The Nursing and Midwifery Order 2001

Made: 12th February 2002

Coming into force

At the Court at Buckingham Palace, the 12th day of February 2002 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4)[^f00002] 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:

PART I — GENERAL

Citation and commencement

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• (1) This Order may be cited as the Nursing and Midwifery Order 2001.

• (2) This article and article 54(4) come into force on the day on which this Order is made and the other provisions of this Order shall come into force on such day as the Secretary of State may specify.

• (3) Different days may be specified under paragraph (2) for different purposes and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that date.

Interpretation

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This Order is to be interpreted in accordance with Schedule 4.

PART II — The Practice Committees

The Nursing and Midwifery Council and its Committees

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• (1) There shall be a body corporate known as the Nursing and Midwifery Council (referred to in this Order as “the Council”).

• (2) The principal functions of the Council shall be to establish from time to time standards of education, training, conduct and performance for nurses, midwives and nursing associates and to ensure the maintenance of those standards.

• (3) The Council shall have such other functions as are conferred on it by this Order or as may be provided by the Privy Council by order.

• (4) The over-arching objective of the Council in exercising its functions is the protection of the public.

• (4A) The pursuit by the Council of its over-arching objective involves the pursuit of the following objectives—

• (a) to protect, promote and maintain the health, safety and well-being of the public;

• (b) to promote and maintain public confidence in the professions regulated under this Order; and

• (c) to promote and maintain proper professional standards and conduct for members of those professions.

• (5) In exercising its functions, the Council shall—

• (a) have proper regard for—

• (i) the interests of persons using or needing the services of registrants in the United Kingdom, and

• (ii) any differing interests of different categories of registrants;

• (b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

• (i) the employment (whether or not under a contract of service) of registrants,

• (ii) the education or training of nurses, midwives , nursing associates or other health care professionals,

• (iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

• (iv) the regulation of health services, and

• (v) the provision, supervision or management of health services.

• (5A) In carrying out its duty to co-operate under paragraph (5)(b), the Council shall have regard to any differing considerations relating to practising as a nurse or midwife which apply in England, Scotland, Wales or Northern Ireland.

• (5B) In paragraph (5), “health care professionals” means persons regulated by a body, other than the Council, mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (which relates to the Council for the Regulation of Health Care Professionals).

• (6) Before making any order under paragraph (3), the Privy Council shall consult the Council.

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

• (7A) The Council shall be constituted as provided for by order of the Privy Council, subject to Part 1 of Schedule 1.

• (8) Part I of Schedule 1 shall have effect with respect to the constitution of the Council and orders of the Privy Council under paragraph (7A).

• (9) There shall be two committees of the Council, to be known as—

• (a) the Investigating Committee; and

• (b) the Fitness to Practise Committee.

• (10) The two committees mentioned in paragraph (9) are referred to in this Order as “the Practice Committees”.

• (11) Each of the Practice Committees shall have the functions conferred on it by this Order.

• (12) The Council may establish such other committees as it considers appropriate in connection with the discharge of its functions and delegate any of its functions to them, other than any power to make rules.

• (13) The Council shall inform and educate registrants, and shall inform the public, about its work.

• (14) Before establishing any standards or giving any guidance under this Order the Council shall consult representatives of any group of persons it considers appropriate including, as it sees fit, representatives of—

• (a) registrants or classes of registrant;

• (b) employers of registrants;

• (c) users of the services of registrants; and

• (d) persons providing, assessing or funding education or training for registrants or prospective registrants.

• (15) The Council shall publish any standards it establishes and any guidance it gives.

• (16) Paragraphs (14) and (15) do not apply to guidance given to an individual which is particular to him.

• (17) Part II of Schedule 1 shall have effect with respect to the Practice Committees.

• (18) Nothing in this Order shall require or permit any disclosure of information which is prohibited by or under any other enactment or the UK GDPR.

• (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III — REGISTRATION

Registrar

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• (1) The Council shall appoint a Registrar who shall hold office for such period and on such terms as the Council may determine.

