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13.—(1) For the purposes of this Order a person is to be regarded as having an approved qualification if—
[F1(a)he has a nursing or midwifery qualification awarded in the United Kingdom or a nursing associate qualification awarded in England which has been approved by the Council as attesting to the standard of proficiency it requires for admission to the part of the register in respect of which he is applying; [F2or]]
F3[F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)F6... he has, elsewhere than in the United Kingdom, undergone training in nursing or midwifery [F7or training comparable to that of a nursing associate], and either—
(i)[F8his qualification has been approved by the Council in accordance with article 15(7) as demonstrating the requisite standard of proficiency for admission to the part of the register for which he is applying,
(ii)his qualification has been recognised by the Council as being of a comparable standard to a qualification mentioned in paragraph (1)(a), or
(iii)the Council is satisfied that, following any test of competence that it may require the applicant to take, he has the requisite standard of proficiency for admission to the part of the register in respect of which he is applying;]
[F11(dd)he has, in Northern Ireland, Scotland or Wales undergone training comparable to that of a nursing associate, and either—
(i)the Council is satisfied that his qualification attests to a standard of proficiency comparable to that attested to by a qualification referred to in sub-paragraph (a) required for admission to the nursing associates’ part of the register, or
(ii)the Council is not so satisfied, but the applicant has undergone in the United Kingdom or elsewhere such additional training or experience as satisfies the Council, following any test of competence as it may require him to take, that he has the requisite standard of proficiency for admission to the nursing associates’ part of the register;]
F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F14(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Council [F16may] determine procedures to—
(a)assess whether a qualification awarded outside the United Kingdom is of a comparable standard to a qualification mentioned in paragraph (1)(a) and it shall, where it sees fit, keep a list of qualifications which are of a comparable standard which it shall publish and keep under review; and
(b)assess other training or professional experience acquired outside the United Kingdom and to compare it, together with qualifications mentioned in sub-paragraph (a) where appropriate, with the standard of proficiency required for admission to any part of the register.
[F17(3) A relevant European qualification is to be treated as a qualification as to which the Council is satisfied as mentioned in paragraph [F18(1)(d)(ii)] (and accordingly included in any list kept under paragraph (2)(a)).
(4) In this article “relevant European qualification” means a qualification that falls within article 13AA and has not been designated by the Council for the purposes of this paragraph.
(5) The Council—
(a)may designate a qualification for the purposes of paragraph (4) only with the approval of the Privy Council;
(b)must maintain and publish a list of the qualifications that are so designated.]
[F19(6) In relation to a person holding a relevant European qualification who makes an application under article 9(1), article 9(2)(a) is to be read as if the words after “holds an approved qualification” to the end were omitted.]
Textual Amendments
F1Art. 13(1)(a) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 11(a)
F2Word in art. 13(1)(a) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(a)(i) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 13(1)(b) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(a)(ii) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F4Arts. 13(b)-(f) substituted for art. 13(b)(c) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 162(a)
F5Art. 13(1)(c) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(a)(ii) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in art. 13(1)(d) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(a)(iii)(aa) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in art. 13(1)(d) inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 11(b)
F8Art. 13(1)(d)(i)-(iii) substituted for art. 13(1)(d)(i)(ii) (8.3.2023) by The Dentists, Dental Care Professionals, Nurses, Nursing Associates and Midwives (International Registrations) Order 2023 (S.I. 2023/162), art. 1(2), Sch. 2 para. 2(a)
F9Words in art. 13(1)(d) omitted (18.1.2016) by virtue of The Health Care and Associated Professions (Knowledge of English) Order 2015 (S.I. 2015/806), arts. 1(3), 36; S.I. 2015/1451, art. 4
F10Word in art. 13(1)(d) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(a)(iii)(bb) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F11Art. 13(1)(dd) inserted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 1 para. 11(c)
F12Art. 13(1)(e) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(a)(iv) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F13Art. 13(1)(f) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(a)(iv) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 13(1A) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F15Art. 13(1B) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(b) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 12(3)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F16Word in art. 13(2) substituted (8.3.2023) by The Dentists, Dental Care Professionals, Nurses, Nursing Associates and Midwives (International Registrations) Order 2023 (S.I. 2023/162), art. 1(2), Sch. 2 para. 3
F17Art. 13(3)-(6) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 4 para. 10(c) (with reg. 12A, Sch. 4 Pt. 2) (as amended by S.I. 2020/1394, regs. 1(2), 4, 12(2)-(10)); 2020 c. 1, Sch. 5 para. 1(1)
F18Word in art. 13(3) substituted (8.3.2023) by The Dentists, Dental Care Professionals, Nurses, Nursing Associates and Midwives (International Registrations) Order 2023 (S.I. 2023/162), art. 1(2), Sch. 2 para. 4
F19Art. 13(6) substituted (20.5.2021) by The Nursing and Midwifery (European Qualifications) (Amendment) Regulations 2021 (S.I. 2021/531), regs. 1(1), 2
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