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The Nursing and Midwifery Order 2001

Type Statutory-Instrument

Publication 2002-02-12

Last updated 2025-01-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(12) If the decision is favourable to the person concerned, the Council is not required to publish it unless the person concerned so requests but it may do so with the consent of the person concerned.

Appeals

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(1) An appeal from—

(a) any order or decision of the Fitness to Practise Committee other than an interim order made under article 31, shall lie to the appropriate court; and

(b) a decision of the Council mentioned in paragraph (1A) or of the Investigating Committee under article 26(7) or (12) shall lie to a county court or, in Scotland, to a sheriff.

(1ZA) An appeal from a decision referred to in paragraph (1)(b) relating to a nursing associate or a person seeking registration in the nursing associates’ part of the register lies only to the county court.

(1A) The decisions referred to in paragraph (1)(b) are—

(a) any decision of the Council under article 37;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In any appeal under this article the Council shall be the respondent.

(3) The Court or sheriff may—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against ...;

(c) substitute for the decision appealed against any other decision the Fitness to Practise Committee or the Council, as the case may be, could have made; or

(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) remit the case to the Fitness to Practise Committee or Council, as the case may be, to be disposed of in accordance with the directions of the court or sheriff,

and may make such order as to costs (or, in Scotland, expenses) as it, or he, as the case may be, thinks fit.

(4) Subject to paragraph (5), in this article “the appropriate court” means—

(a) in the case of a person whose registered address is (or, if he were registered, would be) in Scotland, the Court of Session;

(b) in the case of a person whose registered address is (or, if he were registered, would be) in Northern Ireland, the High Court of Justice in Northern Ireland; and

(5) Where the appeal mentioned in paragraph (1)(a) concerns a nursing associate, “the appropriate court” means the High Court of Justice in England and Wales.

PART VII — EEA PROVISIONS

Visiting EEA nurses and midwives

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Competent authority for EEA purposes

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PART VIII — MIDWIFERY

The Midwifery Committee

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Rules as to midwifery practice

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Local supervision of midwives

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PART IX — OFFENCES

Offences

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(1) Subject to paragraph (1A), a person commits an offence if with intent to deceive (whether expressly or by implication)—

(a) he falsely represents himself to be registered in the register, or a particular part of it or to be the subject of any entry in the register;

(b) he uses a title referred to in article 6(2) to which he is not entitled;

(c) he falsely represents himself to possess qualifications in nursing or midwifery or a qualification as a nursing associate.

(1A) Where the representations referred to in paragraph (1) relate to the nursing associates’ part of the register or a nursing associate qualification, or where a person uses the title of nursing associate when not entitled to, the offence referred to in that paragraph is committed only when those representations are made, or the title is used, in England.

(2) Subject to paragraph (2A), a person commits an offence if—

(a) with intent that any person shall be deceived (whether expressly or by implication) he causes or permits another person to make any representation about himself which, if made by himself with intent to deceive, would be an offence under paragraph (1); or

(b) with intent to deceive, he makes with regard to another person any representation which—

(i) is false to his own knowledge, and

(ii) if made by the other person with that intent would be an offence by him under paragraph (1).

(2A) Where the representations referred to in paragraph (2) relate to the nursing associates’ part of the register or a nursing associate qualification, the offence referred to in that paragraph is committed only when those representations are made in England.

(3) Subject to paragraph (3A), a person who fraudulently procures, or tries to procure, the making, amendment, removal or restoration of an entry in the register, is guilty of an offence.

(3A) Where under paragraph (3), a person fraudulently procures, or tries to procure, the making, amendment, removal or restoration of an entry in the nursing associates’ part of the register, the offence referred to in that paragraph is committed only if the fraudulent procurement, or attempted procurement, occurs in England.

(4) A person who, without reasonable excuse, fails to comply with any requirement imposed by—

(a) the Council, or

(b) a Practice Committee

under article 25(1) or (2) or rules made by virtue of article 32(2)(m) or under any corresponding rule made by virtue of article 26, 33 or 37 is guilty of an offence.

(5) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Attendance by unqualified persons at childbirth

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(1) A person other than a registered midwife or a registered medical practitioner shall not attend a woman in childbirth.

(2) Paragraph (1) does not apply—

(a) where the attention is given in a case of sudden or urgent necessity; or

(b) in the case of a person who, while undergoing training with a view to becoming a medical practitioner or to becoming a midwife, attends a woman in childbirth as part of a course of practical instruction in midwifery recognised by the Council or by the General Medical Council.

(3) A person who contravenes paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART X — MISCELLANEOUS

Further provisions

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(1) The Privy Council may make provision by order with regard to the functions of legal assessors and in particular provision may be made—

(a) requiring legal assessors, when advising the Council or any of its committees, to do so in the presence of the parties or their representatives or, where advice is given in private, requiring the parties to be notified of the advice tendered by the legal assessors;

(b) requiring the parties to be notified in any case where the legal assessor’s advice is not accepted.

(2) Paragraph (1)(a) and (b) shall not apply to advice given by a legal assessor in respect of the drafting of a decision mentioned in article 34(3).

Rules and orders

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(1) No rules made under this Order shall come into force until approved by order of the Privy Council.

(2) Any rules made by the Council and any order of the Privy Council made under this Order may make different provision with respect to different cases or classes of case.

(3) Before making any rules under this Order, the Council shall consult representatives of any group of persons who appear likely to be affected by the proposed rules and these may include such persons as appear to it to be representative of—

(a) registrants or classes of registrant;

(b) employers of registrants;

(d) persons providing, assessing or funding education and training for registrants and prospective registrants.

Exercise of powers by the Privy Council

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(1) Where the approval of the Privy Council is required by this Order in respect of the making of any rules by the Council, it shall be given by an order made by the Privy Council.

(2) Any power of the Privy Council under this Order to make an order shall be exercisable by statutory instrument.

(2A) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), paragraph (2) shall have effect as if contained in an Act of Parliament.

