hi im a student nurse too, in final year.
I'm sure your pass your next sit, it will be caped at 40. but try our best with it. you can not practice until uni passes and you get your pin, i exspect that will most likely be jan. Once you pass all elements, you get recommended to the nmc, and then an email inviting you to pay. then you give the nmc 120 pounds. and wait for pin. until the pin comes yo can not work as a band 5 nurse. however some trusts will let you work as a band 2 while you wait for the pin to come through.
have you passed all other elements, including the maths part? your get there.
its loverly to meet you, take a deep breath and focus. you can do this. You know failing helps you discover the strengths of your character as you fight for what you want. plus too in the future your be a better supperviser as your understand what it feels like to fail and be able to reassure students, and help rebuild their confidence.
but in answer to your query, yes its legal, its a legal requirement to practice that we pass all theory and practice. As per the nmc.
sorry