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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Council for Health Care Regulatory Excellence v A Decision of the Conduct & Competence Committee of the Nursing & Midwifery Council [2012] ScotCS CSIH_24 (01 March 2012)
URL: http://www.bailii.org/scot/cases/ScotCS/2012/2012CSIH24.html
Cite as: [2012] ScotCS CSIH_24
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EXTRA DIVISION, INNER HOUSE, COURT OF SESSION
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Lady PatonLord HardieLord Wheatley
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[2012] CSIH 24XA2/12
OPINION OF THE COURT
delivered by LADY PATON
in appeal
by
THE COUNCIL FOR HEALTH CARE REGULATORY EXCELLENCE
Appellant;
against
A decision of the Conduct and Competence Committee of the Nursing and Midwifery Council dated 2 December 2011 in the case of Margaret Mathieson Harley, Registered Nurse
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Appellant: O'Neill, Solicitor Advocate; Brodies LLP
First respondent (NMC): No appearance
Second respondent (Miss Harley): No appearance
1 March 2012
[1] Miss Harley's registration lapsed shortly
after the decision of the Conduct and Competence Committee on 2 December 2011. Accordingly if this
court were to remit the case back to the NMC, there could be no further
proceedings in that forum as there would be no registrant. That being
so, this court has concerns about exercising a power to impose a sanction which
would now be incompetent for the NMC itself to impose. In that context, Miss
O'Neill high-lighted an apparent defect in The Nursing and Midwifery Council
(Education, Registration and Registration Appeals) Rules Order of Council 2004
(SI 2004/1767), in particular in paragraph 6(6), which should perhaps be
followed up.
[2] In the result, we are persuaded that we
should, in terms of section 29(8)(b) and (c) of the National Health Service
Reform and Health Care Professions Act 2002, allow the appeal, quash the
decision complained of, and substitute therefor a finding of impairment of
fitness to practice.