 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)
Marginal Citations
M9Paragraphs (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—U.K.
13AA.—(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.”.
Commencement Information
I11Sch. 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) M10.U.K.
Commencement Information
I12Sch. 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)
Marginal Citations
M10Relevant amending instrument is S.I. 2007/3101.
13. In article 15 (education and training) M11, omit paragraph (2).U.K.
Commencement Information
I13Sch. 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)
Marginal Citations
M11Relevant amending instrument is S.I. 2007/3101.
14. In article 19 (post-registration training) M12, omit paragraphs (2A) to (2D).U.K.
Commencement Information
I14Sch. 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)
Marginal Citations
M12Paragraphs (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) M13—U.K.
(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”).
Commencement Information
I15Sch. 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)
Marginal Citations
M13Paragraph (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) M14, in paragraph (3)—U.K.
(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”).
Commencement Information
I16Sch. 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)
Marginal Citations
M14Paragraph (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) M15.U.K.
Commencement Information
I17Sch. 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)
Marginal Citations
M15Articles 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) M16.U.K.
Commencement Information
I18Sch. 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)
Marginal Citations
M16Article 55 was inserted by S.I. 2016/1030.
19. Omit Schedule 2A (visiting European practitioners) M17.U.K.
Commencement Information
I19Sch. 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)
Marginal Citations
M17Schedule 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) M18.U.K.
Commencement Information
I20Sch. 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)
Marginal Citations
M18Schedule 2B was inserted by 2016/1030, and amended by Schedule 19(2) Data Protection Act 2018.
21. Omit Schedule 3 (competent authority functions) M19.U.K.
Commencement Information
I21Sch. 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)
Marginal Citations
M19Schedule 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) M20—U.K.
(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 [F2IP completion day];”;
(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”.
Textual Amendments
F2Words 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)
Commencement Information
I22Sch. 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)
Marginal Citations
M20Relevant amending instruments are Data Protection Act 2018, S.I. 2003/3148, 2007/3101, 2011/1043, 2016/1030, 2018/838.
23. In the Nursing and Midwifery Council (Fees) Rules 2004 M21, 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),”.
Commencement Information
I23Sch. 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)
Marginal Citations
M21As set out in the Schedule to the Nursing and Midwifery Council (Fees) Rules Order of Council 2004 (S.I. 2004/1654).
24. In the Nursing and Midwifery Council (Parts of and Entries in the Register) Order of Council 2004 M22, omit article 8.
Commencement Information
I24Sch. 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)
Marginal Citations
M22S.I. 2004/1765. Relevant amending instruments are S.I. 2007/3101, 2018/838.
25. The European Nursing and Midwifery Qualifications Designation Order of Council 2004 M23 is revoked.
Commencement Information
I25Sch. 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)
Marginal Citations
26. The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 M24 are amended as follows.
(1) In rule 2 (interpretation) M25, omit paragraph (2).
(2) Omit rule 2A (visiting European practitioners) M26.
(3) In rule 3 (education) M27, omit paragraphs (1) to (2).
(4) In rule 5 (applications for registration) M28—
(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).
(5) In rule 6 (declarations of good health and character) M29—
(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),”.
(6) In rule 8 (unsuccessful applications) M30—
(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)”.
(7) In rule 15 (readmission) M31, in paragraph (2), omit “to (1E)”.
(8) In rule 20 (periods for appeals) M32—
(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).
(9) In rule 21 (notice of appeal) M33, 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)”.
(10) In Schedule 3 (applications for registration) M34, omit paragraphs (ba) and (bb).
Commencement Information
I26Sch. 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)
Marginal Citations
M24As 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).
M25Paragraph (2) was inserted by S.I. 2007/3101.
M26Rule 2A was inserted by S.I. 2007/3101 and substituted by pending amending instrument S.I. 2018/838.
M27Paragraphs (1) and (2) were substituted by S.I. 2007/3101.
M28Paragraphs (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.
M29Paragraphs (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.
M30Rule 8 was substituted by 2011/2297. Relevant amending instrument is S.I. 2018/838.
M31Relevant amending instruments are S.I. 2007/3101, 2014/1887, 2015/1923. There are other amending instruments but none is relevant.
M32Relevant amending instruments are S.I. 2015/1923, 2016/1030.
M33Relevant amending instruments are S.I. 2015/1923, 2016/1030.
M34Relevant amending instrument is S.I. 2007/3101.