The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004

Type Statutory-Instrument
Publication 2004-07-07
Last updated 2023-03-08
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API

[^key-f6207c9595cf7a261a112a3fa24f6b19]: Words in Sch. rule 6(5)(b) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(xi)

[^key-062eadce1d1a0a65ef90168e2e8d003d]: Words in Sch. rule 6(6)(b) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(c)(xii)

[^key-07ef2f7b9572a1c2e21a5f275654b781]: Words in Sch. rule 8 substituted (28.1.2019) by virtue of The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(d)

[^key-abd02c5a106d27398006311ad8106cc0]: Words in Sch. rule 15(4)(a) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(e)

[^key-8abe5c8f769e437996badbf81bdd1758]: Words in Sch. rule 16A(1)(c) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(f)

[^key-534d09809e4b27791144dcf0940d5df0]: Sch. rule 25(3)(a) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(g)(i)

[^key-a678ce965ac415e0b9e98f48a8c52ca8]: Words in Sch. rule 25(3)(aa) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(g)(ii)

[^key-eff288e48a7bf1c21c674b88e89b312c]: Sch. rule 25(3)(b) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(g)(iii)

[^key-fa303228b8d7d89227ab48c9b6a17da6]: Words in Sch. Rules Sch. 3 para. (j) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(h)

[^key-c57cf2dfb61437680fa2d102a498335b]: Words in Sch. Rules Sch. 4 para. 1(h) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 7(i)

[^key-b945a65ac8a45079831418e7c65a0eb1]: Words in Sch. rule 14(5) omitted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(3) (with Sch. rule 2)

[^key-36d40a044e56b3921bfc9bade77c33c2]: Sch. rule 19(1) substituted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(4)(a) (with Sch. rule 2)

[^key-4f139972db338db3cb3c82190082691e]: Words in Sch. rule 19(2) inserted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(4)(b)(i) (with Sch. rule 2)

[^key-79dcbe0d397c426e019f676a583fe8c9]: Words in Sch. rule 19(2) substituted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(4)(b)(ii) (with Sch. rule 2)

[^key-d51019a0a7f7a6ee1c654b54624ea2ab]: Sch. rule 23(1A) inserted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(5) (with Sch. rule 2)

[^key-fd92204698197154ddcc4f602114610b]: Words in Sch. rule 30(1) inserted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(6)(a) (with Sch. rule 2)

[^key-dc9c53bed4dd4e39066ab0bd342f6cee]: Sch. rule 30(1A) inserted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(6)(b) (with Sch. rule 2)

[^key-bcd55b415a6b72abc0f2a0adba04ace8]: Rule 2B inserted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(2) (with Sch. rule 2)

[^M_F_47b28511-6663-4f42-bf62-e78f0fb32e5c]: Sch. rule 8 substituted (7.11.2011) by The Nursing and Midwifery Council (Fees and Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2011 (S.I. 2011/2297), art. 1, Sch. rule 3

[^key-e7092dc144f96aaa56833688b791171e]: Rule 2B heading substituted (31.8.2020) by The Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2020 (S.I. 2020/821), art. 1, Sch. rule 3(a)

[^key-023e033769735cf6ddb4fa70bc256ba4]: Rule 2ZA: rule 2B renumbered as rule 2ZA (31.8.2020) by The Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2020 (S.I. 2020/821), art. 1, Sch. rule 3(b)