(3) Any order under this Order shall be subject to annulment in pursuance of a resolution of either House of Parliament but this does not apply to an order made under article 54(2) or Schedule 2, paragraph 19, 20, 21 or 25.

(4) For the purpose of exercising any powers conferred by this Order the quorum of the Privy Council shall be two.

(5) Any act of the Privy Council under this Order shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.

(6) Any document purporting to be—

(a) an instrument made by the Privy Council under this Order, and

(b) signed by the Clerk of the Privy Council, shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.

Default powers of the Privy Council

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(1) If it appears to the Privy Council that the Council has failed to perform any functions which, in the opinion of the Privy Council, should have been performed, the Privy Council may notify the Council of its opinion and require the Council to make representations to it.

(2) The Privy Council may, having considered the representations of the Council, give such directions (if any) to the Council as it considers appropriate.

(3) If the Council fails to comply with any directions given under this article, the Privy Council may give effect to the direction.

(4) Subject to paragraph (5), for the purpose of giving effect to a direction under paragraph (3), the Privy Council may—

(a) exercise any power of the Council or do any act or other thing authorised to be done by the Council; and

(b) do, of its own motion, any act or other thing which it is otherwise authorised to do under this Order at the instigation of the Council.

(5) The Privy Council shall not exercise the power in paragraph (4) to make, amend, remove or restore an entry in the register in respect of an individual, nor to refuse to do so.

(6) The powers under paragraphs (1) and (2) may be exercised by a person authorised or designated by the Privy Council for that purpose.

Annual reports

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(1) The Council shall publish, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of its functions which includes a description of the arrangements that the Council has put in place to ensure that it adheres to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006 (equality and diversity));

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the Council has put in place under article 21(1)(b) to protect members of the public from registrants whose fitness to practise is impaired, together with the Council’s observations on the report; and

(2) The Council shall submit copies of the reports and the plan published under paragraph (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament.

Finances of the Council

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(1) The Council may charge such fees in connection with the exercise of its functions as it may, with the approval of the Privy Council, determine.

(2) Subject to this article, the expenses of the Council are to be met out of fees received by the Council and other sums paid to it in connection with the exercise of its functions.

(3) The Secretary of State or an appropriate authority may make grants or loans to the Council towards expenses incurred, or to be incurred by it—

(a) in connection with the process of the implementation of this Order, or

(b) for such other purposes in connection with the professions regulated by this Order as may be approved by the Secretary of State or the appropriate authority and agreed with the Council.

(4) In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.

Accounts of the Council

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(1) The Council shall—

(a) keep accounts in such form as the Privy Council may determine;

(b) prepare annual accounts in respect of each financial year, in such form as the Privy Council may determine.

(2) The annual accounts shall be audited by persons the Council appoints.

(3) The Council shall ensure that the persons it appoints are eligible for appointment as statutory auditors under Part 42 of the Companies Act 2006 (statutory auditors).

(4) As soon as is reasonably practicable after the end of the financial year to which the annual accounts relate, the Council shall—

(a) cause them to be published together with any report on them made by the auditors; and

(b) send a copy of the annual accounts and of any such report to the Privy Council and to the Comptroller and Auditor General.

(5) The Comptroller and Auditor General shall examine, certify and report on the annual accounts.

(6) For the purposes of his examination, the Comptroller and Auditor General may inspect the accounts of the Council and any records relating to them.

(7) The Privy Council shall lay before each House of Parliament a copy of the annual accounts certified by the Comptroller and Auditor General, any report of the auditors and the report of the Comptroller and Auditor General prepared under paragraph (5).

(8) In this article, “financial year” means—

(a) the period beginning with the date on which the Council is established and ending with the next 31st March following that date, and

(b) each successive period of 12 months ending with 31st March.

Inquiry by the Privy Council

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(1) The Privy Council may cause an inquiry to be held into any matter connected with the exercise by the Council of its functions.

(2) Before an inquiry is begun, the Privy Council may direct that it shall be held in public.

(3) Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

(4) For the purpose of any such inquiry (but subject to paragraph (5)) the person appointed to hold the inquiry—

(a) may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry; and

(b) may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make a solemn affirmation.

(5) Nothing in this article requires a person, in obedience to a summons under the article, to attend to give evidence or to produce any documents unless the necessary expenses of his attendance are paid or tendered to him.

(6) Any person who refuses or deliberately fails to attend in obedience to a summons under this article, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this article, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) Where the Privy Council causes an inquiry to be held under this article—

(a) the costs incurred by it in relation to the inquiry (including such reasonable sum as it may determine for the services of any officer engaged in the inquiry) shall be paid by such party to the inquiry as it may direct; and

(b) it may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any person shall be recoverable from that person by the Privy Council summarily as a civil debt.

(8) Where the Privy Council causes an inquiry to be held under this article it may make orders—

(a) as to the costs of the parties at the inquiry; and

(b) as to the parties by whom costs are to be paid,

and every such order may be made a rule of the appropriate court on the application of any party named in the order.

(9) “Appropriate court” has the same meaning as in article 38(5).

Supplementary and transitional provisions and extent

54

(1) The transitional provisions contained in Schedule 2 to this Order shall apply.

(2) The Privy Council may by order make such further transitional provisions as it considers appropriate.

(3) The consequential amendments contained in Schedule 5 to this Order shall apply.

(4) This Order extends to the whole of the United Kingdom.

SCHEDULE 1 — THE NURSING AND MIDWIFERY COUNCIL AND COMMITTEES

PART I — THE NURSING AND MIDWIFERY COUNCIL

Membership

1

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2

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3

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4

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5

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6

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7

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Tenure of members

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9

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10

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The President

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Procedure etc. of Council and committees

12

(1) Subject to any provision made by this Order or under this Order (otherwise than by standing orders), the Council may by standing orders make provision in respect of—

(a) its procedure;

(b) the performance of its functions;

(d) the procedure of any of its committees or sub-committees;

(e) the performance by any of its committees or sub-committees of their functions; and

(f) the standards of education, training, attendance and performance expected of the members of its committees and sub-committees.

