SCHEDULE
Article 2
The Nursing and Midwifery Council (Fitness to Practise) (Education, Registration and Registration Appeals) (Amendment) Rules 2014
The Nursing and Midwifery Council makes the following Rules in exercise of the powers conferred under articles 7(1) and (2), 9(1) and (2), 10(1), 12A(4) to (7), 22(5), 26(2) to (5), 26A(1), 26B, 26C(1), 37(4) and (5) and 47(2) of the Nursing and Midwifery Order 2001, having consulted in accordance with article 47(3) of that Order.
PART I
Preliminaries
1. Citation and commencement
These Rules may be cited as the Nursing and Midwifery Council (Fitness to Practise) (Education, Registration and Registration Appeals) (Amendment) Rules 2014 and come into force on 9th March 2015.
PART II
Amendment of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004
2. The Nursing and Midwifery Council (Fitness to Practise) Rules 20042are amended as follows.
3. In rule 2 (interpretation)3at the appropriate place in the alphabetical order insert—
““Case Examiner” means a professional or lay officer of the Council appointed by the Registrar for the purposes of exercising the functions of the Investigating Committee in accordance with article 26A of the Order, and “Case Examiners” means the professional and lay Case Examiner to whom an allegation is referred under rule 2A(2) and includes any replacement Case Examiner appointed by the Registrar;”;
“lay”, in relation to a Case Examiner, means a person who—
(a) is not and never has been a registered nurse or midwife (and article 5(5) does not apply for these purposes);
(b) is not and never has been a registered medical practitioner; and
(c) does not hold qualifications which would entitle them to apply for registration as a registered nurse, a registered midwife or a registered medical practitioner;
“professional”, in relation to a Case Examiner, means a registered nurse or midwife;”.
4. In Part 2 (Investigating Committee), for the heading “Investigating Committee” substitute “Investigation of Allegations”.
5. Before rule 3 (notice provisions) insert—
“Initial consideration of allegations
2A.—(1) Where the Registrar considers that an allegation falls within article 22(1)(b) of the Order, the Registrar must refer the allegation to the Investigating Committee for consideration under rule 5.
(2) Where the Registrar considers that an allegation falls within article 22(1)(a) of the Order, the Registrar must refer the allegation to the Case Examiners for consideration under rule 6C.
(3) Where the Registrar considers that an allegation does not fall within article 22(1)(a) of the Order, the Registrar must notify the maker of the allegation (if any).
(4) The Registrar may carry out any investigations as in the Registrar’s opinion are appropriate to the consideration of—
(a)
(a) whether or not the allegation falls within article 22(1)(a) of the Order;
(b)
(b) whether or not the allegation falls within article 22(1)(b) of the Order;
(c)
(c) the registrant’s fitness to practise; or
(d)
(d) the registrant’s entry in the register.”.
6. In rule 34—
(a) for the heading substitute “Notice of allegations of fraudulent or incorrect entries in the register”;
(b) for paragraph (1) substitute—
“1 Where an allegation is referred under rule 2A(1), the Registrar shall, in accordance with article 26(2)(a) of the Order, notify the registrant of any allegation referred to the Investigating Committee, by serving a notice of referral upon her.”;
(c) in paragraph (2)(b) for “Council” substitute “Registrar”;
(d) after paragraph (2)(d) add—
“(e)
“(e) invite the registrant to inform the Registrar within 28 days from the date of service of the notice of referral if the registrant wishes the allegation to be considered at a hearing.”;
(e) after paragraph (2) add—
“3 The Registrar shall give notice of the referral made under paragraph 2A(1) to the following—
(a) where known, the registrant’s employer or any other person with whom the registrant has an arrangement to provide services in, or in relation to, nursing or midwifery;
(b) where known, any other body by which the registrant is authorised to practise a health or social care profession;
(c) the Secretary of State, the Scottish Ministers, the National Assembly for Wales and the Department of Health, Social Services and Public Safety in Northern Ireland; and
(d) where the registrant is a practising midwife, the midwife’s local supervising authority.”.
7. Omit rule 4 (procedure of the Investigating Committee where the allegation relates to impairment of fitness to practise)5.
8. For rule 5 (procedure of the Investigating Committee where the allegation relates to a fraudulent or incorrect entry in the register)6substitute—
“Procedure of the Investigating Committee where the allegation relates to a fraudulent or incorrect entry in the register
5.—(1) Where—
(a)
(a) the registrant asks for a hearing within the period specified in rule 3(2)(e); or
(b)
(b) the Registrar considers that a hearing is desirable,
the Investigating Committee must consider the allegation at a hearing.
(2) Where a hearing is to be held pursuant to paragraph (1), the Registrar must send a notice to the registrant no later than 28 days before the date fixed for the hearing.
(3) The notice of hearing must—
(a)
(a) inform the registrant of the date, time and venue of the hearing;
(b)
(b) contain a charge particularising the allegation, and the alleged facts upon which the allegation is based;
(c)
(c) inform the registrant of the registrant’s right to attend, and to be represented at, the hearing in accordance with rule 20;
(d)
(d) inform the registrant of the Committee’s power to proceed with the hearing in the registrant’s absence;
(e)
(e) inform the registrant of the registrant’s right to adduce evidence in accordance with rule 31;
(f)
(f) inform the registrant of the registrant’s right to call witnesses, and to cross examine any witnesses called by the Council or by the Committee;
(g)
(g) require the registrant to inform the Council, within 14 days of receipt of the notice, whether the registrant intends to—
(i) attend the hearing,
(ii) be represented at the hearing;
(h)
(h) inform the registrant of the Committee’s power to impose an interim order under article 26(11) of the Order; and
(i)
(i) inform the registrant of the action the Committee may take under article 26(2)(d)(ii), (7) and (8) of the Order.
(4) Where a hearing is to be held pursuant to paragraph (1), the Investigating Committee—
(a)
(a) may hold a preliminary meeting in accordance with rule 18; and
(b)
(b) must determine the matter in accordance with the procedure set out in Part 5 of these Rules, and must dispose of the matter in accordance with article 26(2)(d)(ii), (7), (8) and (11) of the Order.
(5) Where the registrant has not requested a hearing and the Registrar considers that no hearing is necessary—
(a)
(a) the Registrar must invite any person who, in the Registrar’s opinion, has an interest in the proceedings to submit written representations within such time as the Registrar may direct; and
(b)
(b) the Investigating Committee shall meet in private and, notwithstanding the absence of any representations invited in accordance with sub-paragraph (a), dispose of the matter in accordance with article 26(2)(d)(ii), (7), (8) and (11) of the Order.
(6) The Registrar must notify, in writing, the registrant and the person making the allegation (if any) of the Investigating Committee’s decision together with its reasons.”.
9. Omit rule 6 (notice of decision)7.
10. After rule 6 insert—
“Notice of fitness to practise allegations
6A.—(1) Where an allegation is referred to Case Examiners under rule 2A(2), the Registrar must notify the registrant of that allegation and referral by serving a notice of referral on the registrant.
(2) The notice of referral must—
(a)
(a) be accompanied by any documents relating to the allegation that have not previously been disclosed to the registrant by the Council or a Practice Committee;
(b)
(b) invite the registrant to make written...
