The Nursing and Midwifery Council (Constitution) Order 2008
| Jurisdiction | UK Non-devolved |
2008 No. 2553
Health Care And Associated ProfessionsNurses And Midwives
The Nursing and Midwifery Council (Constitution) Order 2008
Made 29th September 2008
Laid before Parliament 6th October 2008
Coming into force in accordance with article 1(1)
At the Council Chamber, Whitehall, the 29th day of September 2008
By the Lords of Her Majesty’s Most Honourable Privy Council
Their Lordships make the following Order in exercise of the powers conferred by article 3(7A) of, and paragraph 1B of Schedule 1 to, the Nursing and Midwifery Order 20011.
PART 1
Introductory
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Nursing and Midwifery Council (Constitution) Order 2008 and—
(a)
(a) apart from article 5(h), comes into force on 1st January 2009;
(b)
(b) article 5(h) comes into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 20062(registers: power to apply for vetting information).
(2) In this Order—
“chair” means the chair of the Council;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings—
(a) once the period for bringing an appeal has expired without an appeal being brought; or
(b) if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“licensing body” means—
(a) any body, other than the Council, anywhere in the world that licenses or regulates any profession;
(b) any body that regulated registered nurses or registered midwives before the Council;
“member”, unless the context otherwise requires, means a registrant member or a lay member and includes the chair;
“the principal Order” means the Nursing and Midwifery Order 2001; and
“spent conviction” means—
(a) in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 19743; or
(b) in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 19784.
PART 2
Membership of the Council
Composition of the Council
2. The Council shall consist of 7 registrant members and 7 lay members.
Terms of office of members
3.—(1) The duration of the term of office of each member of the Council shall be determined by the Privy Council, on appointment.
(2) No member of the Council may hold office as a member of the Council for more than an aggregate of 6 years.
(3) For the purposes of the computation of years under paragraph (2)—
(a)
(a) service as a member of the Council before 31st July 2006, of whatever duration, is to be treated as service for an aggregate of 3 years; and
(b)
(b) service as a member of the Council between 31st July 2006 and the end of 31st December 2008, of whatever duration, is to be treated as service for an aggregate of 3 years.
Education and training of members
4. The Council shall make provision in standing orders with respect to the requirements with regard to education and training of members of the Council, and those standing orders may provide for—
(a) that education and training to be the responsibility of another body; and
(b) those requirements to be set and varied by that body from time to time.
Disqualification from appointment as a member
5. A person is disqualified from appointment as a member of the Council if that person—
(a) has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;
(b) has at any time been convicted of an offence in the United Kingdom, and—
(i) the final outcome of the proceedings was a sentence of imprisonment or detention, and
(ii) the conviction is not a spent conviction;
(c) has at any time been removed—
(i) from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity—
(aa) for which the person was responsible or to which the person was privy, or
(bb) which the person by their conduct contributed to or facilitated, or
(ii) under—
(aa) section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 19905(powers of Court of Session to deal with management of charities), or
(bb) section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 20056(powers of the Court of Session),
from being concerned with the management or control of any body;
(d) has at any time been removed from office as the chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;
(e) at any time has been adjudged bankrupt or sequestration of the person’s estate has been awarded, and—
(i) the person has not been discharged, or
(ii) the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 19867(bankruptcy restrictions order and undertaking);
(f) has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;
(g) is subject to—
(i) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 19868,
(ii) a disqualification order under Part II of the Companies (Northern Ireland) Order 19869,
(iii) a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 200210, or
(iv) an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order);
(h) has been included by—
(i) the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 200611or the Safeguarding Vulnerable Groups (Northern Ireland) Order 200712), or
(ii) the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 200713);
(i) has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was—
(i) the person’s erasure from a register held by the licensing body or a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body,
(ii) the person’s suspension from a register held by the licensing body, and that suspension has not been terminated, or
(iii) a decision that had the effect of only allowing the person to practise that profession subject to conditions, and those conditions have not been lifted;
(j) has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by the Council, or by any body that regulated registered nurses or registered midwives before the Council, in the course of which or where the final outcome has been that—
(i) the person has been removed from or struck off the register (for a reason connected to the person’s fitness to practise),
(ii) the person’s registration in the register has been suspended (including by an interim suspension order) and that suspension has not been terminated,
(iii) the person’s registration in the register has been made conditional upon their compliance with any requirement (including an interim conditions of practice order) and that requirement has not been lifted, or
(iv) the person’s registration in the register has been annotated by virtue of a caution order and that order is still in force;
(k) has at any time been subject to any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured, the final outcome of which was the removal of the person’s entry in the register;
(l) is or has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by—
(i) any licensing body, or
(ii) the Council,
and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of the nursing and midwifery professions; or
(m) has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of the nursing and midwifery professions.
Removal of members from office
6.—(1) A member shall be removed from office by the Privy Council, if—
(a)
(a) the member resigns, which a member may do at any time by a notice in writing to the Privy Council;
(b)
(b) in the case of—
(i) a registrant member, that member’s registration becomes lapsed, or
(ii) a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1A(1)(b) of Schedule 1 to the principal Order14(membership: general);
(c)
(c) the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (h) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);
(d)
(d) the member...
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