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NURSES AND MIDWIVES ACT (NORTHERN IRELAND) 1970 - SECT 47

Assessors in disciplinary etc. proceedings.

47.(1) In all proceedings before the Disciplinary Committee relating to the
removal of a person from the register, the roll of nurses,
the roll of midwives or the list for disciplinary reasons there shall, for the
purpose of advising the Disciplinary Committee on questions of law arising in
the proceedings, be an assessor to that Committee.

(2) The Disciplinary Committee may determine that an assessor under this
section shall be present at any proceedings before it relating to the
restoration of a person to the register, the roll of nurses,
the roll of midwives or the list.

(3) The Disciplinary Committee shall appoint as assessor under this section a
barrister or solicitor of not less than ten years' standing.

(4) The Lord Chief Justice may make rules as to the functions of assessors
appointed under this section; and, in particular, rules under this section may
contain provisions for securing

(a)that where an assessor advises the Disciplinary Committee on any question
of law as to evidence, procedure or any other matters specified by the rules,
he shall do so in the presence of every party, or person representing a party,
to the proceedings or, if the advice is tendered while the Committee is
deliberating in private, that every such party or person shall be informed of
the advice the assessor has tendered;

(b)if in any case the Disciplinary Committee does not accept the advice of the
assessor on any such question, that every such party or person as aforesaid
shall be informed,

(5) Subject to the provisions of this section, an assessor under this section
may be appointed either generally or for any particular proceedings or class
of proceedings, and shall hold and vacate office in accordance with the terms
of the instrument under which he is appointed.

(6) The Council may pay to an assessor appointed under this section
remuneration at such rates as it may, with the consent of the Lord Chief
Justice, determine.

(7) The reference in subsection (1) to the removal of a person from
the register, the roll of nurses, the roll of midwives or the list for
disciplinary reasons is a reference to his removal therefrom on grounds which
involve the commission by him of a criminal offence, or any misconduct on his
part not constituting such an offence, or on the ground that the entry of his
name thereon was procured by fraud.

Fees.



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© 1970 Crown Copyright

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