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Statutory Instrument 2004 No. 1766European Nursing and Midwifery Qualifications Designation Order of Council 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 1766HEALTH CARE AND ASSOCIATED PROFESSIONSNURSES AND MIDWIVESEuropean Nursing and Midwifery Qualifications Designation Order of Council 2004
Their Lordships, in exercise of powers conferred on them by article 14(1) of the Nursing and Midwifery Order 2001[1], and of all other powers enabling them in that behalf, hereby make the following Order of Council: - Citation and commencement 1.This Order may be cited as the European Nursing and Midwifery Qualifications Designation Order of Council 2004 and shall come into force on 1st August 2004. Interpretation 2. - (1) In this Order -
(2) In this Order "a competent authority certificate" means a certificate issued by a competent authority in an EEA State stating that the person named in the certificate has practised effectively and lawfully as a nurse responsible for general care or, as the case may be, as a midwife for at least three years or, for the purposes of articles 4(4)(b) and 6(4)(b), two years, during the period of five years ending with the date of issue of the certificate.
(b) "the date of entry into force" of the Midwifery Directive; or (c) "the relevant date" in connection with the Midwifery Directive, is a reference to the date set out in Column 2, 3 or 4 as appropriate opposite the relevant State in Column 1 in the table in Schedule 1. Qualifications in respect of which a diploma specified in Schedule 2 is awarded on or after the implementation date or relevant date 3. - (1) Subject to article 11 (transitional provision for Spanish midwifery qualifications) and paragraph (2), a professional qualification in respect of which a diploma specified in Part 1 (nursing diplomas) or Part 2 (midwifery diplomas) of Schedule 2 is awarded in an EEA State -
(b) in the case of a midwifery qualification, on or after the relevant date, is hereby designated as being an approved qualification for the purposes of registration.
(b) where the diploma is required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued, shall be an approved qualification for the purposes of registration if it is accompanied by an Article 4 certificate relating to the holder.
(b) in the case of a midwifery qualification, before the relevant date, shall be an approved qualification for the purposes of registration.
(ii) in the case of a midwifery qualification, in Article 1 of the second Midwifery Directive (minimum standards of training for midwives), subject also in the case of a midwifery qualification to paragraphs (3) and (4); or (3) A midwifery qualification referred to in paragraph (1) -
(b) where the diploma -
(ii) would be required to be so recognised if it had been awarded on or after the date of entry into force of the Midwifery Directive, shall be an approved qualification for the purposes of registration if the requirement set out in paragraph (4) is satisfied. (4) The requirement referred to in paragraph (3) is that a diploma referred to in that paragraph must be accompanied by -
(b) if the diploma was awarded before the date of entry into force of the Midwifery Directive, a competent authority certificate relating to the holder. Qualifications in respect of which a diploma not specified in Schedule 2 is awarded before the implementation date or relevant date in respect of training which does not comply with Directive requirements
(ii) in respect of training which does not comply with the requirements of Article 1 of the second Nursing Directive (minimum standards of training for nurses); or (b) a midwifery diploma which is not specified in Part 2 of Schedule 2 and is awarded -
(ii) in respect of training which does not comply with the requirements of Article 1 of the second Midwifery Directive (minimum standards of training for midwives). Qualifications in respect of which a diploma not specified in Schedule 2 is awarded in respect of training which complies with Directive requirements
(b) is accompanied by a certificate issued by the competent authority of the State which awarded the diploma to the effect that the latter -
(ii) is treated by that State as if it were a qualification in respect of which a diploma is listed, in relation to that State, in the Annex to the Nursing Directive or, as the case may be, the Annex to the Midwifery Directive. (3) Paragraph (4) applies to a midwifery qualification in respect of which a midwife holds a diploma referred to in paragraph (1) which -
(b) would be required to be so recognised if it had been awarded on or after the date of entry into force of the Midwifery Directive. (4) A midwifery qualification referred to in paragraph (3) shall be an approved qualification for the purposes of registration only if the diploma referred to in paragraph (2) is accompanied by -
(b) if the diploma was awarded before the date of entry into force of the Midwifery Directive, a competent authority certificate relating to the holder. Qualifications awarded in Poland before the implementation date or relevant date, or awarded in respect of nursing or midwifery training begun before those dates which do not comply with Directive requirements
(b) in the case of a midwifery qualification, before the relevant date, or on or after that date in respect of training begun before that date. (2) A qualification referred to in paragraph (1) shall be an approved qualification for the purposes of registration only if the requirements of paragraph (3) are satisfied.
