The Nursing and Midwifery Order 2001

• (d) the appointment of a chair of the Council and the chair’s term of office , and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

• (e) deputising arrangements in respect of the chair;

• (f) the quorum of the Council; and

• (g) the circumstances in which members cease to hold office or may be removed or suspended from office.

• (2) But an order under article 3(7A) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

• (3) An order under article 3(7A) may include provision with regard to—

• (a) the maximum period for which a member of the Council may hold office as a member during a specified period;

• (b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

• (c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—

• (i) that education and training to be the responsibility of another body, and

• (ii) those requirements to be set and varied by that body from time to time;

• (d) the attendance of members of the Council at meetings of the Council;

• (e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member; and

• (f) enabling the Privy Council to appoint as the chair of the Council, for a specified period, the person who held office as President of the Council on the day before the first order under article 3(7A) comes into force.

• (4) An order under article 3(7A) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

Tenure of members

The President

Procedure etc. of Council and committees

Powers of the Council

Privy Council functions

Indemnity arrangements

12A

• (1) Each practising registrant must have in force in relation to that registrant an indemnity arrangement which provides appropriate cover for practising as such.

• (2) For the purposes of this article, an “indemnity arrangement” may comprise—

• (a) a policy of insurance;

• (b) an arrangement made for the purposes of indemnifying a person;

• (c) a combination of the two.

• (3) For the purposes of this article, “appropriate cover”, in relation to practice as a registered nurse, midwife or nursing associate , means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.

• (4) The Council may make rules in connection with the information to be provided to the Registrar—

• (a) by or in respect of a person applying for registration (including an application for restoration or readmission) for the purpose of determining whether or not the Registrar is satisfied that if the person is registered, there will be in force in relation to that person by the time that person begins to practise, an indemnity arrangement which provides appropriate cover;

• (b) by or in respect of a person applying for renewal of their registration for the purpose of determining whether or not the Registrar is satisfied that if the person's registration is renewed, there will be in force in relation to that person by the time that person resumes practice, an indemnity arrangement which provides appropriate cover; and

• (c) by or in respect of a registrant for the purposes of determining whether at any time there is in force in relation to the registrant an indemnity arrangement which provides appropriate cover.

• (5) Rules made under paragraph (4) may require information to be provided—

• (a) at the request of the Registrar; or

• (b) on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.

• (6) The Council may also make rules requiring a registrant to inform the Registrar if there ceases to be in force in relation to that registrant appropriate cover under an indemnity arrangement.

• (7) The Council may also make rules requiring a registrant to provide the Registrar with such information as is necessary for the purpose of satisfying the Registrar that there is or will be in force in relation to that registrant appropriate cover provided under an indemnity arrangement by an employer.

• (7A) For the purposes of verifying that information, the Registrar may disclose to any person information relating to a person’s indemnity arrangement which is provided to the Council by virtue of rules made under paragraph (4) or (7).

• (8) If a registrant is in breach of paragraph (1)—

• (a) the Registrar may remove that person from the register; or

• (b) the person's fitness to practise may be treated for the purposes of article 22(1)(a)(i) as being impaired by reason of misconduct, and the Registrar may accordingly refer the matter to persons appointed by it under article 22(5)(b)(i) (where rules under article 23 provide) or to a Practice Committee under article 22(5)(b)(ii).

• (9) If an applicant breaches rules under paragraph (4), or there is a breach of rules under that paragraph in respect of the applicant the Registrar may refuse the applicant's application for—

• (a) admission (or readmission) to the register;

• (b) restoration to the register; or

• (c) renewal.

• (10) If a registrant breaches rules under paragraph (4)(b) or (c), that person's fitness to practise may be treated for the purposes of article 22(1)(a)(i) as being impaired by reason of misconduct, and the Registrar may accordingly refer the matter to persons appointed by it under article 22(5)(b)(i) (where rules under article 23 provide) or to a Practice Committee under article 22(5)(b)(ii) .