[^key-6b78c23d67bd6e7a194b33d149c01473]: Sch. rule 2(2) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(1) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-40ada2f9084b558144efe6d5087cfa97]: Sch. rule 2A omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(2) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e4781c6a1317281f613348edaa9374f1]: Sch. Rules Sch. 3 para. (ba) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(10) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7b869a21e3ee19bcf16355a27ab9d552]: Sch. Rules Sch. 3 para. (bb) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(10) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-44de0521243bc17c3711f40d4847326d]: Sch. rule 3(1)-(2) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(3) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a43db33dfd8efa425c5c30839418c05f]: Sch. rule 5(2)(a)(ii) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(4)(a)(ii) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-861672832b73f5ce22e49a2961bbbcc9]: Sch. rule 5(2)(a)(iv) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(4)(a)(iv) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-13475807be16b73a78e0c3f9ed7055f3]: Word in Sch. rule 5(2)(a)(i) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(4)(a)(i) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-64b268e1d19533af094146df371b66b0]: Word in Sch. rule 5(2)(a)(iii) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(4)(a)(iii) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-07ac06df5575115861637dbe5f8217f7]: Sch. rule 5(3)-(4A) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(4)(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4002395c99347d710c18ea4880368675]: Words in Sch. rule 6(1)(e) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(5)(a) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-98512d4aef7e7f2d52ddf883be0a54f4]: Sch. rule 6(1A)-(1F) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(5)(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-15680207b28cfe188e201f3bb68f5e22]: Words in Sch. rule 6(5)(b) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(5)(c) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5e4673d1cb8f1b60e4c514812da8c62a]: Words in Sch. rule 6(6)(b) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(5)(d) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c2f73a1675425f6b2b2b905002107fcb]: Words in Sch. rule 8 substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(6)(a) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c10e05b481ce90ce0e0a92ec64d56b25]: Words in Sch. rule 8(b) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), Sch. 4 para. 26(6)(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-49f849657a887a5c9235ba1bc61e9c9f]: Words in Sch. rule 8(c) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(6)(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f9075a294f0958ba2ac34a514d15265d]: Words in Sch. rule 15(2) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), Sch. 4 para. 26(7) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0748e1a8fce8cf04072776759676d353]: Words in Sch. rule 20(a) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), Sch. 4 para. 26(8)(a)(i) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-475351626a50ffe140dc2f6f53eaed93]: Word in Sch. rule 20(a) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(8)(a)(ii) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f560521cf88fd74bf7a1dfa14e21b40d]: Sch. rule 20(c) and word omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), Sch. 4 para. 26(8)(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b17f850407cc2eecc11c1e7e07b6d2ac]: Words in Sch. rule 21(2)(iii) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), Sch. 4 para. 26(9)(a) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4488c16c77d1a594c92ffe9a461d0058]: Words in Sch. rule 21(2)(iv) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 26(9)(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1787dcb3cfd79d8f08de598066fc4331]: Words in rule 6(1)(e) omitted (8.3.2023) by virtue of The Dentists, Dental Care Professionals, Nurses, Nursing Associates and Midwives (International Registrations) Order 2023 (S.I. 2023/162), art. 1(2), Sch. 3 para. 1(2)(a)

[^key-4d8fbf4e9dd67e2715d07478798eb4bd]: Rule 6(1)(e)(i)(ii) substituted for rule 6(1)(e)(i)-(iii) (8.3.2023) by The Dentists, Dental Care Professionals, Nurses, Nursing Associates and Midwives (International Registrations) Order 2023 (S.I. 2023/162), art. 1(2), Sch. 3 para. 1(2)(b)

[^key-fcd76c4b675555e34a1c1a44a0713190]: Rule 6(1ZB) inserted (8.3.2023) by The Dentists, Dental Care Professionals, Nurses, Nursing Associates and Midwives (International Registrations) Order 2023 (S.I. 2023/162), art. 1(2), Sch. 3 para. 1(3)

Notice of retention of registration

10A

Prior to the date on which the registrant is due to pay a retention of registration fee the Council shall send her the following documentation—

  • (a) notice of the retention fee prescribed in rule 3(i) of the Fees Rules; and
  • (b) a notice warning her that, subject to rule 14(4) to (6), unless the prescribed retention fee is received by the Council on or before the date specified in the notice, her registration shall lapse.

Notice of renewal of registration

Service of notices in relation to registration

Retention of registration

12A

  • (1) No later than the date specified in the notice to retain her registration issued in accordance with rule 10A(b), the Council must have received payment of the fee for retention of registration prescribed in rule 3(i) of the Fees Rules.
  • (2) Subject to rule 14(4) to (6), a registrant’s registration in a part of the register shall lapse on the day on which the fee for retention of registration is due unless the fee has been paid.