(2) Standing orders of the Council may make provision with regard to the provisional suspension of a member from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under article 3(7A).

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(1) In appointing non-Council members to any committee set up under article 3(12) the Council shall have regard, where appropriate and subject to the other provisions of this Order, to the guidance issued by the Commissioner for Public Appointments.

(2) The Council shall ensure that such members of the committee who are not Council members shall have such qualifications, interests or experience as, in the opinion of the Council, are relevant to the field with which the committee is mainly concerned.

(3) The Council shall—

(a) establish and maintain a system for the declaration and registration of private interests of its members and other members of its committees and sub-committees; and

(b) publish entries recorded in the register of members' interests.

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(1) Decisions of the Council and committees shall be made by a majority vote of the members present and voting.

(2) In the event of a tie the chair shall have an additional casting vote.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This paragraph does not apply to the Practice Committees or to decisions of the Council under article 37.

Powers of the Council

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(1) Subject to any provision made by or under this Order, the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2) The Council shall, in particular, have power—

(a) to borrow;

(b) to appoint such staff as it may determine;

(d) to make such provision for the payment of such pensions, allowances or gratuities, or such contributions or payments towards provision for such pensions, allowances or gratuities, to or in respect of its staff as it may determine;

(e) to make such provision in respect of its members and members of its committees and sub-committees as it may determine—

(i) for the payment of fees and allowances, including the payment of allowances to employers of such members for the purposes of enabling the members to perform functions under this Order;

(ii) for the reimbursement of such expenses as the members may reasonably have incurred in the course of carrying out their functions under this Order;

(f) to establish such sub-committees of any of its committees as it may determine;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) to abolish any of its committees, other than a Practice Committee, or any sub-committee of any of its committees.

(3) The Council may not employ any member of the Council or its committees or sub-committees.

(4) If it appears to the Council that a Practice Committee is failing to perform its functions adequately, the Council may give a direction as to the proper performance of those functions.

(5) Where the Council, having given a direction under sub-paragraph (4), is satisfied that the committee has failed to comply with the direction, it may exercise any power of that committee or do any act or other thing authorised to be done by that committee.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) No person who is a member of the Council or any of its committees or sub-committees by virtue of his membership of any profession, may take part in any proceedings of the Council in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.

PART II — The Practice Committees

Midwifery Committee

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Practice Committees

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(1) The Council shall by rules make provision with regard to the constitution of each Practice Committee, and those rules shall include provision with regard to—

(a) its ... membership;

(b) the appointment, suspension and removal of its members;

(d) the quorum at its meetings.

(1A) Where the rules provide for one or more panels of members of a Practice Committee to perform functions of the Committee, the provision required by sub-paragraph (1)(d) includes provision with regard to the quorum at meetings of those panels.

(2) The rules may make provision for a body (including a committee of the Council which is not one of the Practice Committees) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of a Practice Committee, including any function relating to tenure of office or suspension or removal from office.

(3) Subject to any provision made by this Order or under this Order, including provision made by standing orders of the Council under paragraph 12(1)(d), each Practice Committee may regulate its own procedure.

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Council shall, subject to other provisions in this Order, have regard when selecting non-Council members for a Practice Committee, to the guidance issued by the Commissioner for Public Appointments.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Decisions of a Practice Committee shall be made by a majority vote of the members present and voting.

(8) In the event of a tie, the chair shall have an additional casting vote and in respect of a decision under Part V shall exercise his casting vote in favour of the person concerned.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Apart from proceedings under Part V, no proceedings of a Practice Committee shall be invalidated by any defect in the appointment of a member.

(10A) In exercising a function under article 26D, 29, 30 or 33, the Fitness to Practise Committee (or any panel by which the function is exercisable as mentioned in paragraph 17(1A) of this Schedule) must have regard to the over-arching objective.

(10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10C) References in sub-paragraph (10A) to the over-arching objective is to the over-arching objective of the Council under article 3(4) (read with article 3(4A)).

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 — TRANSITIONAL PROVISIONS

The initial membership of the Council

1

When first constituted, the membership of the Council shall be determined in accordance with the provisions of this Schedule.

The transitional periods

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In this Schedule—

“the first transitional period” means the period beginning with the coming into force of article 3 and ending on the date of coming into force of the first order made by the Privy Council under article 6(1);

“the second transitional period” means the period beginning with the day after the coming into force of the first order made by the Privy Council under article 6(1) and ending on the second anniversary of that date, unless ended earlier by the Privy Council on a proposal received by it from the Council.

The Members

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(1) During the transitional periods, the Council shall consist of—

(a) 12 members appointed by the Privy Council (referred to in this Order as “practitioner members”);

(b) 11 members who are appointed by the Privy Council (referred to in this Order as “lay members”); and

(2) The Privy Council shall appoint an alternate member for each practitioner member.

(3) An alternate member shall have the same functions as a practitioner member but he may attend a Council meeting in his capacity as an alternate member and vote only if his corresponding practitioner member is unable to do so.

(4) Following consultation of persons who appear to it to be representative of the professions to which this Order relates, the Privy Council shall appoint practitioner and alternate members from among persons who are registered under the 1997 Act, or, if section 7 has been repealed, who were so registered immediately before that provision was repealed.

(5) It shall select four practitioner members from each of the following categories—

(a) persons registered in Part 10 of the register maintained under section 7 of the 1997 Act;

(b) persons registered in Part 11 of the register maintained under section 7 of the 1997 Act;

(c) persons registered in any other Part of that register of whom the members may all be selected from the same Part or from different Parts.

(6) No person may be appointed as a practitioner member while he is the subject of fitness to practise investigations or proceedings whether under this Order or under the 1997 Act.

(7) Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or the register kept under the 1997 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.

(8) The members shall live or work wholly or mainly in the United Kingdom.