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

Approved qualifications

EEA qualifications

Exercise of Investigating Committee functions by the Registrar or officers of the Council

26A

• (1) The Council may by rules make provision for—

• (a) the Registrar; or

• (b) any other officer of the Council,

to exercise the functions of the Investigating Committee under paragraphs (1), (2)(b) to (d), (5), (5A), (6), (7A) and (8) of article 26, whether generally or in relation to such classes of case as may be specified in the rules.

• (2) Where, by virtue of paragraph (1), rules provide for the Registrar or any other officer of the Council to exercise the functions of the Investigating Committee under paragraph (6)(b)(ii) ... of article 26, the referral of a case to the Fitness to Practise Committee shall be deemed to have been made by the Investigating Committee.

Review of decisions by the Council

26B

• (1) The Council may review a decision—

• (a) that there is no case to answer made by the Investigating Committee under article 26(2)(d)(i);

• (b) that there is no case to answer made by the Registrar or any other officer of the Council pursuant to rules made under article 26A;

• (c) to agree undertakings with the person concerned made by the Investigating Committee under article 26(5A);

• (d) to agree undertakings with the person concerned made by the Registrar or any other officer of the Council pursuant to rules made under article 26A;

• (e) made pursuant to rules made under article 26(5B) that undertakings no longer apply and that the allegation must not be considered further.

• (2) The Council may make rules in connection with carrying out reviews under paragraph (1).

Exercise of Council functions by the Registrar or officers of the Council

26C

• (1) The Council may make rules providing for—

• (a) the Registrar; or

• (b) any other officer of the Council,

to exercise the functions of the Council under articles 22, 26(2)(a) and 26B(1) whether generally or in relation to such classes of case as may be specified in the rules.

• (2) Where, by virtue of paragraph (1), rules provide for the Registrar or any other officer of the Council to exercise the functions of the Council under article 22(5), the referral of a case to the Fitness to Practise Committee shall be deemed to have been made by the Council.

The Conduct and Competence Committee

The Health Committee

Orders of the Health Committee and the Conduct and Competence Committee

Review of orders by the Health Committee and the Conduct and Competence Committee

Interim Orders by a Practice Committee

Investigation of allegations: procedural rules

Restoration to the register of persons who have been struck off

Legal assessors

Medical assessors

Registrant assessors

Assessment of necessary knowledge of English

28A

• (1) The Council may make rules authorising the giving of directions by—

• (a) any of the Practice Committees;

• (b) any other persons specified in the rules,

requiring the person concerned to undertake an examination or other assessment of that person’s knowledge of English.

• (2) An examination or other assessment under paragraph (1) must be made in accordance with rules.

• (3) The rules must, in particular, provide for—

• (a) the procedures to be followed by such persons when directing the person concerned to undertake such an examination or other assessment;

• (b) the person concerned who is required to undertake such an examination or other assessment to provide information in respect of that examination or assessment to such persons as may be prescribed under the rules;

• (c) the information provided by virtue of sub-paragraph (b) to be disclosed to such persons as may be prescribed under the rules.

• (4) Rules under this article may make provision for the Fitness to Practise Committee to draw such inferences as seem appropriate to it if a person fails—

• (a) to undergo an examination or other assessment by virtue of rules under paragraph (1); or

• (b) to provide the information required by virtue of rules made under paragraph (3)(b).

Orders of the Health Committee and the Conduct and Competence Committee

Review of orders by the Health Committee and the Conduct and Competence Committee

Interim Orders by a Practice Committee

Investigation of allegations: procedural rules

Restoration to the register of persons who have been struck off

Legal assessors

Medical assessors

Registrant assessors

Supplementary provisions as to necessary knowledge of English

5A

• (1) The Council must publish guidance about—

• (a) the evidence, information or documents to be provided by an applicant for the purpose of satisfying the Registrar under article 9(2)(ba) that the applicant has the necessary knowledge of English; and

• (b) the process by which the Registrar is to determine whether the Registrar is satisfied as mentioned in paragraph (a).

• (2) The Registrar must have regard to the guidance published under paragraph (1) in determining whether the Registrar is satisfied as mentioned in paragraph (1)(a).

• (3) Paragraphs (4) and (6) apply if, having considered any evidence, information or documents provided by the applicant in support of the applicant’s application, the Registrar is not satisfied under article 9(2)(ba) that the applicant has the necessary knowledge of English.

