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The Nursing and Midwifery Order 2001

S.I. 2002/253 · Made 12 February 2002 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2025.

NURSES AND MIDWIVES

Made 12th February 2002

Coming into force

articles 1 and 54(4) 12th February 2002

remainder in accordance with article 1(2)

At the Court at Buckingham Palace, the 12th day of February 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by a resolution of each House of Parliament in accordance with section 62(9) of the Health Act 1999f1;

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4)f2 of that Act, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

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.

f2

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

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2AApplication to nursing associates
  5. Part II: The Practice Committees
  6. 3The Nursing and Midwifery Council and its Committees
  7. Part III: REGISTRATION
  8. 4Registrar
  9. 5Establishment and maintenance of register
  10. 5ASupplementary provisions as to necessary knowledge of English
  11. 6Register
  12. 6ATemporary annotations with regard to emergencies involving loss of human life or human illness etc.
  13. 7The register: supplemental provisions
  14. 8Access to register etc.
  15. 9Registration
  16. 9ATemporary registration in emergencies involving loss of human life or human illness etc
  17. 10Renewal of registration and readmission
  18. 11Deemed registration of visiting EEA nurses and midwives Repealed
  19. 12Lapse of registration
  20. 12AIndemnity arrangements
  21. 13Approved qualifications
  22. 13ZAArticle 13: further provision relating to specified state professionals
  23. 13ATransitional provisions relating to admission to the register
  24. 13AAEuropean qualifications
  25. 14EEA qualifications Repealed
  26. Part IV: EDUCATION AND TRAINING
  27. 15Education and training
  28. 16Visitors
  29. 17Information to be given by institutions
  30. 18Refusal or withdrawal of approval of courses, qualifications and institutions
  31. 19Post-registration training
  32. 20Wales
  33. Part V: FITNESS TO PRACTISE
  34. 21Council’s functions in respect of fitness to practise, ethics and other matters
  35. 21AInformation for specified state professionals
  36. 22Allegations
  37. 23Screeners Repealed
  38. 24Screeners: supplementary provisions Repealed
  39. 25Council’s power to require disclosure of information
  40. 26The Investigating Committee
  41. 26AExercise of Investigating Committee functions by the Registrar or officers of the Council
  42. 26BReview of decisions by the Council
  43. 26CExercise of Council functions by the Registrar or officers of the Council
  44. 26DThe Fitness to Practise Committee
  45. 27The Conduct and Competence Committee Repealed
  46. 28The Health Committee Repealed
  47. 28AAssessment of necessary knowledge of English
  48. 29Orders of the Fitness to Practise Committee
  49. 30Review of orders by the Fitness to Practise Committee
  50. 31Interim Orders by a Practice Committee
  51. 32Investigation of allegations: procedural rules
  52. 33Restoration to the register of persons who have been struck off
  53. 34Legal assessors
  54. 35Medical assessors
  55. 36Registrant assessors
  56. Part VI: APPEALS
  57. 37Appeals against Registrar’s decisions
  58. 38Appeals
  59. Part VII: EEA PROVISIONS
  60. 39Visiting midwives, and certain visiting nurses, from relevant European States Repealed
  61. 39AVisiting general systems nurses from relevant European States Repealed
  62. 39BEuropean professional card Repealed
  63. 39CVisiting general systems nursing associates from relevant European States Repealed
  64. 40The Directive: designation of competent authority etc. Repealed
  65. Part VIII: MIDWIFERY Repealed
  66. 41The Midwifery Committee Repealed
  67. 42Rules as to midwifery practice Repealed
  68. 43Local supervision of midwives Repealed
  69. Part IX: OFFENCES
  70. 44Offences
  71. 45Attendance by unqualified persons at childbirth
  72. Part X: MISCELLANEOUS
  73. 46Further provisions
  74. 47Rules and orders
  75. 48Exercise of powers by the Privy Council
  76. 49Default powers of the Privy Council
  77. 50Annual reports, statistical reports and strategic plans
  78. 51Finances of the Council
  79. 52Accounts of the Council
  80. 53Inquiry by the Privy Council
  81. 54Supplementary and transitional provisions and extent
  82. 55Review Repealed
  83. Signature
  84. Schedule 1: THE NURSING AND MIDWIFERY COUNCIL AND COMMITTEES
  85. Part I: THE NURSING AND MIDWIFERY COUNCIL
  86. 1Membership Repealed
  87. 1AMembership: general
  88. 1BMatters for the order of the Privy Council under article 3(7A)
  89. 2Paragraph 2 Repealed
  90. 3Paragraph 3 Repealed
  91. 4Paragraph 4 Repealed
  92. 5Paragraph 5 Repealed
  93. 6Paragraph 6 Repealed
  94. 7Paragraph 7 Repealed
  95. 8Tenure of members Repealed
  96. 9Paragraph 9 Repealed
  97. 10Paragraph 10 Repealed
  98. 11The President Repealed
  99. 12Procedure etc. of Council and committees