• (2) The Registrar shall have such functions as the Council may direct.

• (3) The terms on which the Registrar holds office may, in addition to providing for his remuneration, include provision for the payment of such pensions, allowances or gratuities to or in respect of him, or such contributions or payments towards provision for such pensions, allowances or gratuities, as may be determined by the Council.

• (4) Where the terms on which the Registrar holds office include provision for the payment to him of any allowances or expenses, the rate at which those allowances or expenses are paid shall be determined by the Council.

• (5) If the Council appoints a deputy or assistant Registrar and that deputy or assistant Registrar is authorised by the Registrar to act for him in any matter, any reference in this Order to “the Registrar” shall include a reference to that deputy or assistant Registrar.

Establishment and maintenance of register

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• (1) In accordance with the provisions of this Order the Council shall establish and maintain a register of qualified nurses, midwives and nursing associates.

• (2) The Council shall from time to time—

• (a) establish the standards of proficiency necessary to be admitted to the different parts of the register being the standards it considers necessary for safe and effective practice under that part of the register; and

• (b) prescribe the requirements to be met as to the evidence of good health and good character in order to satisfy the Registrar that an applicant is capable of safe and effective practice as a nurse, midwife or nursing associate.

• (3) The Council shall—

• (a) before prescribing the requirements mentioned in paragraph (2)(b), consult ... the persons referred to in article 3(14); and

• (b) publish those requirements.

• (4) The register shall show, in relation to each registrant, such address and other details as the Council may prescribe.

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

Register

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• (1) The register shall be divided into such parts as the Privy Council may by order determine, on a proposal by the Council or otherwise, and in this Order, references to parts of the register are to the parts so determined.

• (2) Each part shall have a designated title indicative of different qualifications and different kinds of education or training and a registrant is entitled to use the title corresponding to the part of the register in which he is registered.

• (3) Subject to article 7, the Privy Council may by order, on a proposal by the Council or otherwise, make such other provision in connection with the register as it considers appropriate and in particular may provide for—

• (a) the register to include entries indicating the possession of qualifications (whether or not they are approved qualifications) or competence in a particular field or at a particular level of practice, or for the use of a particular category of entry to be discontinued;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) persons to be registered in one or more parts of the register by virtue of having been included in the register maintained under the 1997 Act;

• (c) the recording of additional entries by virtue of their having been in the register maintained under the 1997 Act;

• (d) a specified part of the register to be closed, as from a date specified in the order, so that on or after that date no further person may become registered in that part;

• (e) a specified part of the register to be sub-divided into two or more parts, or for two or more parts to be combined into one;

• (f) persons to be registered in one or more parts of the register by virtue of having been registered in a part or parts of the register which have been closed, sub-divided or combined;

• (g) the register to include a part or parts for specialists in community and public health;

• (h) the recording in Welsh of titles, qualifications and other entries referred to in this paragraph in respect of those members of the professions regulated by this Order whose registered address is in Wales.

• (4) The Privy Council, except where acting in accordance with a proposal made by the Council, shall consult the Council before making, varying or revoking any order under this article.

• (5) Before making any proposal referred to in paragraph (1) or (3), the Council shall consult representatives of any group of persons who appear likely to be affected by the proposed order.

The register: supplemental provisions

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• (1) The Council shall make rules in connection with registration and the register, and as to the payment of fees.

• (2) The rules shall, in particular, make provision as to—

• (a) the form and keeping of the register;

• (b) the procedure for the making, alteration and deletion of entries in the register;

• (c) the form and manner in which applications are to be made and the fee to be charged—

• (i) for registration, renewal of registration and readmission to the register,

• (ii) for the making of any additional entry in the register, and

• (iii) for registration to lapse;

• (d) the documentary and other evidence which is to accompany applications of the kind mentioned in sub-paragraph (c).

• (2A) Where the applicant applies in reliance on a specified state qualification or qualifications, the Registrar may not request more documentary and other evidence than is necessary to demonstrate to the Registrar that the applicant has satisfied the conditions specified in article 9(2).