(9) There shall be at least one practitioner member and one alternate member from each part of the register, and the number of practitioner and alternate members from each part shall be equal.

(10) The practitioner and alternate members appointed in respect of each part of the register shall include at least one member from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

(11) The members who are not registered professionals shall include at least one member from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.

Tenure of members

4

Unless he resigns or is removed in such circumstances as are set out in paragraph 8(2) of Schedule 1, each member shall hold office until the end of the second transitional period.

5

Where a member ceases to be a member, the Privy Council may replace him and the successor’s term of office shall begin with the day after that on which the member ceases to be a member and end at the end of the second transitional period.

6

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Election Scheme

7

The Council shall provide in rules for an election scheme in accordance with the provisions of paragraph 2 of Part I of Schedule 1 to this Order no later than six months before the end of the second transitional period.

Appointment of first President

8

The first President of the Council shall be appointed by the Privy Council from among the members of the Council.

The register

9

During the first transitional period, the Council shall make—

(a) proposals to the Privy Council for an order to be made under article 6(1);

(b) rules under articles 5 and 7 and such other rules as are necessary for the proper operation of the register.

10

Until such date as the first order under article 6(1) is and the rules mentioned in paragraph 9 are in force (“the appointed day”) the Council shall—

(a) perform the functions of maintaining the register under section 7 of the 1997 Act, and

(b) determine applications under section 8 of the 1997 Act,

and if those provisions have been repealed, shall act under sub-paragraphs (a) and (b) as if they remained in force and as if references in that Act and subordinate legislation made under it to the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“UKCC”) or to a National Board for Nursing, Midwifery and Health Visiting (a “National Board”) were to the Council.

11

Where on the appointed day there are outstanding applications for—

(a) registration;

(b) renewal of registration;

(d) any entry in the register to be made, altered or restored,

the Council shall dispose of the application in accordance with the provisions of the 1997 Act, as if those provisions were still in force, or in such other manner as it considers just.

12

The entries in the register kept under the 1997 Act may be transferred to the register in accordance with articles 5 and 6 but, where the home address of a person registered under the 1997 Act appears in the register kept under that Act and the entry for that person is transferred to the register, his home address shall not be published in the register without the consent of that person.

The Registrar

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The first Registrar may be appointed by the Secretary of State, and shall otherwise be appointed by the Council, on such terms and conditions as the body appointing him sees fit.

14

If the first Registrar ceases to hold office before a Registrar is appointed under article 4, the Secretary of State or the Council, as the case may be, may appoint a replacement.

Functions of the Council during the transitional period

15

(1) During the transitional periods, and subject to any contrary provision in this Order, the Council shall, until the relevant provisions of this Order and subordinate legislation made under it come into force, exercise the functions of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“UKCC”) and of the National Boards for Nursing, Midwifery and Health Visiting (“the National Boards”) under sections 2, 3, 4, 5, 6, 14, 15, 20 and 21 of the 1997 Act and subordinate legislation made under that Act with such modifications as necessary and as if references to the UKCC and National Boards were to the Council.

(2) If the relevant provision has been repealed, it shall be treated for the purposes of sub-paragraph (1) as if it remained in force.

Fitness to practise proceedings

16

(1) Until relevant rules under Part V come into force—

(a) where disciplinary proceedings—

(i) are pending before the UKCC or any of its committees; or

(ii) have begun but the body or committee dealing with the case has not communicated its decision to the person who is the subject of the proceedings,

that body or committee shall refer the proceedings to the Council and the Council shall dispose of the matter in accordance with the 1997 Act or, if the relevant provisions have been repealed, as if those provisions remained in force;

(b) where an allegation is received by the Council it shall dispose of the matter as if the 1997 Act remained in force; and in both cases

17

An appeal—

(a) under section 12 of the 1997 Act which is pending or proceeding before any court on the date on which that section is repealed; or

(b) which is received by the Council before the relevant appeal provisions in the rules referred to in paragraph 16 are in force,

shall be dealt with as if section 12 remained in force.

Transitional provisions for local supervising authorities

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of staff and property

19

The Privy Council may by order make provision—

(a) enabling persons who, when paragraph 3(1) of this Order (creation of Council) comes into force, hold office as members or staff of the UKCC and the National Boards to continue to hold office until those bodies are dissolved;

(b) authorising the UKCC to make grants or loans to any person in connection with the implementation or preparations for the implementation of the Order.

20

(1) The Privy Council may by order provide for the transfer from the old to the new employer of any—

(a) eligible employee; and

(b) property, rights and liabilities.

(2) In this paragraph—

(a) “the new employer” means the Council; and

(b) “the old employer” means the UKCC.

(3) In this paragraph and in paragraph 21—

“an eligible employee” means a person who is employed under a contract of employment with the old employer; and

“property” includes rights and interests of any description.

21

(1) The Privy Council may by order provide for the transfer from the old to the new employer of any—

(a) eligible employee; and

(b) property, rights and liabilities.

(2) In this paragraph and in paragraph 25—

(a) “the new employer” means, in relation to—

(i) England, the Secretary of State,

(ii) Wales, the National Assembly for Wales,

(iii) Scotland, the Scottish Ministers, and

(iv) Northern Ireland, the Northern Ireland Department of Health, Social Services and Public Safety,

or any person or body established or authorised by any of them; and

(b) “the old employer” means a National Board.

22

An order made under paragraph 20(1)(a) or 21(1)(a) may be made by the Privy Council only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.

23

An order made under paragraph 20(1)(a) or 21(1)(a) may apply to all, or any description of, employees or to any individual employee.

24

(1) The contract of employment of an employee transferred under an order made under paragraph 20(1)(a) or 21(1)(a)—

(a) is not terminated by the transfer; and

(b) has effect from the date of the transfer as if originally made between the employee and the transferee.

(2) Without prejudice to the generality of sub-paragraph (1), where an employee is transferred under an order mentioned in that sub-paragraph—

(a) all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are, by virtue of this paragraph, transferred to the transferee on the date of the transfer; and

(b) anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(3) Sub-paragraphs (2)(a) and (b) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.

