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NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 46

Procedure of Disciplinary Committee.

46.(1) The Council shall make rules

(a)specifying in relation to the Disciplinary Committee

(i)the times and places of meetings;

(ii)the mode of summoning members;

<(iii)the quorum of the committee;


<(iv)the procedure to be followed; and


(v)the rules of evidence to be observed in proceedings before it;

(b)requiring that before any matter is referred to the Disciplinary Committee,
it shall be brought, in such manner as may be provided by the rules, before
and investigated by a committee of the Council (in this section referred to as
the Investigating Committee) constituted in accordance with the rules;

(c)securing that a person who has acted in relation to any matter as a member
of the Investigating Committee shall not act in relation to that matter as a
member of the Disciplinary Committee;

(d)securing that notice that the proceedings are to be brought shall be
served, at such time and in such manner as may be specified in the rules, on
the person to whom the proceedings relate;

(e)securing that any party to the proceedings shall, if he so requires, be
entitled to be heard by the Disciplinary Committee; and

(f)enabling any party to the proceedings to be represented by counsel or
solicitor or, if the party so elects, by a person of such other description as
may be specified in the rules.

(2) For the purposes of any proceedings before the Disciplinary Committee
relating to the removal of a person from, or his restoration to, the register,
the roll of nurses, the roll of midwives or the list

(a)the Disciplinary Committee may administer oaths; and

(b)any solicitor to the Disciplinary Committee, and any person entitled to
appear at the proceedings, may sue out writs of subpoena ad testificandum and
duces tecum,

(3) [Section 67 of the Judicature (Northern Ireland) Act 1978] (which provides
a special procedure for the issue of such writs so as to be in force
throughout the United Kingdom) shall apply in relation to any proceedings
relating to the removal of a person from, or his restoration to, the register,
the roll of nurses or the list as it applies in relation to actions pending in
the Supreme Court.


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© 1970 Crown Copyright

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