• (2B) Where documentary or other evidence falls to be provided in connection with the registration of a specified state professional under article 9, the Council must accept certified copies of documents in place of original documents unless it requires original documents to protect the integrity of the application process.

• (2C) For the purposes of paragraph (2B), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.

• (2D) Any fee prescribed by the Council under paragraph (1) in connection with the making of an entry in the register relating to a specified state professional must be—

• (a) reasonable and proportionate to the cost of dealing with such an applicant’s application;

• (b) transparent, and made public in advance; and

• (c) payable by electronic means through the Council’s website.

• (3) Before determining or varying any fees mentioned in paragraph (2)(c) the Council shall consult such of those persons mentioned in article 3(14) as it considers appropriate.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Rules may not be made under this article in connection with annotations made under article 6A.

Access to register etc.

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• (1) The Council shall make the register available for inspection by members of the public at all reasonable times.

• (2) The Council shall publish the register maintained by it in such manner, and at such times, as it considers appropriate.

• (3) Any copy of, or extract from, the published register shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.

• (4) A certificate purporting to be signed by the Registrar, certifying that a person—

• (a) is registered in a specified category;

• (b) is not registered;

• (c) was registered in a specified category at a specified date or during a specified period;

• (d) was not registered in a specified category, or in any category, at a specified date or during a specified period; or

• (e) has never been registered,

shall be evidence (and in Scotland sufficient evidence) of the matters certified.

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

Registration

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• (1) A person seeking admission to a part of the register must apply to the Council and, subject to the provisions of this Order, if he satisfies the conditions mentioned in paragraph (2) he shall be entitled to be registered in that part.

• (2) Subject to paragraph (3), the conditions are that the application is made in the prescribed form and manner and that the applicant—

• (a) satisfies the Registrar that he holds an approved qualification awarded—

• (i) within such period, not exceeding five years ending with the date of the application, as may be prescribed, or

• (ii) before the prescribed period mentioned in head (i), and he has met such requirements as to additional education, training and experience as the Council may specify under article 19(3) and which apply to him;

• (aa) satisfies the Registrar that there is in force in relation to the applicant, or there will be as necessary for the purpose of complying with article 12A, appropriate cover under an indemnity arrangement;

• (b) satisfies the Registrar in accordance with the Council’s requirements mentioned in article 5(2) that he is capable of safe and effective practice as a nurse, midwife or nursing associate;

• (ba) satisfies the Registrar that he has the necessary knowledge of English; and

• (c) has paid the prescribed fee.

• (3) Where the applicant is already registered in the register and wishes to be registered in an additional part of the register or to have additional entries recorded, paragraph (2)(a) shall apply only to the qualifications on which his application is based.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where a person makes an application under paragraph (1), the Registrar must, as soon as reasonably practicable and in any event within the specified period, notify the applicant in writing—

• (a) of the result of the application; and

• (b) if the Registrar refuses the application, of the reasons for the decision, and of the applicant's right of appeal.

• (4A) Where a specified state professional makes an application under paragraph (1), the Registrar must—

• (a) give the applicant adequate time to complete the requirements and procedures of the application process;

• (b) within the period of one month beginning with the date when the Registrar receives the application—

• (i) acknowledge receipt of the application;

• (ii) inform the applicant of any missing document required for the purposes of the application; and

• (c) deal promptly with the application.

• (5) Subject to paragraph (5ZA), in paragraphs (4) and (6) “the specified period” means —

• (a) where A holds a specified state qualification, the period of four months beginning with the relevant date;

• (b) in any other case, the period of three months beginning with that date.

• (5ZA) In calculating any period of time for the purposes of paragraph (5), the following are to be disregarded—

• (a) any period which begins on the date on which the Registrar makes a request under article 5A(4) and ends on the date on which the applicant complies with the request; and

• (b) any period which begins on the date on which the Registrar requires the applicant to undergo an examination or other assessment under article 5A(6)(a) and ends on the date on which the applicant complies with the requirement under article 5A(6)(b).

• (5A) The “relevant date”, in relation to an application, is—