Nursing and Midwifery Order 2001

JurisdictionUK Non-devolved
CitationSI 2002/253

2002 No. 253

NURSES AND MIDWIVES

The Nursing and Midwifery Order 2001

Made 12th February 2002

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 19991;

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4)2of 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:

1 GENERAL

PART I

GENERAL

S-1 Citation and commencement

Citation and commencement

1.—(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.

S-2 Interpretation

Interpretation

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

2 THE COUNCIL AND ITS COMMITTEES

PART II

THE COUNCIL AND ITS COMMITTEES

S-3 The Nursing and Midwifery Council and its Committees

The Nursing and Midwifery Council and its Committees

3.—(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 and midwives 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 main objective of the Council in exercising its functions shall be to safeguard the health and well-being of persons using or needing the services of registrants.

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

(a)

(a) have proper regard to the interests of all registrants and prospective registrants and persons referred to in paragraph (4) in each of the countries of the United Kingdom and to any differing considerations applying to the professions to which this Order applies and to groups within them; and

(b)

(b) cooperate wherever reasonably practicable with—

(i) employers and prospective employers of registrants,

(ii) persons who provide, assess or fund education or training for registrants or prospective registrants, or who propose to do so,

(iii) persons who are responsible for regulating or coordinating the regulation of other health or social care professions, or of those who carry out activities in connection with the services provided by those professions or the professions regulated under this Order,

(iv) persons responsible for regulating services in the provision of which registrants are engaged.

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

(7) The Council shall consult the Privy Council, or such person as the Privy Council may designate, at least once in each calendar year on the way in which it proposes to exercise its functions in respect of such period as the Privy Council or the designated person, as the case may be, may specify.

(8) Part I of Schedule 1 shall have effect with respect to the constitution of the Council.

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

(a)

(a) the Investigating Committee;

(b)

(b) the Conduct and Competence Committee;

(c)

(c) the Health Committee; and

(d)

(d) the Midwifery Committee.

(10) The four committees are referred to in this Order as “the statutory committees”.

(11) Each of the statutory 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)

(a) registrants or classes of registrant;

(b)

(b) employers of registrants;

(c)

(c) users of the services of registrants; and

(d)

(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 statutory committees.

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

3 REGISTRATION

PART III

REGISTRATION

S-4 Registrar

Registrar

4.—(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.

S-5 Establishment and maintenance of register

Establishment and maintenance of register

5.—(1) In accordance with the provisions of this Order the Council shall establish and maintain a register of qualified nurses and midwives.

(2) The Council shall from time to time—

(a)

(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)

(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 or midwife.

(3) The Council shall—

(a)

(a) before prescribing the requirements mentioned in paragraph (2)(b), consult the Conduct and Competence Committee in addition to the persons referred to in article 3(14); and

(b)

(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) In any enactment or instrument (past or future and including this Order), except where the context otherwise provides, “registered” in relation to nurses and midwives means registered in the register maintained under this article by virtue of qualifications in nursing or midwifery, as the case may be.

S-6 Register

Register

6.—(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)

(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;

(b)

(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)

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

(d)

(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)

(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)

(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)

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

(h)

(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...

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