(4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the old employer is terminated immediately before the date of the transfer, but he is not to be treated for any purpose as having been dismissed by that employer.

(5) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

(6) In this paragraph—

“the date of the transfer” means the date of the transfer determined under an order made under paragraph 20(1)(a) or 21(1)(a) in relation to the employee; and

“the transferee” means the new employer to whom the employee is or would be transferred under that order.

25

(1) An order made under paragraph 20(1)(b) or 21(1)(b) may provide for the new employer to—

(a) prepare a statement of accounts in respect of the financial year to 31st March 2002;

(b) submit a report on the performance of the old employer for the period since the last report under section 18(6) of the 1997 Act to 31st March 2002; or

(2) Section 18(3), (4), (5) and (7) of the 1997 Act shall apply as if they remained in force except that they shall apply as if the accounts or report, as the case may be, mentioned in paragraph (1) had been prepared by the old employer.

SCHEDULE 3 — DIRECTIVE 2005/36: FUNCTIONS OF THE COUNCIL UNDER ARTICLE 40(2)

1

(1) The Council shall be the competent authority in the United Kingdom for the purposes of—

(a) Directive 77/452/EEC (mutual recognition of diplomas, certificates and other evidence of formal qualifications in nursing);

(b) Directive 77/453/EEC (coordination of provisions laid down by law, regulation or administrative action in respect of activities of nurses responsible for general care);

(c) Directive 80/154/EEC (mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery); and

(d) Directive 80/155/EEC (coordination of provisions laid down by law, regulation or administrative action in respect of activities of midwives).

(2) Accordingly, the Council shall as respects the United Kingdom perform (in addition to any functions provided for elsewhere) the following functions conferred by the Directives (the relevant article of those Directives being referred to in brackets where it is not otherwise mentioned)—

(a) where the United Kingdom is the host State, the function of providing, where the Council see fit, the information referred to in the first paragraph of articles 6(3) and 7(2) of Directive 77/452 and 7(3) and 8(2) of Directive 80/154;

(b) where the Council receive such information, the function of verifying the accuracy of the facts, of deciding on the nature and extent of the investigation to be made and of informing the host State of action taken (as mentioned in the second paragraph of articles 6(3) and 7(2) of Directive 77/452 and 7(3) and 8(2) of Directive 80/154, such information to be provided within the period of three months beginning with the date on which the request for information was received);

(c) the function of receiving or (as the case may be) forwarding the information referred to in article 7(1) of Directive 77/452 or 8(1) of Directive 80/154;

(d) the function of ensuring the confidentiality of information forwarded under articles 6 and 7 of Directive 77/452 (articles 6(3) and 7(3)) and 7 and 8 of Directive 80/154 (7(4) and 8(3));

(e) the function of supplying the certificates referred to in the second and third indents of article 11(3) of Directive 77/452 and 13(3) of 80/154 in the case of a person established in the United Kingdom, and of withdrawing the former in the circumstances referred to in article 11(5) of Directive 77/452 and 13(5) of Directive 80/154; and

(f) the functions of requiring, in the event of justified doubts, confirmation of authenticity of diplomas, certificates and other evidence of formal qualifications granted by another EEA State and confirmation that a national of an EEA State seeking registration under this Act by virtue of a primary European qualification not granted in the United Kingdom has fulfilled the Directive’s training requirements (article 16 of Directive 77/452 and article 17 of Directive 80/154).

(3) In addition, in relation to United Kingdom qualifications the Council shall as respects the United Kingdom have the functions of a competent authority referred to in the following articles of Directive 77/452/EEC and Directive 80/154/EEC—

(a) the function of issuing in respect of practice in the United Kingdom the certificate of effective and lawful practice referred to in article 4(1) of Directive 77/452 and article 5(1) and 5(2) of Directive 80/154;

(b) article 4(2) and 5(3) (issue of certificates of fulfilment of Directive training requirements in respect of qualifications which do not conform with the designations set out in the Directive);

(d) article 8, second paragraph of Directive 77/452 and article 9, second paragraph of Directive 80/154 (issue of certificates of physical or mental health); and

(e) article 16 of Directive 77/452 and article 17 of Directive 80/154 (function of confirming authenticity of qualifications and of confirming that a person has fulfilled the Directive’s training requirements).

(4) The Council is hereby designated as respects the United Kingdom for the purposes set out in this regulation in accordance with article 17 of Directive 77/452/EEC and article 18 of Directive 80/154/EEC (which requires member States to designate the authorities competent to issue or receive the diplomas, documents and other information referred to in that Directive).

(5) Subject to paragraph (6) below, the Secretary of State may give directions to the Council in connection with—

(a) their functions under or by virtue of this regulation, and

(b) any other functions of theirs which arise from Community obligations and which relate to United Kingdom or other European qualifications, or to registration under the Order by virtue of any qualifications;

and it shall be the duty of the Council to comply with any such directions.

(6) Directions given under paragraph (5) above may be as to matters of administration only.