• (4) The Registrar may request the applicant to provide further evidence, information or documents within such period as the Registrar may specify.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The Registrar may require the applicant—

• (a) to undergo an examination or other assessment; and

• (b) to provide information in respect of that examination or assessment,

within such period as the Registrar may specify.

• (6A) A requirement imposed by the Council under sub-paragraph (6)(a) must be proportionate to the level of language skills referred to in article 9(2)(ba).

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

• (8) Guidance published under paragraph (1) may make different provision in relation to different cases or classes of case.

• (9) In this article, references to an applicant are references to a person applying for registration in a part of the register or readmission to that part.

Register

Temporary annotations with regard to emergencies involving loss of human life or human illness etc.

The register: supplemental provisions

Access to register etc.

Registration

Renewal of registration and readmission

Deemed registration of visiting EEA nurses and midwives

Lapse of registration

Indemnity arrangements

Approved qualifications

EEA qualifications

European professional card

39B

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

The Directive: designation of competent authority etc.

Review

55

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

SCHEDULE 2B — Directive 2005/36/EC: European professional card

PART 1 — General

Introductory

1

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

Interpretation

2

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

PART 2 — General functions of the Council in relation to European professional cards

Council not to request resubmission of valid documents

3

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

Power to revoke a European professional card

4

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

Rectification of the European professional card or the IMI file

5

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

Duty to give reasons and to notify of right of appeal

6

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

Updating the IMI file: disciplinary actions or criminal sanctions

7

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

Access to data

8

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

Processing data

9

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

PART 3 — European professional cards for establishment in the United Kingdom or another relevant European State

European professional cards for establishment in a host State other than the United Kingdom

10

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

Issue of European professional card for establishment in the United Kingdom

11

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

PART 4 — European professional cards for the provision of occasional nursing services in a relevant European State other than the United Kingdom

Issue of European professional card for the provision of occasional nursing services in a host State other than the United Kingdom

12

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

Variation of a European professional card for the provision of occasional nursing services in a host State other than the United Kingdom

13

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

PART 5 — European professional card: requirements and entitlements as to registration

Requirement to register: establishment cases

14

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

Entitlement to registration: provision of occasional nursing services

15

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

PART 6 — Conditions in relation to fitness to practise

Conditions in relation to fitness to practise: providers of occasional nursing services

16

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

The Fitness to Practise Committee

26D

The Fitness to Practise Committee must consider—

• (a) an allegation referred to it by the Council ... or the Investigating Committee; and

• (b) an application for restoration referred to it by the Registrar.

The Conduct and Competence Committee

The Health Committee

Assessment of necessary knowledge of English

Orders of the Fitness to Practise Committee

Review of orders by the Fitness to Practise Committee

Interim Orders by a Practice Committee

Investigation of allegations: procedural rules

Restoration to the register of persons who have been struck off

Legal assessors

Medical assessors

Registrant assessors

Application to nursing associates

2A

The provisions of this Order that apply to nursing associates, and only to the extent that they apply to nursing associates, apply in respect of England only.

Transitional provisions relating to admission to the register

13A

• (1) This article applies to a person who, on or before 26th July 2019—

• (a) has been awarded a specified qualification; or

• (b) has commenced a course of education or training leading to a specified qualification.

• (2) A person referred to in paragraph (1) who applies for admission to the nursing associates’ part of the register under article 9(1) (“the applicant”) and who satisfies the conditions in paragraph (3) of this article, shall be treated as holding an approved qualification for the purposes of article 9(2)(a).

• (3) The conditions referred to in paragraph (2) are that—

• (a) the applicant provides evidence of the award of the specified qualification and the Council is satisfied, on the basis of that evidence, that the applicant has been awarded that qualification; and

• (b) the Council is satisfied that the qualification attests to a standard of proficiency comparable to the requisite standard of proficiency for admission to the nursing associates’ part of the register; or

• (c) the Council is not so satisfied but the applicant has undergone in the United Kingdom or elsewhere such additional training or experience as satisfies the Council, following any test of competence as it may require the applicant to take, that the applicant has the requisite standard of proficiency for admission to the nursing associates’ part of the register.

