UK Statutory Instrument SI 2002 United Kingdom

Nursing and Midwifery Order 2001

This Order provides for the regulation of nurses and midwives and creates a regulatory body, the Nursing and Midwifery Council, which is required to set standards of education, training, conduct and performance and to put in place arrangements to ensure that they are met (article 3). It provides for the …

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Made under
Health Act 1999
Enforced by
NMC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 3 of 29 obligations carry an unlimited fine. 26 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person6

Plus 23 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

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Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.001 Citation and commencement (opens in a new tab)
s.application to nursing associates Application to nursing associates
s.art002 Interpretation
Part 2

The Practice Committees

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.003 The Nursing and Midwifery Council and its Committees (opens in a new tab)
Part 3

REGISTRATION

9 of 18 sections shown
s.005 Establishment and maintenance of register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must maintain the register and set standards for nursing professionalsStatutory regulator
s.007 The register: supplemental provisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must establish registration rules and fair fee structuresStatutory regulator
s.008 Access to register etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must provide public access to the nursing and midwifery registerStatutory regulator
s.009 Registration (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must process and decide on registration applications within set timeframesStatutory regulator
s.010 Renewal of registration and readmission (opens in a new tab) Regulated
  • Renew your nursing or midwifery registration and maintain indemnityAny Person
s.012 Lapse of registration (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must ensure registration does not lapse during fitness to practise casesStatutory regulator
s.art005 Supplementary provisions as to necessary knowledge of English Regulated
Other duties (1) — Crown / regulator
  • NMC must publish guidance on English language requirementsStatutory regulator
s.art012 Indemnity arrangements Regulated
  • Maintain appropriate professional indemnity insuranceAny Person
s.art013 Article 13: further provision relating to specified state professionals Regulated
Other duties (1) — Crown / regulator
  • NMC must specify and schedule competency tests for certain overseas professionalsStatutory regulator
9 other sections in this Part — procedural and definitional
s.006 Register (opens in a new tab)
s.011 Deemed registration of visiting EEA nurses and midwives (opens in a new tab)
s.013 Approved qualifications (opens in a new tab)
s.014 EEA qualifications (opens in a new tab)
s.art004 Registrar
s.european qualifications European qualifications
s.temporary annotations with regard to emergencies i Temporary annotations with regard to emergencies involving loss of human life or human illness etc.
s.temporary registration in emergencies involving lo Temporary registration in emergencies involving loss of human life or human illness etc
s.transitional provisions relating to admission to t Transitional provisions relating to admission to the register
Part 4

EDUCATION AND TRAINING

3 of 6 sections shown
s.015 Education and training (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must set and monitor nursing and midwifery education standardsStatutory regulator
s.017 Information to be given by institutions (opens in a new tab) Regulated
  • Provide information and assistance to the Nursing and Midwifery CouncilAny Person
s.018 Refusal or withdrawal of approval of courses, qualifications and institutions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must provide notice and a consultation period before withdrawing approvalStatutory regulator
3 other sections in this Part — procedural and definitional
s.016 Visitors (opens in a new tab)
s.019 Post-registration training (opens in a new tab)
s.020 Wales (opens in a new tab)
Part 5

