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

Made: 7th July 2004

Laid before Parliament: 9th July 2004

Coming into force: 1st August 2004

At the Court Council Chamber, Whitehall, the 7th day of July 2004

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas in exercise of the powers conferred on it by articles 5(2)(b), 5(4), 7(1), 7(2), 9(2), 10(1) to (3), 12(1), 13(1)(c)(iii), 15(2), 19(1) to (3), 37 and 47(2) of the Nursing and Midwifery Order 2001 , and of all other powers enabling it in that behalf, the Nursing and Midwifery Council has made the Nursing and Midwifery (Education, Registration and Registration Appeals) Rules 2004 as set out in the Schedule to this Order:

And whereas by articles 47(1) and 48 of the Nursing and Midwifery Order 2001 such Rules shall not come into force until approved by order of the Privy Council:

Now, therefore, Their Lordships, having taken the Rules into consideration, are pleased to, and do hereby, approve them.

This Order may be cited as the Nursing and Midwifery (Education, Registration and Registration Appeals) Rules 2004 Order of Council 2004 and shall come into force on 1st August 2004.

A.K. Galloway

Clerk of the Council

This Order may be cited as the Nursing and Midwifery (Education, Registration and Registration Appeals) Rules 2004 Order of Council 2004 and shall come into force on 1st August 2004.

SCHEDULE

Signed

Given under the official seal of the Nursing and Midwifery Council on 18th June 2004.

Jonathan Asbridge — President

Sarah Thewlis — Chief Executive and Registrar

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: S.I. 2002/253.

[^f00002]: S.I. 2002/253; Schedule 4 is cited becuase of the definition of “prescribed”.

The Nursing and Midwifery Council in exercise of its powers under articles 5(2)(b), 5(4), 7(1), 7(2), 9(2), 10(1), 10(2), 10(3), 12(1), 13(1)(c)(iii), 15(2), 19(1), 19(2), 19(3), 37 and 47(2) of, and Schedule 4 to, the Nursing and Midwifery Order 2001 and of all other powers enabling it in that behalf and following consultation in accordance with articles 5(3) and 47 of that Order hereby makes the following Rules:

PART 1 — General

Citation and commencement

1

These Rules may be cited as the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 and shall come into force on 1st August 2004.

Interpretation

2

• (1) In these Rules—

“approved educational institution”	means an institution or part of an institution or a combination of institutions approved by the Council under article 15(6)(c) of the Order;
“approved programme of education”	means an integrated theoretical and clinical practice programme that has been approved by the Council under article 15(6)(a) of the Order;
“education”	includes training;
“old register”	means the register maintained by the Council pursuant to paragraph 10 of Schedule 2 to the Order;
“personal identification number”	means the unique number allocated to each applicant on first registration;
“personal reference number”	means the unique number allocated to each applicant prior to registration;
“recordable qualification”	means a qualification which is not a registrable qualification and which—meets the standards set by the Council; oris obtained outside the United Kingdom and which the Council is satisfied is equivalent to a qualification of the type referred to in paragraph (a);
“registrable qualification”	means a qualification leading to admission to a part of the register;
“registration period”	shall be construed in accordance with rule 10;
“the Fees Rules”	means the Nursing and Midwifery Council (Fees) Rules 2004; and
“the Order”	means the Nursing and Midwifery Order 2001.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Education

Education leading to registration and re-registration

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A registrant must undertake such continuing professional development as the Council shall specify in standards in accordance with article 19(1) of the Order.

• (4) A person applying for registration, renewal or readmission:

• (a) who first applies for registration more than five years after being awarded an approved qualification;

• (b) whose registration has lapsed and who applies for readmission to the register, unless in the five years before the date of her application for readmission to the register she has practised for at least 750 hours; or

• (c) who, subject to paragraph (5) has practised for less than 450 hours in the three years preceding the date of an application for renewal of registration,

shall undertake such education and training or gain such experience as the Council specifies in standards in accordance with article 19(3) of the Order.

• (5) Until two years after the coming into force of these rules, a person may satisfy paragraph (4)(c) if she has practised for 750 hours or more in the five years preceding the date of her application.