SCHEDULE 4 — INTERPRETATION

In this Order, unless the context otherwise requires—

“the 1997 Act” means the Nurses, Midwives and Health Visitors Act 1997[^f00007];

“adaptation period” means—in relation to registration as a registered nurse under article 9 in reliance on a specified state qualification awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered nurse who is registered in the register by virtue of article 9;in relation to registration as a registered nurse under article 9 in reliance on a specified state qualification awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered nurse who is registered in the register by virtue of article 9;in relation to registration as a registered midwife under article 9 in reliance on a specified state qualification awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered midwife who is registered in the register by virtue of article 9;in relation to registration as a registered midwife under article 9 in reliance on a specified state qualification awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered midwife who is registered in the register by virtue of article 9;in relation to registration as a registered nursing associate under article 9 in reliance on a specified state qualification awarded in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered nurse, or a registered nursing associate, who is registered in the register by virtue of article 9;in relation to registration as a registered nursing associate under article 9 in reliance on a specified state qualification awarded otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered nurse, or a registered nursing associate, who is registered in the register by virtue of article 9;

“application for restoration” has the meaning given to it in article 33;

“appropriate cover” is to be construed in accordance with article 12A(3);

“approved course of education or training” means a course approved under article 15(6)(a);

“approved qualification” has the meaning given to it in articles 13 and 15;

“aptitude test” means an assessment, with the aim of determining whether a specified state professional meets the standards referred to in article 5(2)(a);

“the Council” means the Nursing and Midwifery Council established under article 3;

“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;

“indemnity arrangement” is to be construed in accordance with article 12A(2);

“lay member” shall be construed in accordance with paragraph 1A(1)(b) of Schedule 1;

“licensing body” means a regulatory body which has the function of authorising persons to practise a health or social care profession;

“the necessary knowledge of English”—in relation to a person registered, or applying to be registered, as a nurse means a knowledge of English which is necessary for the safe and effective practice of nursing in the United Kingdom;in relation to a person registered, or applying to be registered, as a midwife means a knowledge of English which is necessary for the safe and effective practice of midwifery in the United Kingdom; in relation to a person registered, or applying to be registered, as a nursing associate means knowledge of English which is necessary for the safe and effective practice as a nursing associate in England;

“parties”, except in respect of article 53, means the Council and the person concerned except in respect of article 37 when it includes the Registrar;

“Practice Committees” has the meaning given to it in article 3(10);

“practising” means working as a registered nurse or a midwife or working as a nursing associate in England;

“prescribed” means prescribed in rules made by the Council;

“the professions regulated under this Order” means the professions of nurse, midwife and nursing associate;

“register” means the register established and maintained under article 5;

“registrant” means a nurse, midwife or nursing associate who has been admitted to the register maintained under article 5;

“Registrar” means the person appointed under article 4;

“relevant European State” means an EEA State or Switzerland;

“specified state professional” means a person who holds a specified state qualification;

“specified state qualification” means a nursing or midwifery qualification or a qualification comparable to that of a nursing associate awarded in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;

“standards of proficiency” means the standards established by the Council under article 5(2);

“the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);

“United Kingdom country” means England, Scotland, Wales or Northern Ireland.

“visitors” means persons appointed under article 16.

SCHEDULE 5 — CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION

The Parliamentary Commissioner Act 1967 (c. 13)

1

In Schedule 2 to the Parliamentary Commissioner Act 1967 (Departments etc. subject to investigation), the entry relating to the English National Board for Nursing, Midwifery and Health Visiting shall be omitted.

Medicines Act 1968 (c. 67)

2

In section 58 of the Medicines Act 1968 (medicinal products on prescription only)—

(a) for subsection (1)(d) there shall be substituted—

(d) registered nurses or midwives who are of such a description and comply with such conditions as may be specified in the order

(b) in subsection (4)(a), for the words “a registered nurse, midwife or health visitor,”, there shall be substituted “a registered nurse or midwife,”.

The Fair Trading Act 1973 (c. 41)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The House of Commons Disqualification Act 1975 (c. 24)

4

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), the entry relating to the Chairman of any of the National Boards for Nursing, Midwifery and Health Visiting mentioned in section 5 of the Nurses, Midwives and Health Visitors Act 1997 or any member of those Boards appointed at a salary, shall be omitted.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), the entry relating to the Chairman of the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland or member of that Board appointed at a salary, shall be omitted.

National Health Service Act 1977 (c. 49)

6

In section 41 of the National Health Service Act 1977 (arrangements for pharmaceutical services), in paragraph (cc), for the words “registered nurse, midwife or health visitor” there shall be substituted “registered nurse or midwife”.

The Interpretation Act 1978

7

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), for the definition of “Registered” in relation to nurses, midwives and health visitors there shall be substituted—

“Registered” in relation to nurses and midwives, means registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 by virtue of qualifications in nursing or midwifery, as the case may be.

The Registered Homes Act 1984 (c. 23)

8

In section 42 of the Registered Homes Act 1984 (tribunal for appeals relating to nursing homes (including maternity homes) and mental nursing homes) in subsection (4)(a), for “the Nurses, Midwives and Health Visitors Act 1997” there shall be substituted “the Nursing and Midwifery Order 2001.”.

The Video Recordings Act 1984 (c. 39)

9

In section 3 of the Video Recordings Act 1984 (exempted supplies), in subsection (11), for “the Nurses, Midwives and Health Visitors Act 1997”, there shall be substituted “the Nursing and Midwifery Order 2001”.

Children Act 1989 (c. 41)

10

In the Children Act 1989—

(a) in section 45 (duration of emergency protection orders and other supplemental provisions), in subsection (12), for the words “registered health visitor” there shall be substituted “registered midwife”;

(b) in section 48 (powers to assist in discovery of children who may be in need of emergency protection), in subsection (11), for the words “registered health visitor”, there shall be substituted “registered midwife”; and

(c) in section 102 (power of constable to assist in exercise of certain powers to search for children or inspect premises) in subsection (3), for the words “registered health visitor”, there shall be substituted “registered midwife”.

The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (NI 20))

11

In Article 32 of the Registered Homes (Northern Ireland) Order 1992, paragraph (2)(b), for “section 7 of the Nurses, Midwives and Health Visitors Act 1997” there shall be substituted “article 5 of the Nursing and Midwifery Order 2001”.

The Value Added Tax Act 1994 (c. 23)

12

In Part II of Schedule 9 to the Value Added Tax Act 1994 (exempt supplies of goods and services), for item 1(d) in Group 7 (health and welfare), there shall be substituted “the register of qualified nurses and midwives maintained under article 5 of the Nursing and Midwifery Order 2001”.

