(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union (and, in particular, the deficiencies under section 8(2)(d) and (e) of that Act).
These Regulations address a deficiency in article 13 of the Nursing and Midwifery Order 2001 (S.I. 2002/253) (“the NMO”) in relation to recognition of European qualifications. They do so by correcting an amendment that was made to article 13 of the NMO by the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), as those Regulations were themselves amended by the European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394).
The amended version of S.I. 2019/593 inserted a new paragraph (6) into article 13 of the NMO, but failed to remedy the deficiency fully.
Regulation 2 of these Regulations now remedies the deficiency by ensuring that the effect of article 13(6) of the NMO, which treats certain conditions for registering as a nurse or midwife as being satisfied, is limited to persons who hold a relevant European qualification within the meaning of article 13(4) of the NMO.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.