The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020

Amendments to Schedule 4 (nurses, midwives and nursing associates)

12.—(1) Schedule 4 is amended as follows.

(2) In paragraph 10(c), after the paragraphs inserted after article 13(2) of the 2001 Order, insert—

“(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).”.

(3) In paragraphs 22(a) and 27(1), for “exit day” substitute “IP completion day”.

(4) After paragraph 27 insert—

“Swiss nurses and midwives qualifying outside the United Kingdom: saving of old law

27A.— (1) Where a registration application is received from a qualifying Swiss applicant before the end of the Swiss recognition period, any provision made by or under the 2001 Order(1) continues to apply in relation to the application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the establishment provisions (but subject to the modifications to the 2001 Order and the 2004 Registration Rules specified in sub-paragraphs (3) and (4)).

(2) The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the following enactments—

(a) the 2001 Order (other than articles 6(3)(aa), 7(4), 9(1) and (7), 10(1) and (6), 12A(11), 19(2A) to (2D), 37(1)(aa), 39, 39A and 39C and Schedule 2A);

(b) the Nursing and Midwifery Council (Fees) Rules 2004(2);

(c) the European Nursing and Midwifery Qualifications Designation Order of Council 2004(3);

(d) the 2004 Registration Rules (other than rules 2A, 20(a) (so far as it relates to article 37(1)(aa) of the 2001 Order) and 21(2)(a)(iii) (so far as it relates to article 37(1)(aa) of the 2001 Order)).

(3) The modifications to the 2001 Order mentioned in sub-paragraph (1) are that the Order is to be read as if—

(a) in article 5A(7)(4) for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(b) in article 9(3A)(5) for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(c) in article 13(6)—

(i) for each reference to “an exempt person” there were substituted “a qualifying Swiss applicant”;

(ii) in paragraph (1)—

(aa) in sub-paragraph (c), in the words before paragraph (i), “subject to paragraph (1A)” were omitted;

(bb) sub-paragraphs (d) and (dd) were omitted;

(iii) paragraph (1A) were omitted;

(iv) in paragraph (1B), for sub-paragraph (a), there were substituted—

“(a) if the person holds a nursing or midwifery qualification which—

(i) was granted otherwise than in a relevant European State or the United Kingdom; but

(ii) has been recognised by a competent authority in Switzerland pursuant to Article 2(2) of the Directive as qualifying the person to practise as a nurse or midwife in Switzerland,

the acceptance of that qualification; and”;

(d) in article 37(7)—

(i) in paragraph (1), sub-paragraphs (f) to (h) were omitted;

(ii) in paragraph (9)—

(aa) in sub-paragraph (b), the words from “or, in” to the end were omitted;

(bb) sub-paragraph (ca) (including the final “or”) were omitted;

(e) article 39B(8) were omitted;

(f) Schedule 2B(9) were omitted;

(g) in Schedule 4(10)—

(i) in the definition of “General Systems Regulations”, at the end, there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

(ii) there were inserted, at the appropriate place—

““qualifying Swiss applicant” has the meaning given in paragraph 27A(5) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;”.

(4) The modifications to the 2004 Registration Rules mentioned in sub-paragraph (1) are that those Rules are to be read as if—

(a) rule 3 were omitted;

(b) in rule 5(2)(a)(ii)(11), “a valid European professional card as a nurse or” were omitted;

(c) in rule 6, for paragraph (1F)(12) there were substituted—

“(1F) In paragraphs (1B) to (1E) the “attesting State”, in relation to A, is Switzerland.”;

(d) in Schedule 3 to the Rules(13)—

(i) in paragraph (ba), for “a relevant European State”, there were substituted “the United Kingdom or Switzerland”;

(ii) in paragraph (bb), for the words from “a relevant European State” to the end, there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the applicant is a qualifying Swiss applicant”.

(5) In this paragraph—

“the 2004 Registration Rules” means the Nursing and Midwifery (Education, Registration and Registration Appeals) Rules 2004(14);

“qualifying Swiss applicant” means—

(a)

a Swiss applicant (“A”)—

(i)

who holds a relevant qualification in nursing or midwifery,

(ii)

who had not, before IP completion day, applied to be registered in the Midwives’ Part, or Sub-Part 1 of the Nurses’ Part of the register (as the case may be), and

(iii)

if A falls within paragraph (a) of the definition of “Swiss applicant” and only holds relevant qualifications obtained in EEA States, is established in Switzerland; or

(b)

a qualifying applicant who—

(i)

holds a relevant qualification as a nursing associate, and

(ii)

had not, before IP completion day, applied to be registered in the Nursing Associates’ Part of the register;

“the register” has the meaning given in Schedule 4 to the 2001 Order;

“registration application” means an application for registration—

(a)

in Sub-Part 1 of the Nurses’ Part of the register,

(b)

in the Midwives’ Part of the register, or

(c)

in the Nursing Associates’ Part of the register;

“relevant qualification” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”.

(5) In paragraph 28—

(a) in the heading for “one year” substitute “five years”;

(b) in sub-paragraph (1) —

(i) for “exit day” substitute “IP completion day”;

(ii) in the words following paragraph (b), after “states”, insert “(but subject, in the case of a Swiss visiting nurse or Swiss visiting midwife, to the modifications to the 2001 Order specified in sub-paragraph (4))”;

(c) in sub-paragraph (2)—

(i) for “exit day” substitute “IP completion day”;

(ii) after “of that Schedule.”, insert “This sub-paragraph is subject to sub-paragraphs (2A) to (2C).”;

(d) after sub-paragraph (2), insert—

“(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting nurse or a Swiss visiting midwife.

