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NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 20A

Registration of nurses with Community nursing qualifications.

20A.(1) A national of a member State who

(a)holds one or more of the European nursing qualifications specified in
Schedule 1A to this Act, having obtained them on or after the date on which
the member State in which they were obtained implemented
the First Nursing Directive; or

(b)subject to subsection (4) below, holds any nursing qualifications obtained
in a member State before it implemented the First Nursing Directive,

(2) For the purposes of subsection (1) above a member State is to be regarded
as having implemented the First Nursing Directive on the date notified to the
Commission as that on which it did so.

(3) An application for registration shall be made to the Council and shall be
accompanied by

(a)a certificate issued by the competent authority of the member State in
which the qualifications were obtained or in which the applicant has been
rendering nursing services attesting that the applicant meets the requirements
of the member State as to good character or good repute for taking up the
activity for which he is qualified; or

(b)where the member State has no such requirements, either an extract from the
judicial record relating to the applicant or an equivalent document, issued by
the competent authority of the member State.

(4) Where an application is made by a person falling within subsection (1)(b)
above, either

(a)the Council must be satisfied (by means of a certificate of the
competent authority of the member State in which the qualifications were
obtained, or otherwise) that they accord with the standards laid down by
the Second Nursing Directive; or

(b)evidence of the qualifications must be accompanied by a certificate of the
competent authority of any member State that the holder has lawfully been
rendering nursing services for at least 3 years during the 5 years preceding
the date of the certificate.

(5) The Council shall not accept any certificate or document mentioned in
subsection (3) above if presented more than three months after its date of
issue.

(6) A person who has duly applied for registration in the general part of
the register shall be so registered within three months of the date on which
the Council received all the documents necessary to his application.

(7) In this [and the following] section

"competent authority" means an authority or body designated by a member State
in accordance with the First Nursing Directive;

"member State" means a member State of the Communities;

"national", in relation to a member State, means the same as in the Community
Treaties, but does not include a person who by virtue of Article 2 of Protocol
No.3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not
to benefit from Community provisions relating to the free movement of persons
and services;

"the First Nursing Directive" means 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;

"the Second Nursing Directive" means European Communities Council Directive
No. 77/453/EEC concerning the co-ordination of provisions in respect of
activities of nurses responsible for general care; and

"nursing services" means nursing services of a kind which a person registered
in the general part of the register is qualified to render.][

© 1970 Crown Copyright

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