OpenLegislation

Schedule 4 INTERPRETATIONI1I2I3I4I5I6

United Kingdom

In this Order, unless the context otherwise requires—

  • “the 1997 Act” means the Nurses, Midwives and Health Visitors Act 1997f1;

  • F1...

  • F2...

  • F3...

  • F4...

  • F5...

  • F6“adaptation period” means—

    1. (a)

      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;

    2. (b)

      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;

    3. (c)

      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;

    4. (d)

      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;

    5. (e)

      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;

    6. (f)

      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;

  • F7“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;

  • F8...

  • F9...

  • ...

  • ...

  • F10“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;

  • F11...

  • ...

  • F12“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;

  • F13...

  • F14...

  • F15...

  • ...

  • ...

  • ...

  • ...

  • ...

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

  • F16“lay member” shall be construed in accordance with paragraph 1A(1)(b) of Schedule 1;

  • F17...

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

  • F18...

  • F19...

  • ...

  • ...

  • F20“the necessary knowledge of English”—

    1. (a)

      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;

    2. (b)

      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;

    3. (c)

      F21in 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;

  • F22...

  • “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;

  • F23“Practice Committees” has the meaning given to it in article 3(10);

  • F24“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;

  • F25“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;

  • F26“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;

  • F27“relevant European State” means an EEA State or Switzerland;

  • F28...

  • F29...

  • F30...

  • “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);

  • F31...

  • F32...

  • F33“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.

Annotations

Textual amendments

F1

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(a)

F2

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(b)

F3

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(c)

F4

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(d)

F5

Words in Sch. 4 omitted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by virtue of The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 11(a)

F6

Words in Sch. 4 substituted (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 20

F7

Words in Sch. 4 inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 29

F8

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(e)

F9

Words in Sch. 4 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. 22(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)

F10

Words in Sch. 4 inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 67

F11

Words in Sch. 4 omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 286 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F12

Words in Sch. 4 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. 22(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)

F13

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(h)

F14

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(i)

F15

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(j)

F16

Words in Sch. 4 substituted (1.1.2009 as notified in the London Gazette (Issue 58904, published 5.12.2008)) by The Nursing and Midwifery (Amendment) Order 2008 (S.I. 2008/1485), Sch. 1 para. 11(b)

F17

Words in Sch. 4 omitted (28.1.2019) by virtue of The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 32(c)

F18

Words in Sch. 4 omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(c)(d), Sch. 1 para. 21(b) (with art. 3)

F19

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(m)

F20

Words in Sch. 4 inserted (19.10.2015) by The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 43; S.I. 2015/1451, art. 2(d)

F21

Words in Sch. 4 inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 32(d)

F22

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(o)

F23

Words in Sch. 4 substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 21(c) (with art. 3)

F24

Words in Sch. 4 substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 32(e)

F25

Words in Sch. 4 substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 32(f)

F26

Words in Sch. 4 substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 32(g)

F27

Words in Sch. 4 inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(p)

F28

Words in Sch. 4 omitted (28.1.2019) by virtue of The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 32(i)

F29

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(q)

F30

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(r)

F31

Words in Sch. 4 omitted (28.7.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 21(d) (with art. 3)

F32

Words in Sch. 4 omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 173(s)

F33

Words in Sch. 4 inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 42 (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

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)

I2

Sch. 4 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)

I3

Sch. 4 in force at 22.1.2003 for specified purposes as notified in the London Gazette (Issue 56816, published 10.1.2003), see art. 1(2)(3)

I4

Sch. 4 in force at 5.3.2004 for specified purposes as notified in the London Gazette (Issue 57218, published 27.2.2004), see art. 1(2)(3)

I5

Sch. 4 in force at 1.8.2004 for specified purposes as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)

I6

Sch. 4 in force at 31.7.2006 in so far as not already in force as notified in the London Gazette (Issue 58044, published 14.7.2006), see art. 1(2)(3)

Footnotes

f1

1997 c. 24.