FITNESS TO PRACTISE

11 of 22 sections shown
s.021 Council’s functions in respect of fitness to practise, ethics and other matters (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must set professional standards and protect the publicStatutory regulator
s.026 The Investigating Committee (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC Investigating Committee must follow standard procedures for allegationsStatutory regulator
s.030 Review of orders by the Fitness to Practise Committee (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must review fitness to practise orders and offer a right of audienceStatutory regulator
s.032 Investigation of allegations: procedural rules (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must follow set procedures when investigating fitness to practiseStatutory regulator
s.033 Restoration to the register of persons who have been struck off (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must determine applications for restoration to the registerStatutory regulator
s.034 Legal assessors (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must appoint legal assessors to advise on legal questionsStatutory regulator
s.035 Medical assessors (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must appoint and manage medical assessorsStatutory regulator
s.036 Registrant assessors (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must appoint registrant assessors and may pay employer allowancesStatutory regulator
s.art021 Information for specified state professionals Regulated
Other duties (1) — Crown / regulator
  • NMC must provide regulatory information and respond to enquiriesStatutory regulator
s.art026 Review of decisions by the Council Regulated
Other duties (1) — Crown / regulator
  • NMC Council may review fitness to practise decisionsStatutory regulator
s.art026 The Fitness to Practise Committee Regulated
Other duties (1) — Crown / regulator
  • NMC Fitness to Practise Committee must consider referred casesStatutory regulator
11 other sections in this Part — procedural and definitional
s.022 Allegations (opens in a new tab)
s.023 Screeners (opens in a new tab)
s.024 Screeners: supplementary provisions (opens in a new tab)
s.025 Council’s power to require disclosure of information (opens in a new tab)
s.027 The Conduct and Competence Committee (opens in a new tab)
s.028 The Health Committee (opens in a new tab)
s.029 Orders of the Fitness to Practise Committee (opens in a new tab)
s.031 Interim Orders by a Practice Committee (opens in a new tab)
s.assessment of necessary knowledge of english Assessment of necessary knowledge of English
s.exercise of council functions by the registrar or Exercise of Council functions by the Registrar or officers of the Council
s.exercise of investigating committee functions by t Exercise of Investigating Committee functions by the Registrar or officers of the Council
Part 6

APPEALS

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.037 Appeals against Registrar’s decisions (opens in a new tab)
s.038 Appeals (opens in a new tab)
Part 7

EEA PROVISIONS

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.039 Visiting midwives, and certain visiting nurses, from relevant European States (opens in a new tab)
s.040 The Directive: designation of competent authority etc. (opens in a new tab)
s.european professional card European professional card
s.visiting general systems nurses from relevant euro Visiting general systems nurses from relevant European States
s.visiting general systems nursing associates from r Visiting general systems nursing associates from relevant European States
Part 8

MIDWIFERY

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.041 The Midwifery Committee (opens in a new tab)
s.042 Rules as to midwifery practice (opens in a new tab)
s.043 Local supervision of midwives (opens in a new tab)
Part 9

OFFENCES

2 of 2 sections shown
s.044 Offences (opens in a new tab) Prosecution
  • Falsely claiming to be a registered nurse, midwife, or nursing associateAny Person

Unlimited fine

s.045 Attendance by unqualified persons at childbirth (opens in a new tab) Prosecution
  • Allow an unqualified person to attend a childbirthAny Person

Unlimited fine

Part 10

MISCELLANEOUS

4 of 10 sections shown
s.050 Annual reports, statistical reports and strategic plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must publish annual reports, statistics, and strategic plansStatutory regulator
s.051 Finances of the Council (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC may charge fees to registered professionalsStatutory regulator
s.052 Accounts of the Council (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NMC must maintain and publish audited annual accountsStatutory regulator
s.053 Inquiry by the Privy Council (opens in a new tab) Prosecution
  • Fail to cooperate with a Privy Council inquiryAny Person

Unlimited fine

6 other sections in this Part — procedural and definitional
s.046 Further provisions (opens in a new tab)
s.047 Rules and orders (opens in a new tab)
s.048 Exercise of powers by the Privy Council (opens in a new tab)
s.049 Default powers of the Privy Council (opens in a new tab)
s.054 Supplementary and transitional provisions and extent (opens in a new tab)
s.055 Review (opens in a new tab)
Schedules