(2B) But a Swiss visiting nurse or Swiss visiting midwife’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

(2C) In this paragraph—

“Swiss visiting midwife” means a visiting midwife who is—

(a)

a national of the United Kingdom or a Swiss national, or

(b)

a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a United Kingdom national or Swiss national;

“Swiss visiting nurse” means a visiting nurse who is—

(a)

a national of the United Kingdom or a Swiss national, or

(b)

a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a United Kingdom national or Swiss national.”;

(e) after sub-paragraph (3), insert—

“(4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are—

(a) article 10(6)(15) is to be read as if for the words from “visiting nurse” to the end there were substituted “Swiss visiting nurse or Swiss visiting midwife”;

(b) article 19(2D)(16) is to be read as if, for the words from “the relevant” to the end there were substituted “Switzerland”;

(c) Schedule 2A(17) is to be read as if—

(i) for paragraph 1, there were substituted—

“1.   This Schedule applies to—

(a) a Swiss visiting nurse who is lawfully established as a nurse in Switzerland; or

(b) a Swiss visiting midwife who is lawfully established as a midwife in Switzerland.”;

(ii) in paragraph 2—

(aa) before sub-paragraph (a), there were inserted—

“(za) an “existing contract” means a written contract which was concluded, and the performance of which started, before IP completion day;”;

(bb) in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting nurse or Swiss visiting midwife”;

(cc) in sub-paragraph (b), for the words from “the relevant” to the end there were substituted “Switzerland”;

(dd) in sub-paragraph (d), at the end, there were inserted—

“—

(i) on the basis of one or more existing contracts, and

(ii) for a period not exceeding 90 days in total in any calendar year.”;

(iii) in paragraph 5(2)—

(aa) in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(bb) for paragraph (c), there were substituted—

“(c) if the practitioner is not a national of the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife;”;

(iv) in paragraph 7, for sub-paragraph (6), there were substituted—

“(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a) states the practitioner’s wish to provide occasional nursing services or occasional midwifery services in a further year;

(b) contains details of the existing contract or contracts on the basis of which those services will continue to be provided;

(c) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality;

(d) if the practitioner is not a national of the United Kingdom or a Swiss national, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife.”;

(v) in paragraph 8(5), after paragraph (a), there were inserted—

“(aa) the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional nursing or midwifery services, is terminated or otherwise expires; or”;

(d) Schedule 4(18) is to be read as if—

(i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii) there were inserted, at the appropriate places—

““Swiss visiting midwife” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;

“Swiss visiting nurse” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”.”.

(6) In paragraph 29—

(a) in sub-paragraph (1) —

(i) in paragraphs (a) and (b), for “exit day” substitute “IP completion day”;

(ii) in the words following paragraph (b), after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 2001 Order specified in sub-paragraph (4))”;

(b) after sub-paragraph (1), insert—

“(1A) But a relevant applicant to whom sub-paragraph (1) applies may only provide services as a nurse or midwife (as the case may be) for a period not exceeding 90 days in total in any calendar year.”;

(c) after sub-paragraph (3), insert—

“(4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are—

(a) article 10(6) is to be read as if for the words from “visiting nurse” to the end there were substituted “relevant applicant”;

(b) article 39A(1) is to be read as if—

(i) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a relevant applicant”;

(ii) in sub-paragraph (a), for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(c) article 39C(1) is to be read as if—

(i) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a relevant applicant”;

(ii) in sub-paragraph (a), for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(d) Schedule 4 is to be read as if—

(i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii) there were inserted, at the appropriate place—

““relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”.”.

(7) In paragraphs 30(1), (3)(a) and (b) and 31(1), for “exit day” substitute “IP completion day”.

(8) In paragraph 32—

(a) in sub-paragraphs (1) and (2)(b), for “exit day” substitute “IP completion day”;

(b) in sub-paragraph (2)(b)(ii), omit “for establishment”.

(9) In paragraph 33(1), for “exit day” substitute “IP completion day”.

(10) In paragraph 34(a)—

(a) in paragraphs (i), (ii), (iii), (iv) and (v), for “exit day” substitute “IP completion day”;

(b) in paragraph (iv), after ““General Systems Regulations””, insert “(other than in the definition as it continues to apply by virtue of paragraph 27A)”.

(1)

“The 2001 Order” is defined in paragraph 1 of Schedule 4 to S.I. 2019/593.

(2)

As set out in the Schedule to the Nursing and Midwifery Council (Fees) Rules Order of Council 2004 (S.I. 2004/1654).

(3)

S.I. 2004/1766.

(4)

Article 5A was inserted by S.I. 2015/806.

(5)

Paragraph (3A) was inserted by S.I. 2007/3101.

(6)

Paragraph (1)(b) to (f) was substituted by, and paragraphs (1A) and (1B) were inserted by, S.I. 2007/3101. Relevant amending instruments are S.I. 2015/806, 2016/1030 and 2018/838.

(7)

Paragraphs (1)(f) to (h) were inserted by, and paragraph (9) was amended by, S.I. 2016/1030. Relevant amending instrument is 2018/838.

(8)

Article 39B was inserted by S.I. 2016/1030.

(9)

Schedule 2B was inserted by S.I. 2016/1030.

(10)

The definition of “General Systems Regulations” was substituted by S.I. 2016/1030.

(11)

Relevant amending instruments are S.I. 2007/3101 and 2016/1030.

(12)

Paragraph (1F) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

(13)

Paragraphs (ba) and (bb) were inserted by S.I. 2007/3101.

(14)

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).

(15)

Paragraph (6) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

(16)

Paragraph (2D) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

(17)

Schedule 2A was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2011/1043 and 2016/1030.

(18)

The definition of “competent authority” was substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.