It could take almost two years to overturn the ruling which bans the Nursing and Midwifery Council (NMC) from striking off nurses for incompetence.
Last weekNursing in Practice reported that the NMC will no longer be able to remove a nurse from the register for lack of competence or health issues if they have been suspended for at least two years beforehand.
The NMC is currently in discussion with the Department of Health about this issue, aiming to update its statutory powers.
However, it is unlikely any changes could be made before 2015.
The regulator had been advising its fitness to practice panels since February that they could not legally remove nurses and midwives found to be incompetent from the register.