PART 3 — Registration

The register

4

• (1) The Registrar shall enter in the register against the full name of each registrant—

• (a) her personal identification number;

• (b) her address for correspondence;

• (c) any registrable qualification, including any mark which denotes her field of practice as it applies to that qualification;

• (d) any recordable qualification.

• (2) The home address of a registrant shall not be included in any published version of the register without her consent.

• (3) The Registrar may enter on the register any other information which is material to a registrant’s registration.

• (4) The Registrar shall keep the register, electronically, in a form and manner which guards against falsification and shall take all reasonable steps to ensure that only she, and such persons as have been authorised by her in writing for the purpose, shall be able to amend the register.

Application for admission to a part of the register

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• (1) An application for admission to a part of the register shall be—

• (a) made in writing using the personalised documentation provided by the Council which shall include a declaration by the applicant as to her good health and good character and the other information listed in Schedule 3;

• (b) signed by the applicant;

• (c) sent or delivered to the Registrar;

• (d) supported by payment of the appropriate fee prescribed in the Fees Rules;

• (e) accompanied by evidence of her qualification as referred to in paragraph (2) and a supporting declaration as described in rule 6.

• (2) The applicant shall provide—

• (a) the following evidence of her qualification—

• (i) where the applicant is relying on article 13(1)(a) of the Order, evidence that she has obtained an approved qualification of a type mentioned in the said article 13(1)(a), or

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) where the applicant is relying on article 13(1)... (d) or (dd) of the Order, evidence of her qualification and, where appropriate, such other evidence as the Council may reasonably require (such as a document that details her training and references) in order to satisfy the Council that she has met the requisite standard of proficiency for admission to the part of the register in respect of which she is applying, ...

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (v) where the applicant is relying on article 13A of the Order, evidence of her specified qualification as mentioned in article 13A(4) of the Order and, where appropriate, such other evidence as the Council may reasonably require (such as a document that details her training and references) in order to satisfy the Council that she has met the requisite standard of proficiency for admission to the part of the register in respect of which she is applying;

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

• (ab) evidence that the applicant has the necessary knowledge of English for the purpose of complying with article 9(2)(ba) of the Order;

• (b) such other documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in and determining the application.

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

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

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

Requirements for declarations of good health and good character

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• (1) The declaration by the applicant as to her good health and good character, provided under rule 5(1)(a), shall be supported—

• (a) for an applicant applying for admission to the register on, or within six months of, completion of a pre-registration programme in accordance with rule 5(2)(a)(i), or for re-admission following a return to practice programme, by a declaration signed—

• (i) by the registered nurse, whose name has been notified to the Council, who is responsible for directing the educational programme at the relevant approved educational institution, or her designated registered nurse substitute, ...

• (ii) by the lead midwife for education, whose name has been notified to the Council, who is responsible for midwifery education in the relevant approved educational institution, or her designated registered midwife substitute, or

• (iii) by the registered nurse or nursing associate, whose name has been notified to the Council, who is responsible for the nursing associate education in the relevant approved educational institution, or her designated registered nurse substitute or designated registered nursing associate substitute;

• (b) for an applicant who has not applied to join the register within six months of the award of her registrable qualification but who makes an application to join the register, in accordance with rule 5(2)(a)(i), within five years of completing a pre-registration programme—

• (i) by a declaration signed in accordance with paragraph (1)(a)(i), (ii) or (iii), and

• (ii) by a declaration signed by a registrant who is registered in a relevant part of the register and who has known the applicant for at least one year, and has been in contact with her during the preceding six months and can attest to the matters set out in the declaration;

• (ba) for an applicant who is applying to the nursing associates’ part of the register and who is a person to whom article 13A of the Order applies, by a declaration signed by a registered nurse who has known the applicant for at least one year and has been in contact with her during the preceding six months and can attest to the matters set out in the declaration;

• (c) for an applicant applying for readmission to the register who has not completed a return to practice programme, by a declaration signed by a registrant who is registered in a relevant part of the register and who has known the applicant for at least one year, and has been in contact with her during the preceding six months and can attest to the matters set out in the declaration;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (da) for an applicant applying to join the nursing associates’ part of the register who is relying on article 13(1)(dd) of the Order, by a declaration signed by a registered nurse or registered nursing associate who has known the applicant for at least one year and has been in contact with her during the preceding six months and who is able to attest to the matters set out in the declaration;