Renewal of registration

Lapse of registration

Readmission to the register

Circumstances for refund of renewal of registration fee

Application to visiting nurses and midwives from relevant European States

2A

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

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

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

Applications for registration which are unsuccessful

Provision of information

5A

The Registrar may request from any person such information as the Registrar may reasonably require for the purposes of determining whether, if the applicant’s application for admission to the register is accepted, there will be in force in relation to that applicant, an indemnity arrangement providing appropriate cover.

Requirements for declarations of good health and good character

Prescribed period between the award of an approved qualification and registration

Applications for registration which are unsuccessful

Knowledge of English

Registration period

Notice of retention of registration

Notice of renewal of registration

Service of notices in relation to registration

Retention of registration

Renewal of registration

Provision of information

13A

The Registrar may request from any person such information as the Registrar may reasonably require for the purposes of determining whether, if the registrant’s registration is renewed, there will be in force in relation to that registrant, an indemnity arrangement providing appropriate cover.

Lapse of registration

Readmission to the register

Payment of fees

15A

  • (1) A person may, with the agreement of the Registrar, pay any prescribed fee for—
  • (a) registration as provided in rule 5 or rule 8;
  • (b) retention as provided in rule 12A;
  • (c) renewal as provided in rule 13;
  • (d) readmission as provided in rule 15; or
  • (e) restoration as provided in article 33 of the Order,

in such instalments and by such means of payment as the Registrar may determine.

  • (2) For the purpose of paragraph (1) the Registrar may determine—
  • (a) the amount of each instalment and the date on which each instalment is to be paid (with the final instalment due on a date no later than 11 months beginning with the date on which the prescribed fee was due); and
  • (b) that payment will be made by direct debit or by such other means of payment.
  • (3) Where it has been agreed in accordance with paragraph (1) that any prescribed fee will be paid in instalments—
  • (a) the Registrar may make, retain, renew, readmit or restore a register entry once the first such instalment has been so paid; and
  • (b) references in these Rules to an application being accompanied by the relevant fee, supported by payment of the appropriate fee, or payment of such a fee having been received, shall be construed as if they were references to a direct debit mandate (or such other form of written payment authorisation as the Registrar may determine), being received in respect of those fees.
  • (4) Where—
  • (a) in accordance with this rule any prescribed fee is to be paid in instalments; and
  • (b) following the payment of the first instalment and the making, retention, renewal readmission or restoration of a register entry, any subsequent instalment is not paid by the date on which it is due,

the Registrar will send a notice to the registrant stating that, if payment is not received within 14 days (beginning with the day on which the Registrar sent the notice) the registrant’s name may be removed from the register, and if no such payment is made, the Registrar may remove the registrant’s name from the register.

Evidence in connection with indemnity arrangements

16A

  • (1) The Registrar may, by notice to a registrant specifying a period within which the registrant must comply, request that the registrant provide—
  • (a) evidence that there is, or will be in force in relation to the registrant, appropriate cover under an indemnity arrangement;
  • (b) details of the nature and scope of the registrant’s practice; and
  • (c) the name and address of—
  • (i) any person, body or organisation by whom the registrant is employed, or intends to be employed as a nurse, midwife or nursing associate in England,
  • (ii) any person, body or organisation with whom the registrant has an arrangement, or intends to have an arrangement to provide services as a nurse, midwife or nursing associate in England.
  • (2) The Registrar may request such other documents and information as the Registrar may reasonably require for the purposes of verifying the evidence provided in accordance with paragraph (1).

Circumstances for refund of renewal of registration fee

Period during which an appeal may be made

Application to visiting nurses, midwives and nursing associates from relevant European States

Hearings during an emergency situation

2ZA

Hearings arranged under these Rules may be conducted using audio or video conferencing facilities.

Virtual meetings and hearings

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