(b) in the case of a person holding the diploma of nurse (dyplom pielęgniarki albo pielęgniarki dyplomowanej) or the diploma of midwife (dyplom połoznej) with post-secondary education obtained from a medical vocational school, at least five consecutive years during the period of seven years ending with the date of issue of the certificate, and the period of practice specified in either sub-paragraph (a) or (b) in relation to a person holding the diploma of bachelor of nursing or the diploma of nurse must have included taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient.
(b) commenced before 3rd October 1990, shall be an approved qualification for the purposes of registration.
(ii) in the case of a midwifery qualification, in Article 1 of the second Midwifery Directive (minimum standards of training for midwives), subject also in the case of a midwifery qualification to paragraphs (3) and (4); and (3) A midwifery qualification referred to in paragraph (1) -
(b) where the diploma would, if it had been awarded in respect of training which commenced on or after 3rd October 1990, be required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder had undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive has been issued, shall be an approved qualification for the purposes of registration if the requirement set out in paragraph (4) is satisfied.
(b) commenced before 3rd October 1990; but (c) does not comply with the requirements laid down -
(ii) in the case of a midwifery qualification, in Article 1 of the Second Midwifery Directive (minimum standards of training for midwives), shall be an approved qualification for the purposes of registration. (2) The qualification of which the diploma referred to in paragraph (1) is evidence must be such as to entitle the holder to practise anywhere in Germany as a nurse responsible for general care or, as the case may be, a midwife on the same conditions as the holder of a qualification evidenced by a diploma listed under the heading "Germany" in Part 1 (nursing diplomas) or, as the case may be, Part 2 (midwifery diplomas) of Schedule 2.
(b) was awarded by the State or former State specified in column (a) of the table below before the date specified in the corresponding entry in column (b), shall be an approved qualification for the purposes of registration.
(2) The diploma referred to in paragraph (1) shall -
(b) the certificate referred to in sub-paragraph (a) shall be accompanied by an attestation from that competent authority to the effect that the diploma has, on its territory, the same legal validity as regards access to, and practice of, the profession concerned as the qualification listed in relation to that State in Part 1 of Schedule 2 or, as the case may be, Part 2 of Schedule 2. Transitional provision for Spanish midwifery qualifications
(b) is accompanied by -
(ii) if the training does not satisfy the requirements laid down in Article 1 of the second Midwifery Directive, a competent authority certificate. (3) A qualification referred to in paragraph (1) -
(b) where the diploma is required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued, shall be an approved qualification for the purposes of registration if the requirement in paragraph (4) is satisfied.
(b) if the diploma was awarded before 1st January 1986, a competent authority certificate relating to the holder.
