OpenLegislation

Paragraph 28 Visiting nurses, midwives and nursing associates: saving of old law for up to five yearsF7I1

United Kingdom

(1)

Where, immediately before F1IP completion day—

(a)

a visiting nurse or midwife was entitled under paragraph 4 or 7 of Schedule 2A to the 2001 Order to provide occasional services, or

(b)

the Registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a nurse or midwife seeking to acquire that entitlement,

any provision made by or under the Order continues to apply in relation to the nurse or midwife without the amendments that the Part 1 of this Schedule makes to the provisions relating to visiting midwives and certain visiting nurses from relevant European states F2(but subject, in the case of a Swiss visiting nurse or Swiss visiting midwife, to the modifications to the 2001 Order specified in sub-paragraph (4)).

(2)

But a visiting nurse or midwife's entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or after F3IP completion day (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule. F4This sub-paragraph is subject to sub-paragraphs (2A) to (2C).)

F5(2A)

Sub-paragraph (2) does not apply in the case of a Swiss visiting nurse or a Swiss visiting midwife.

(2B)

But a Swiss visiting nurse or Swiss visiting midwife’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

(2C)

In this paragraph—

  • “Swiss visiting midwife” means a visiting midwife who is—

    1. (a)

      a national of the United Kingdom or a Swiss national, or

    2. (b)

      a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a United Kingdom national or Swiss national;

  • “Swiss visiting nurse” means a visiting nurse who is—

    1. (a)

      a national of the United Kingdom or a Swiss national, or

    2. (b)

      a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a United Kingdom national or Swiss national.

(3)

The reference in sub-paragraph (1) to “the provisions relating to visiting midwives and certain visiting nurses from relevant European states” is to the provisions listed in the following table.

Act or instrumentProvision relating to visiting practitioners
The 2001 Orderarticle 6(3)(aa)
article 7(4)
article 9(1) and (7)
article 10(1) and (6)
article 12A(11)
article 19(2A) to (2D)
article 37(1)(aa)
article 39
Schedule 2A
in Schedule 4, the definitions of “competent authority”, “the Directive”, “exempt person”, “General Systems Regulations”, “national”, “relevant European State” and “visiting nurse or midwife from a relevant European State”
Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004article 8
Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004rule 2A
rule 20(a) (so far as it relates to article 37(1)(aa) of the 2001 Order)
rule 21(2)(a)(iii) (so far as it relates to article 37(1)(aa) of the 2001 Order)
F6(4)

The modifications to the 2001 Order mentioned in sub-paragraph (1) are—

(a)

article 10(6) is to be read as if for the words from “visiting nurse” to the end there were substituted “Swiss visiting nurse or Swiss visiting midwife”;

(b)

article 19(2D) is to be read as if, for the words from “the relevant” to the end there were substituted “Switzerland”;

(c)

Schedule 2A is to be read as if—

(i)

for paragraph 1, there were substituted—

“1.

This Schedule applies to—

(a)

a Swiss visiting nurse who is lawfully established as a nurse in Switzerland; or

(b)

a Swiss visiting midwife who is lawfully established as a midwife in Switzerland.”;

(ii)

in paragraph 2—

(aa)

before sub-paragraph (a), there were inserted—

“(za)

an “existing contract” means a written contract which was concluded, and the performance of which started, before IP completion day;”;

(bb)

in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting nurse or Swiss visiting midwife”;

(cc)

in sub-paragraph (b), for the words from “the relevant” to the end there were substituted “Switzerland”;

(dd)

in sub-paragraph (d), at the end, there were inserted—

“—

(i)

on the basis of one or more existing contracts, and

(ii)

for a period not exceeding 90 days in total in any calendar year.”;

(iii)

in paragraph 5(2)—

(aa)

in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(bb)

for paragraph (c), there were substituted—

“(c)

if the practitioner is not a national of the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife;”;

(iv)

in paragraph 7, for sub-paragraph (6), there were substituted—

“(6)

In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a)

states the practitioner’s wish to provide occasional nursing services or occasional midwifery services in a further year;

(b)

contains details of the existing contract or contracts on the basis of which those services will continue to be provided;

(c)

if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality;

(d)

if the practitioner is not a national of the United Kingdom or a Swiss national, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife.”;

(v)

in paragraph 8(5), after paragraph (a), there were inserted—

“(aa)

the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional nursing or midwifery services, is terminated or otherwise expires; or”;

(d)

Schedule 4 is to be read as if—

(i)

in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii)

there were inserted, at the appropriate places—

  • ““Swiss visiting midwife” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;

  • “Swiss visiting nurse” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”.

Annotations

Textual amendments

F1

Words in Sch. 4 para. 28(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(b)(i)

F2

Words in Sch. 4 para. 28(1) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(b)(ii)

F3

Words in Sch. 4 para. 28(2) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(c)(i)

F4

Words in Sch. 4 para. 28(2) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(c)(ii)

F5

Sch. 4 para. 28(2A)-(2C) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(d)

F6

Sch. 4 para. 28(4) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(e)

F7

Words in Sch. 4 para. 28 heading substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(a)

Commencement

I1

Sch. 4 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)