Employment Rights Act 1996 (c. 18)

13

In section 55 of the Employment Rights Act 1996 (right to time off for ante-natal care), in each of subsections (1)(b) and (2)(a) for “registered health visitor”, there shall be substituted “registered nurse”.

Data Protection Act 1998 (c. 29)

14

In section 69 of the Data Protection Act (meaning of “health professional”), in section (1), for subsection (e), there shall be substituted—

(e) a registered nurse or midwife

Government of Wales Act 1998 (c. 38)

15

In Part III of Schedule 4 to the Government of Wales Act 1998 (public bodies subject to reform by the Assembly which may only gain functions), paragraph 17 shall be omitted.

The Health Act 1999 (c. 8)

16

In the Health Act 1999—

(a) in section 60 (regulation of health care and associated professions), in subsection (2), in paragraph (b), for “the Nurses, Midwives and Health Visitors Act 1997” there shall be substituted “the Nursing and Midwifery Order 2001”; and

(b) in Schedule 3 (regulation of health care and associated professions), in paragraph 8 (certain functions not to be transferred from regulatory body), in sub-paragraph (3) “or the Nurses, Midwives and Health Visitors Act 1997” shall be omitted.

Freedom of Information Act 2000 (c. 36)

17

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part VI (other public bodies and offices: general)—

(a) the entries for the English National Board for Nursing, Midwifery and Health Visiting and the Welsh National Board for Nursing, Midwifery and Health Visiting shall be omitted; and

(b) the entry for the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, shall be omitted and “The Nursing and Midwifery Council.” shall be inserted in the appropriate place.

Signed

A. K. Galloway — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order provides for the regulation of nurses and midwives and creates a regulatory body, the Nursing and Midwifery Council, which is required to set standards of education, training, conduct and performance and to put in place arrangements to ensure that they are met (article 3). It provides for the Council to keep a register of qualified nurses and midwives and creates four statutory committees: the Investigating Committee, Conduct and Competence Committee, Health Committee and Midwifery Committee (article 3(9)). The Order replaces the regulatory system provided for by the Nurses, Midwives and Health Visitors Act 1997.

The Order provides for the Council to set standards and requirements to be satisfied before a person may be admitted to the register (article 5) and to deal with applications for registration, renewal of registration or readmittance in accordance with Part III and rules made under it. Articles 13 and 14 indicate the qualifications on which registration may be based. The register is to be published (article 8).

The Order provides in Part IV for the Council to establish standards of education and training necessary for admission to the register; to make arrangements to ensure that those standards are met; and to approve qualifications, courses and institutions which meet its standards (articles 15 to 18). The Council may also provide for post-registration training and require a nurse or midwife who has not practised for some time to undertake additional training (article 19). The Order provides for the Council to liaise with educational institutions (article 3 and Part IV).

Part V provides for the Council to establish and keep under review standards of conduct, performance and ethics expected of registrants and prospective registrants; to issue guidance on these matters and to make arrangements to ensure that action is taken when the fitness to practise of a nurse or midwife is impaired by reason of misconduct, lack of competence or ill-health (articles 21 and 22). Part V sets out the procedure to be followed in investigating whether the fitness to practise of a registrant is impaired. Preliminary consideration may be given by Screeners and the Investigating Committee (articles 22 to 24 and 26) and if it appears that there is a case to answer the matter will be considered by the Conduct and Competence Committee or the Health Committee (article 29). There is also provision to investigate whether an entry on the register has been fraudulently procured or incorrectly made and for the Investigating Committee to take action if it has (article 26(7)). Orders and decisions of the Practice Committees may be reviewed (articles 26(12) and 30). The Committees may, where they consider it to be in the public interest or in the interest of the registrant concerned, make interim orders to take effect before a final decision is given in a case or pending an appeal (article 31). Rules are to be made for the procedure to be followed by the Committees and the Council in considering cases referred to them (article 32(2), relevant parts of which are applied to the Investigating Committee and the Council by articles 26 and 37 respectively). A person who has been struck off the register may apply to be restored to it and article 33 sets out the procedure to be followed and the circumstances in which the application may be granted. The Council shall appoint legal assessors (article 34) and may appoint medical and registrant assessors (articles 35 and 36) to assist those considering, amongst others, registration and fitness to practise issues.

Part VI relates to appeals. A person may appeal to the Council from a decision of the Registrar concerning registration and article 37 sets out the procedure to be followed. Article 38 provides that appeals from decisions of the Health Committee or Conduct and Competence Committee are to the High Court (or, in Scotland, the Court of Session), and, from the Investigating Committee or Council, to the county court (or, in Scotland, the sheriff).

Part VII and Schedule 3 apply to qualifications to be recognised under EC law as it applies in the States which are party to the agreement on the European Economic Area (the “EEA”) and the Order implements the Directives on nursing and midwifery (Directives 77/452 and 77/453—nurses—and 80/154 and 80/155—midwives—as amended).

Part VIII relates to the Midwifery Committee whose role is to advise the Council on matters which affect midwifery. It provides for rules to be made regulating midwifery practice and for supervision of midwives by local supervising authorities.

Part IX provides for certain actions to be offences. These are, principally, where a person falsely represents himself as being registered or having professional qualifications or uses a title to which he is not entitled; or, although not falling within the specified categories, attends a woman in childbirth.

Part X contains provisions on miscellaneous matters such as consultation by the Council before it makes rules (article 47); approval by the Privy Council of rules and the procedure which applies (articles 47 and 48); the powers of the Privy Council to take action if it considers that the Council has failed to perform its functions (article 49) and to hold an inquiry into any matter connected with the exercise by the Council of its functions (article 53). The Council is required to publish annual reports (article 50) and to keep proper accounts (article 52).

Schedule 1 provides for the constitution of the elected Council; provisions relating to the election scheme and the procedure of the Council and statutory committees.

Article 54 and Schedule 2 relate to transitional provisions including the conduct of business before an elected Council comes into being. Schedule 4 relates to interpretation. Consequential amendments to primary legislation are set out in Schedule 5.