         (This note is not part of the Order) This Order of Council is made by the Privy Council under the Nursing and Midwifery Order 2001 and replaces the EEC Nursing and Midwifery Qualifications Designation Order 1996 as amended which was made by the Secretary of State under the Nurses, Midwives and Health Visitors Act 1979 and which continued in existence under the Nurses, Midwives and Health Visitors Act 1997. In accordance with article 14 of the Nursing and Midwifery Order 2001 and Directives 77/452/EEC ("the Nursing Directive") (Articles 2, 4, 4a and 18b and the Annex) and 80/154/EEC ("the Midwifery Directive") (Articles 2, 4, 5 and 19b and the Annex) as amended, it designates nursing and midwifery qualifications awarded in other EU States as being approved qualifications for the purposes of registration in the register maintained by the Nursing and Midwifery Council. By virtue of the Agreement on the European Economic Area the provisions of these Directives apply to qualifications awarded in Iceland, Norway and Liechtenstein which are also designated. In accordance with the Agreement between the European Community, and its Member States, and the Swiss Confederation, qualifications awarded in Switzerland are also designated. Article 3 relates to the designation of a qualification awarded after the specified date by an EEA State (which, in this note, includes Switzerland) which satisfies the training requirements of Directive 77/453/EEC ("the second Nursing Directive") or 80/155/EEC ("the second Midwifery Directive") and is listed in the Annex to Directive 77/452/EEC or 80/154/EEC. Article 4 relates to the designation of a qualification listed in the Annex to Directive 77/452/EEC or 80/154/EEC awarded before the specified date, or in respect of nursing training begun before that date, if it satisfies the training requirements of the relevant Directive or is accompanied by a certificate confirming that the holder has practised effectively and lawfully for the period stated in it. Article 5 of the Order relates to the designation of a qualification which is not listed in the Annex to Directive 77/452/EEC or 80/154/EEC which was awarded before, or in respect of training begun before, the relevant date and which does not satisfy the training requirements of the relevant Directive but is accompanied by a certificate confirming that the holder has practised effectively and lawfully for the period stated in it. Article 6 relates to the designation of a qualification which is not listed in the Annex to Directive 77/452/EEC or 80/154/EEC but which satisfies the training requirements of the relevant Directive and which is treated by the State which awarded it as if it were a listed qualification. Article 7 relates to the designation of a qualification awarded in Poland before the specified date which does not satisfy the training requirements of the relevant Directive provided it is accompanied by a certificate confirming that the holder has practised effectively and lawfully for the period set out in article 7(3). Articles 8 and 9 relate to the designation of qualifications arising out of training received in the former German Democratic Republic. Article 8 relates to a qualification not listed in the Annex to Directive 77/452/EEC or 80/155/EEC but which satisfies the training requirements of the relevant Directive and which is accompanied by a certificate confirming that the holder is entitled to practise in Germany as if he held a qualification listed in the Annex. Article 9 relates to a qualification which does not satisfy the training requirements of the relevant Directive but which entitles the holder to practise on the same conditions as a holder of a listed qualification and which is accompanied by a certificate confirming that he has practised effectively and lawfully for the time stated in it. Article 10 relates to the designation of a qualification awarded by, or following training in, the former Czechoslovakia, the former Soviet Union or Yugoslavia which is accompanied by a certificate confirming that the holder has practised effectively and lawfully for at least three consecutive years out of the five years preceding the award of the qualification and an attestation that the qualification has the same legal validity in respect of access to and practice of the profession concerned as a qualification listed in the Directive. Article 11 contains a transitional provision in relation to midwifery qualifications awarded in Spain following training which began before 1st January 1986 which are accompanied by a certificate confirming that the qualification satisfies Directive training requirements or, if it does not, that the holder has practised effectively and lawfully for the period stated in it. Some midwifery qualifications awarded after shorter training which nevertheless satisfy the Directive requirements must be accompanied by a certificate issued in accordance with Articles 2 and 4 of Directive 80/154/EEC confirming that the midwife has practised satisfactorily. This is provided for in articles 3(2); 4(3)(b)(i) and (4)(a); 6(3)(a) and (4)(a); 11(3)(b) and (4)(a). Where the qualification is awarded before the coming into force of Directive 80/154/EEC it must be accompanied instead by a certificate confirming that the holder has practised effectively and lawfully for the period stated in it as is provided for in articles 4(3)(b)(ii) and (4)(b); 6(3)(b) and (4)(b); 8(3)(b) and (4); and 11(3)(b) and (4)(b). (the expressions "the Nursing Directive", "the second Nursing Directive", "the Midwifery Directive" and "the second Midwifery Directive" are defined in Schedule 4 of the Nursing and Midwifery Order 2001 as amended by S.I. 2003/3148). Notes: [1]S.I.2002/253.back [2]Definitions of the Nursing Directive, second Nursing Directive, Midwifery Directive and second Midwifery Directive are contained in Schedule 4 to the Nursing and Midwifery Order 2001 as amended by S.I.2003/3148.back ISBN0 11 049544 6 -- Back --
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