The European Qualifications (Health Care Professions) Regulations 2003

Performance of functions under the Nursing and Midwifery Order and subordinate legislation

3.—(1) The Nursing and Midwifery Council shall in performing its functions under Schedule 2 to the Nursing and Midwifery Order (transitional provisions), apply the provisions of the Nurses, Midwives and Health Visitors Act as if they had effect as modified by virtue of regulation 2.

(2) The Council shall perform its functions under the Schedule to the Nurses, Midwives and Health Visitors Approval Order 1983(1) (Nurses, Midwives and Health Visitors Rules 1983) as if—

(a) in rules 7(1) and (2)(a), 8(5)(a) and (b), and 44(1)(c), references to “EEA State” included Switzerland;

(b) in rule 7 (admission to part or parts of the register following professional qualification in an EEA State other than the United Kingdom), after paragraph (1), there were inserted—

“(1A) If the Council refuses to admit a person who makes an application mentioned in paragraph (1)(a) to the relevant Part or Parts of the register, it shall within the period referred to in section 8(7) of the Act, give the applicant notice of that decision and the reasons for it.”;

(c) in rule 8 (admission to part or parts of the register following successful completion of training, as a nurse, a midwife or a health visitor, and original registration outside the United Kingdom), after paragraph (3B), there were inserted—

“(3C) In the case of an applicant who is as described in sub-paragraph (a) or (b) of paragraph (5), the Council shall, within the specified period, give her—

(a) notice of the action to be taken under paragraph (3)(a) or (aa); or

(b) the information mentioned in paragraph (3)(b) or (c); and

(c) the reasons for—

(i) her admittance being made subject to conditions as mentioned in paragraph (3)(aa),

(ii) the requirement that she obtain training or experience as mentioned in paragraph (3)(b), or

(iii) the rejection of her application.

(3D) In paragraph (3C), “the specified period” means the period of three months beginning with the date on which the Council receives the application together with full supporting documentation.”;

(d) in rules 14A(13) and 18(4), after “89/595/EEC”, there were added “and Directive 2001/19/EC(2)”;

(e) in rule 14B(11)(a)—

(i) “as amended by 89/595/EEC” were omitted, and

(ii) after “for general care”, there were added “as amended by Council Directive 89/595/EEC and Directive 2001/19/EC;”; and

(f) in rule 27, in the definition of “Midwives Directive”, after “89/594/EEC”, there were added “and Directive 2001/19/EC”.

(1)

S.I. 1983/873 as amended by S.I. 1986/786, 1989/1456, 1996/3103, 1997/1723 and 2000/2554.

(2)

O.J. L206, 31.7.2001, p.1.