• (db) for an applicant to whom sub-paragraph (da) applies, in addition to the declaration referred to in that sub-paragraph, a declaration signed by—

• (i) a member of the occupational health department of a body that has employed or engaged the applicant who, on the basis of a health assessment of the applicant undertaken by that department, is able to attest to the matters set out in the declaration, or

• (ii) a registered medical practitioner who has undertaken a health assessment of the applicant in the last six months;

• (e) for an applicant applying to join the register who is relying on article 13(1)... (d) of the Order, by ...—

• (i)

• (aa) where the applicant is registered to practise in a country, a declaration of good character signed on behalf of the licensing body in that country, or

• (bb) where the applicant is not so registered, written evidence of good character signed by the person providing that evidence, that satisfies the Registrar of the applicant’s good character; and

• (ii) a declaration of good health signed by—

• (aa) a member of the occupational health department of a body that has employed or engaged the applicant who, on the basis of a health assessment of the applicant undertaken by that department within the previous 12 months, is able to attest to the matters set out in the declaration, or

• (bb) a registered medical practitioner who has undertaken a health assessment of the applicant within the last 12 months;

• (1ZA) For the purpose of paragraph (1)(b) and (c) “a relevant part of the register” means—

• (a) where the applicant is applying to be registered as a nurse or midwife, the part of the register in which the applicant is applying to be registered;

• (b) where the applicant is applying to be registered as a nursing associate, the nurses’ part of the register or the nursing associates’ part of the register.

• (1ZB) For the purpose of paragraph (1)(e)(i)(bb) written evidence may, in particular, include a reference from an employer, an educational institution, or a person registered with the Council who is personally known to the applicant.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In the case of an applicant who is a nurse to whom paragraph (1)(e) applies and who has successfully completed a period of supervised practice in the United Kingdom, the declaration by the applicant shall be supported by a declaration signed by the nurse registrant, whose name has been notified to the Council, responsible for supervising and assessing her during her period of supervised practice.

• (3) In the case of an applicant who is a midwife to whom paragraph (1)(e) applies and who has successfully completed an adaptation programme in the United Kingdom, the declaration by the applicant shall be supported by a declaration signed by the lead midwife for education, whose name has been notified to the Council, who is responsible for midwifery education in the relevant approved educational institution or her designated registered midwife substitute.

• (4) The person who makes the supporting declaration of good health and good character must not be a relative or employee of the applicant.

• (5) For the purposes of satisfying herself as to the good health of the applicant, the Registrar shall have regard to—

• (a) the declaration provided by the applicant;

• (b) the supporting declaration provided under paragraph (1)(a), (b), (ba), (c), (da), (db) or (e) ... (2) or (3); and

• (c) such other matters as appear to her to be relevant,

and for this purpose the Registrar may seek information additional to that provided with the application for registration.

• (6) For the purposes of satisfying herself as to the good character of the applicant, the Registrar shall have regard to—

• (a) the declaration provided by the applicant;

• (b) the supporting declaration provided under paragraph (1)(a), (b), (ba), (c), (da), (db) or (e) ... (2) or (3);

• (c) any conviction or caution which the applicant has received in the United Kingdom for a criminal offence or a conviction received elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

• (d) any determination by a body responsible for regulating or licensing a health or social care profession to the effect that the applicant’s fitness to practise is impaired; and

• (e) any other matters which, in the opinion of the Registrar, appear to be relevant,

and for this purpose the Registrar may seek information additional to that provided with the application for registration.

• (7) For the purposes of this rule—

• ...

• “relative” in relation to any person means—her spouse or civil partner;her lineal ancestor, lineal descendent, brother, sister, aunt, uncle, nephew, niece or first cousin of hers or of her spouse or civil partner; orthe spouse or civil partner of any relative mentioned in paragraph (b),and for the purposes of deducing any such relationship “spouse or civil partner” includes a former spouse or civil partner, a partner to whom the person is not married, and a partner of the same sex.

Prescribed period between the award of an approved qualification and registration

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