  100. 13Procedure etc. of Council and committees
  101. 14Procedure etc. of Council and committees
  102. 15Powers of the Council
  103. 15APrivy Council functions Repealed
  104. Part II: The Practice Committees
  105. 16Midwifery Committee Repealed
  106. 17Practice Committees
  107. 18Practice Committees
  108. Schedule 2: TRANSITIONAL PROVISIONS
  109. 1The initial membership of the Council
  110. 2The transitional periods
  111. 3The Members
  112. 4Tenure of members
  113. 5Tenure of members
  114. 6Tenure of members Repealed
  115. 7Election Scheme
  116. 8Appointment of first President
  117. 9The register
  118. 10The register
  119. 11The register
  120. 12The register
  121. 13The Registrar Not yet in force
  122. 14The Registrar Not yet in force
  123. 15Functions of the Council during the transitional period
  124. 16Fitness to practise proceedings
  125. 17Fitness to practise proceedings
  126. 18Transitional provisions for local supervising authorities Repealed
  127. 19Transfer of staff and property Not yet in force
  128. 20Transfer of staff and property
  129. 21Transfer of staff and property
  130. 22Transfer of staff and property Not yet in force
  131. 23Transfer of staff and property
  132. 24Transfer of staff and property Not yet in force
  133. 25Transfer of staff and property
  134. Schedule 2A: VISITING MIDWIVES, AND CERTAIN VISITING NURSES, FROM RELEVANT EUROPEAN STATES Repealed
  135. 1Application and interpretation Repealed
  136. 2Paragraph 2 Repealed
  137. 3Registration in respect of provision of occasional nursing services or occasional midwifery services Repealed
  138. 4Entitlement to provide occasional nursing services or occasional midwifery services: first year Repealed
  139. 5First provision of services: required documents Repealed
  140. 6Paragraph 6 Repealed
  141. 7Entitlement to provide occasional nursing services or occasional midwifery services after first year: renewals Repealed
  142. 8Duration of entitlement to provide occasional nursing services or occasional midwifery services Repealed
  143. 9Conditions Repealed
  144. Schedule 2B: Directive 2005/36/EC: European professional card Repealed
  145. Part 1: General Repealed
  146. 1Introductory Repealed
  147. 2Interpretation Repealed
  148. Part 2: General functions of the Council in relation to European professional cards Repealed
  149. 3Council not to request resubmission of valid documents Repealed
  150. 4Power to revoke a European professional card Repealed
  151. 5Rectification of the European professional card or the IMI file Repealed
  152. 6Duty to give reasons and to notify of right of appeal Repealed
  153. 7Updating the IMI file: disciplinary actions or criminal sanctions Repealed
  154. 8Access to data Repealed
  155. 9Processing data Repealed
  156. Part 3: European professional cards for establishment in the United Kingdom or another relevant European State Repealed
  157. 10European professional cards for establishment in a host State other than the United Kingdom Repealed
  158. 11Issue of European professional card for establishment in the United Kingdom Repealed
  159. Part 4: European professional cards for the provision of occasional nursing services in a relevant European State other than the United Kingdom Repealed
  160. 12Issue of European professional card for the provision of occasional nursing services in a host State other than the United Kingdom Repealed
  161. 13Variation of a European professional card for the provision of occasional nursing services in a host State other than the United Kingdom Repealed
  162. Part 5: European professional card: requirements and entitlements as to registration Repealed
  163. 14Requirement to register: establishment cases Repealed
  164. 15Entitlement to registration: provision of occasional nursing services Repealed
  165. Part 6: Conditions in relation to fitness to practise Repealed
  166. 16Conditions in relation to fitness to practise: providers of occasional nursing services Repealed
  167. Schedule 3DIRECTIVE 2005/36: FUNCTIONS OF THE COUNCIL UNDER ARTICLE 40(2) Repealed
  168. Schedule 4INTERPRETATION
  169. Schedule 5: CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION
  170. 1The Parliamentary Commissioner Act 1967 (c. 13)
  171. 2Medicines Act 1968 (c. 67)
  172. 3The Fair Trading Act 1973 (c. 41) Repealed
  173. 4The House of Commons Disqualification Act 1975 (c. 24)
  174. 5The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  175. 6National Health Service Act 1977 (c. 49) Not yet in force
  176. 7The Interpretation Act 1978
  177. 8The Registered Homes Act 1984 (c. 23)
  178. 9The Video Recordings Act 1984 (c. 39)
  179. 10Children Act 1989 (c. 41)
  180. 11The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (NI 20))
  181. 12The Value Added Tax Act 1994 (c. 23)
  182. 13Employment Rights Act 1996 (c. 18)
  183. 14Data Protection Act 1998 (c. 29)
  184. 15Government of Wales Act 1998 (c. 38)
  185. 16The Health Act 1999 (c. 8)
  186. 17Freedom of Information Act 2000 (c. 36)
  187. Explanatory note