Footnotes

[^f00001]: 1999 c. 8. An earlier draft of this Order was published for consultation in accordance with paragraph 9(1) of Schedule 3 to the Health Act.

[^f00002]: Section 62(4) applies section 126 of the National Health Service Act 1977, relevant amendments to which are made by the Health Act 1999.

[^f00007]: 1997 c. 24.

Editorial notes

[^key-c301ec933d0fc7b07de4fb390613a5aa]: Art. 1 in force at made date, see art. 1(2)(3)

[^key-889fabfd14aa3d6e7c792747b8d80817]: Art. 54(4) in force at made date, see art. 1(2)(3)

[^key-51b9c2111192c0eef32347ef6f5e2cd7]: Sch. 2 para. 13 not in force at made date, see art. 1(2)(3)

[^key-917cf4d616059f554c3947477ab347a5]: Sch. 2 para. 14 not in force at made date, see art. 1(2)(3)

[^key-4b6a8f07594c54a4578db7cb43943f07]: Sch. 2 para. 19 not in force at made date, see art. 1(2)(3)

[^key-7ad994de81f5e8b039d428ae7850d0da]: Sch. 2 para. 22 not in force at made date, see art. 1(2)(3)

[^key-21f13504c753e983a491bf86b213d6d2]: Art. 54(1)(2) in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-3799c73ba72c5dd092a7e312fb4fe879]: Sch. 2 para. 1 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-f06940ce122063d79e3e14786715429e]: Sch. 2 para. 3 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-e0d2b11c782599645e536ee4fa27d969]: Sch. 2 para. 4 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-5ababcd0f696d760f301ef3ae27e3d61]: Sch. 2 para. 8 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-2284f081b1a9ac29b70ddba43694b59c]: Sch. 2 para. 20 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-1a67b750e8e6cdcf0386cef6b9734617]: Sch. 2 para. 21 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-b686ed550e183a9202013a9455dc9870]: Sch. 2 para. 23 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-a41fab8fb7b7ce8873217b26c9a8a0b2]: Sch. 2 para. 25 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-a09f8de32ab2409f33ba56c2a7e4f0d7]: Sch. 4 in force at 22.3.2002 for specified purposes as notified in the London Gazette (Issue 56510, published 15.3.2002), see art. 1(2)(3)

[^key-1321b280d51a0db66c837a7f3327e1d8]: Art. 3(1)-(7), (9)(d), (12)-(16), (18) in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-7e60ef711895785a073e1ccdcca1869b]: Sch. 1 modified (temp.) (1.4.2002) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order 2002 (S.I. 2002/1125), arts. 1(1)(c), 2(1)(b)

[^key-169219d92c3c39ca8289b7add19e5ce0]: Art. 2 in force at 1.4.2002 for specified purposes as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-69eb4eb8e27f8963c891e1f9241d9a84]: Art. 3(8)(10)(11)(17) in force at 1.4.2002 for specified purposes as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-43d0cfa8f2bc9f40205463eed8265038]: Art. 4 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-74f5a486e8d9e707195dac7d4f816f90]: Art. 47 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-c60c4feadca5f3cc43e5922432dd3701]: Art. 48 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-44f77cae78a24d77717ef0dbd45805b5]: Art. 49 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-f3ad2c949e66a31b9445ef5facaf83a6]: Art. 50 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-cda062204d0e57ac603fdcab35a92774]: Art. 51 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-4cac16bcffa469fe06538e00c011f795]: Art. 52 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-0ee0374dfdbc6d2e0619a109baed7c2e]: Art. 53 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-175560dfbe2003e25fd3d4d12a333c73]: Art. 54(1)(3) in force at 1.4.2002 for specified purposes as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-f4af4b4ef620d8ca27052bf57fc14007]: Art. 54(2) in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-0154380616d26513318f982112bd3c1d]: Sch. 1 para. 12 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-fb5949f449683f6bc547dd86bc28d7d5]: Sch. 1 para. 13 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-b0949e612528ea05570370a3f95956b3]: Sch. 1 para. 14 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-8b486e5c1a4f8d5c71026a22a05eef7a]: Sch. 1 para. 15 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-5a6e252b3130748d87b65dc6d81828ba]: Sch. 2 para. 1 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-2235bf6f409419d3957b10552192a329]: Sch. 2 para. 2 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-9b315bd29d94c088e862fe3f8e8dd426]: Sch. 2 para. 3 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-b1eacdf3c96c072573d190966ba2f962]: Sch. 2 para. 4 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-0e96121f1e1becb596dccb3c556a3efb]: Sch. 2 para. 5 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-ec449d223fd93d95cf7f007457ad84d4]: Sch. 2 para. 8 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-8ca827b51b59fecfb6474a5c296db42e]: Sch. 2 para. 9 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-4de4235652c50328409d8bf16f2591e4]: Sch. 2 para. 10 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-6774545ff9a5cba2e623802126ad3cc2]: Sch. 2 para. 11 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-8b002b0e7e4d0df2518cce6171bcd296]: Sch. 2 para. 12 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-b8acf459e40b62d51389da4dc83c120c]: Sch. 2 para. 15 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-aa6b73bcfdf941b2d0cc7542fed9e897]: Sch. 2 para. 16 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-991d6bca8ffb9dfd64a4de63599d2146]: Sch. 2 para. 17 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-488cf3788272747409cbc51cfa45ff21]: Sch. 2 para. 20 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-d54a0835364d87cbb4549195c6fb9e33]: Sch. 2 para. 21 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-1afe95de2343ba07ff851f91007abd32]: Sch. 2 para. 23 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-d93921904d7533f30843ce517cc61d41]: Sch. 2 para. 24 in force at 1.4.2002 as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

[^key-6038c1421fe4928ea59b5f21bb26a89f]: Sch. 2 para. 25 in force at 1.4.2002 in so far as not already in force as notified in the London Gazette (Issue 56517, published 25.3.2002), see art. 1(2)(3)

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