• (4) For the purposes of this article—

• (a) “a specified qualification” means a qualification as a nursing associate awarded—

• (i) on the satisfactory completion of a course of education or training which has been approved by Health Education England in accordance with sections 97, 98, 99, 100 and 101 of the Care Act 2014, or

• (ii) as part of an approved English apprenticeship for nursing associates under an approved English apprenticeship agreement;

• (b) “an approved English apprenticeship” and “an approved English apprenticeship agreement” have the meanings given in section A1(2) and (3) respectively of the Apprenticeship, Skills, Children and Learning Act 2009.

EEA qualifications

Visiting general systems nursing associates from relevant European States

39C

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

The Directive: designation of competent authority etc.

Temporary registration in emergencies involving loss of human life or human illness etc

9A

• (1) The Registrar may register a person as a registered nurse, midwife or nursing associate, or the persons comprising a specified group of persons as registered nurses, midwives or nursing associates, if—

• (a) the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and

• (b) the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.

• (2) For the purposes of paragraph (1)(b) the emergency registration requirement is met—

• (a) in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a nurse, midwife or nursing associate with regard to the emergency;

• (b) in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as nurses, midwives or nursing associates with regard to the emergency.

• (3) The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.

• (4) The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.

• (5) The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.

• (6) Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.

• (7) A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—

• (a) must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;

• (b) may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.

• (8) A person's registration as a member of a specified group may be revoked—

• (a) without the registration of the other members of the group being revoked, or

• (b) as a result of a decision to revoke the registration of all the members of the group.

• (9) Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.

• (10) The following provisions of this Order do not apply to persons registered under this article—

• articles 5A, 9, 10, 12 and 13 (provisions relating to registration);

• articles 15 to 19 (provisions relating to education and training);

• Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (6).

• (11) If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a registered nurse, midwife or nursing associate (as the case may be).

• (12) In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

Renewal of registration and readmission

Deemed registration of visiting EEA nurses and midwives

Lapse of registration

Indemnity arrangements

Approved qualifications

Transitional provisions relating to admission to the register

EEA qualifications

European qualifications

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.

EEA qualifications

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

Article 13: further provision relating to specified state professionals

13ZA

• (1) This article applies where a person holds a specified state qualification which is not a relevant European qualification and wishes to be registered under article 9.

• (2) This article does not apply if the qualification held by the person is not a relevant European qualification because Condition 3 in article 13(5D) is met in relation to it.

• (3) Where this article applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

• (4) An aptitude test or adaptation period specified under this article, or aptitude test and adaptation period together specified under this article, must be proportionate to the difference sought to be addressed.

• (5) The Council must give a person its reasons for specifying in relation to the person an aptitude test or adaptation period, or both, if the person makes a written request for them.

• (6) Where the Council specifies an aptitude test under this article, the Council must ensure that such aptitude tests are scheduled with reasonable frequency and at least once a year.

Transitional provisions relating to admission to the register

European qualifications

EEA qualifications

Information for specified state professionals

21A

• (1) The Council must make information about the following matters available to specified state professionals—

• (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters;

• (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities;

• (c) the processes and procedures for the ongoing verification of competence;

• (d) the criteria for, and procedures relating to, removal of an entry from the register;

• (e) the documentation required of specified state professionals and the form in which it should be presented; and

• (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registrants that are acceptable to the Council.

• (2) The Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registrants.

Allegations

Screeners

Screeners: supplementary provisions

Council’s power to require disclosure of information

The Investigating Committee

Exercise of Investigating Committee functions by the Registrar or officers of the Council

Review of decisions by the Council

Exercise of Council functions by the Registrar or officers of the Council

The Fitness to Practise Committee

The Conduct and Competence Committee

The Health Committee

Assessment of necessary knowledge of English

Orders of the Fitness to Practise Committee

Review of orders by the Fitness to Practise Committee

Interim Orders by a Practice Committee

Investigation of allegations: procedural rules

Restoration to the register of persons who have been struck off

Legal assessors

Medical assessors

Registrant assessors