Schedules

0 of 84 shown
84 other schedules
s.002 TRANSITIONAL PROVISIONS (opens in a new tab)
s.004 INTERPRETATION (opens in a new tab)
s.sch001 Membership
s.sch001 The President
s.sch001 Procedure etc. of Council and committees
s.sch001 (1) In appointing non-Council members to any committee set up...
s.sch001 (1) Decisions of the Council and committees shall be made...
s.sch001 Powers of the Council
s.sch001 Privy Council functions
s.sch001 Midwifery Committee
s.sch001 Practice Committees
s.sch001 (1) The members of each Practice Committee shall include registered...
s.sch001 Membership: general
s.sch001 Matters for the order of the Privy Council under article 3(7A)
s.sch001 Tenure of members
s.sch002 The initial membership of the Council
s.sch002 Until such date as the first order under article 6(1)...
s.sch002 Where on the appointed day there are outstanding applications for—...
s.sch002 The entries in the register kept under the 1997 Act...
s.sch002 The Registrar
s.sch002 If the first Registrar ceases to hold office before a...
s.sch002 Functions of the Council during the transitional period
s.sch002 Fitness to practise proceedings
s.sch002 An appeal— (a) under section 12 of the 1997 Act...
s.sch002 Transitional provisions for local supervising authorities
s.sch002 Transfer of staff and property
s.sch002 The transitional periods
s.sch002 (1) The Privy Council may by order provide for the...
s.sch002 (1) The Privy Council may by order provide for the...
s.sch002 An order made under paragraph 20(1)(a) or 21(1)(a) may be...
s.sch002 An order made under paragraph 20(1)(a) or 21(1)(a) may apply...
s.sch002 (1) The contract of employment of an employee transferred under...
s.sch002 (1) An order made under paragraph 20(1)(b) or 21(1)(b) may...
s.sch002 The Members
s.sch002 Tenure of members
s.sch002 Where a member ceases to be a member, the Privy...
s.sch002 The Privy Council shall determine the duration ... of the...
s.sch002 Election Scheme
s.sch002 Appointment of first President
s.sch002 The register
s.sch002a VISITING MIDWIVES, AND CERTAIN VISITING NURSES, FROM RELEVANT EUROPEAN STATES
s.sch002a Application and interpretation
s.sch002a In this Schedule— (a) a “ visiting practitioner ” means...
s.sch002a Registration in respect of provision of occasional nursing services or occasional midwifery services
s.sch002a Entitlement to provide occasional nursing services or occasional midwifery services: first year
s.sch002a First provision of services: required documents
s.sch002a (1) Subject to sub-paragraph (3), the evidence referred to in...
s.sch002a Entitlement to provide occasional nursing services or occasional midwifery services after first year: renewals
s.sch002a Duration of entitlement to provide occasional nursing services or occasional midwifery services
s.sch002a Conditions
s.sch002b Directive 2005/36/EC : European professional card
s.sch002b Introductory
s.sch002b European professional cards for establishment in a host State other than the United Kingdom
s.sch002b Issue of European professional card for establishment in the United Kingdom
s.sch002b Issue of European professional card for the provision of occasional nursing services in a host State other than the United Kingdom
s.sch002b Variation of a European professional card for the provision of occasional nursing services in a host State other than the United Kingdom
s.sch002b Requirement to register: establishment cases
s.sch002b Entitlement to registration: provision of occasional nursing services
s.sch002b Conditions in relation to fitness to practise: providers of occasional nursing services
s.sch002b Interpretation
s.sch002b Council not to request resubmission of valid documents
s.sch002b Power to revoke a European professional card
s.sch002b Rectification of the European professional card or the IMI file
s.sch002b Duty to give reasons and to notify of right of appeal
s.sch002b Updating the IMI file: disciplinary actions or criminal sanctions
s.sch002b Access to data
s.sch002b Processing data
s.sch005 Schedule 5 para.1
s.sch005 Schedule 5 para.10
s.sch005 Schedule 5 para.11
s.sch005 Schedule 5 para.12
s.sch005 Schedule 5 para.13
s.sch005 Schedule 5 para.14
s.sch005 Schedule 5 para.15
s.sch005 Schedule 5 para.16
s.sch005 Schedule 5 para.17
s.sch005 Schedule 5 para.2
s.sch005 The Fair Trading Act 1973 (c. 41)
s.sch005 Schedule 5 para.4
s.sch005 Schedule 5 para.5
s.sch005 National Health Service Act 1977 (c. 49)
s.sch005 Schedule 5 para.7
s.sch005 Schedule 5 para.8
s.sch005 Schedule 5 para.9

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