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Nurses, Midwives and Health Visitors Act 1979

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Version Superseded: 31/12/1996

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22B Visiting EEC nurses and midwives.U.K.

(1)In this Act “visiting EEC nurse” and “visiting EEC midwife” means a person who—

(a)is a national of any member State, and

(b)is lawfully practising in a member State other than the United Kingdom as a nurse responsible for general care or, as the case may be, as a midwife, and

(c)holds the appropriate diploma, and

(d)is temporarily in the United Kingdom as a visitor, and

(e)provides the Council with the relevant documents.

(2)A visiting EEC nurse and a visiting EEC midwife shall provide the Council with the relevant documents before he provides any services as a nurse or midwife in the United Kingdom except that, in a case of sudden or urgent necessity, a nurse may provide the documents as soon as possible after he has provided his services as a nurse.

This subsection is without prejudice to section 17(3)(a).

(3)For the purposes of this Act “the appropriate diploma” means a diploma, certificate or other evidence of formal qualifications which member States are required to recognize in the case of a nurse, by the Nursing Directive or, in the case of a midwife, by the Midwifery Directive.

(4)For the purposes of this Act “relevant documents”, in relation to any person means—

(a)a written declaration stating—

(i)that he is intending to practise in the United Kingdom as a nurse responsible for general care or, as the case may be, as a midwife, and

(ii)the address of the place where and the period during which he intends so to practise, and

(b)a certificate or certificates issued, not more than twelve months before the date on which the Council is provided with the relevant documents, by the competent authority of the member State in which he is practising as mentioned in subsection (1)(b) certifying—

(i)that he is lawfully practising as a nurse responsible for general care or, as the case may be, as a midwife in that State; and

(ii)that he holds an appropriate diploma.

(5)For the purposes of this Act—

(a)competent authority” in relation to a member State means the authority or body designated by that member State as competent for the purposes of the Nursing Directive, or, as the case may be, the Midwifery Directive;

(b)Nursing Directive” means the European Communities Council Directive No. 77/452/EEC, concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care; and

(c)Midwifery Directive” means the European Communities Council Directive No. 80/154/EEC, concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of midwives;

and “national” shall be construed in accordance with section 11(5).

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