Made | 12th February 2002 | ||
Coming into force | |||
articles 1 and 54(4) | 12th February 2002 | ||
remainder in accordance with article 1(2) |
Article 1 | Citation and commencement |
Article 2 | Interpretation |
Article 3 | The Nursing and Midwifery Council and its Committees |
Article 4 | Registrar |
Article 5 | Establishment and maintenance of register |
Article 6 | Register |
Article 7 | The register: supplemental provisions |
Article 8 | Access to register |
Article 9 | Registration |
Article 10 | Renewal of registration and readmission |
Article 11 | Deemed registration of visiting EEA nurses and midwives |
Article 12 | Lapse of registration |
Article 13 | Approved qualifications |
Article 14 | EEA qualifications |
Article 15 | Education and training |
Article 16 | Visitors |
Article 17 | Information to be given by institutions |
Article 18 | Refusal or withdrawal of approval of courses, qualifications and institutions |
Article 19 | Post-registration training |
Article 20 | Wales |
Article 21 | Council's functions in respect of fitness to practise, ethics and other matters |
Article 22 | Allegations |
Article 23 | Screeners |
Article 24 | Screeners: supplementary provisions |
Article 25 | Council's power to require disclosure of information |
Article 26 | The Investigating Committee |
Article 27 | The Conduct and Competence Committee |
Article 28 | The Health Committee |
Article 29 | Orders of the Health Committee and the Conduct and Competence Committee |
Article 30 | Review of orders by the Health Committee and the Conduct and Competence Committee |
Article 31 | Interim orders by a Practice Committee |
Article 32 | Investigation of allegations: procedural rules |
Article 33 | Restoration to the register of persons who have been struck off |
Article 34 | Legal assessors |
Article 35 | Medical assessors |
Article 36 | Registrant assessors |
Article 37 | Appeals against Registrar's decisions |
Article 38 | Appeals |
Article 39 | Visiting EEA nurses and midwives |
Article 40 | Competent authority for EEA purposes |
Article 41 | The Midwifery Committee |
Article 42 | Rules as to midwifery practice |
Article 43 | Local supervision of midwives |
Article 44 | Offences |
Article 45 | Attendance by unqualified persons at childbirth |
Article 46 | Further provisions |
Article 47 | Rules and orders |
Article 48 | Exercise of powers by the Privy Council |
Article 49 | Default powers of the Privy Council |
Article 50 | Annual Reports |
Article 51 | Finances of the Council |
Article 52 | Accounts of the Council |
Article 53 | Inquiry by the Privy Council |
Article 54 | Supplementary and transitional provisions and extent |
Schedule 1 | Nursing and Midwifery Council and Committees: |
Part I | Nursing and Midwifery Council |
Part II | The Statutory Committees |
Schedule 2 | Transitional provisions |
Schedule 3 | The competent authority for certain EEA purposes |
Schedule 4 | Interpretation |
Schedule 5 | Consequential amendments to primary legislation |
(6) Before making any order under paragraph (3), the Privy Council shall consult the Council.
(7) The Council shall consult the Privy Council, or such person as the Privy Council may designate, at least once in each calendar year on the way in which it proposes to exercise its functions in respect of such period as the Privy Council or the designated person, as the case may be, may specify.
(8) Part I of Schedule 1 shall have effect with respect to the constitution of the Council.
(9) There shall be four committees of the Council, to be known as -
(10) The four committees are referred to in this Order as "the statutory committees".
(11) Each of the statutory committees shall have the functions conferred on it by this Order.
(12) The Council may establish such other committees as it considers appropriate in connection with the discharge of its functions and delegate any of its functions to them, other than any power to make rules.
(13) The Council shall inform and educate registrants, and shall inform the public, about its work.
(14) Before establishing any standards or giving any guidance under this Order the Council shall consult representatives of any group of persons it considers appropriate including, as it sees fit, representatives of -
(15) The Council shall publish any standards it establishes and any guidance it gives.
(16) Paragraphs (14) and (15) do not apply to guidance given to an individual which is particular to him.
(17) Part II of Schedule 1 shall have effect with respect to the statutory committees.
(18) Nothing in this Order shall require or permit any disclosure of information which is prohibited by or under any other enactment.
(3) The Council shall -
(4) The register shall show, in relation to each registrant, such address and other details as the Council may prescribe.
(5) In any enactment or instrument (past or future and including this Order), except where the context otherwise provides, "registered" in relation to nurses and midwives means registered in the register maintained under this article by virtue of qualifications in nursing or midwifery, as the case may be.
Register
6.
- (1) The register shall be divided into such parts as the Privy Council may by order determine, on a proposal by the Council or otherwise, and in this Order, references to parts of the register are to the parts so determined.
(2) Each part shall have a designated title indicative of different qualifications and different kinds of education or training and a registrant is entitled to use the title corresponding to the part of the register in which he is registered.
(3) Subject to article 7, the Privy Council may by order, on a proposal by the Council or otherwise, make such other provision in connection with the register as it considers appropriate and in particular may provide for -
(4) The Privy Council, except where acting in accordance with a proposal made by the Council, shall consult the Council before making, varying or revoking any order under this article.
(5) Before making any proposal referred to in paragraph (1) or (3), the Council shall consult representatives of any group of persons who appear likely to be affected by the proposed order.
The register: supplemental provisions
7.
- (1) The Council shall make rules in connection with registration and the register, and as to the payment of fees.
(2) The rules shall, in particular, make provision as to -
(d) the documentary and other evidence which is to accompany applications of the kind mentioned in sub-paragraph (c).
(3) Before determining or varying any fees mentioned in paragraph (2)(c) the Council shall consult such of those persons mentioned in article 3(14) as it considers appropriate.
Access to register etc.
8.
- (1) The Council shall make the register available for inspection by members of the public at all reasonable times.
(2) The Council shall publish the register maintained by it in such manner, and at such times, as it considers appropriate.
(3) Any copy of, or extract from, the published register shall be evidence (and in Scotland sufficient evidence) of the matters mentioned in it.
(4) A certificate purporting to be signed by the Registrar, certifying that a person -
shall be evidence (and in Scotland sufficient evidence) of the matters certified.
(5) On application by a registrant who wishes to practise in another EEA State, the Council shall provide him with such documentary evidence as is required by the relevant Directive.
Registration
9.
- (1) A person seeking admission to a part of the register must apply to the Council and, subject to the provisions of this Order, if he satisfies the conditions mentioned in paragraph (2) he shall be entitled to be registered in that part.
(2) Subject to paragraph (3), the conditions are that the application is made in the prescribed form and manner and that the applicant -
(b) satisfies the Registrar in accordance with the Council's requirements mentioned in article 5(2) that he is capable of safe and effective practice as a nurse or midwife; and
(c) has paid the prescribed fee.
(3) Where the applicant is already registered in the register and wishes to be registered in an additional part of the register or to have additional entries recorded, paragraph (2)(a) shall apply only to the qualifications on which his application is based.
(4) The Registrar shall give his decision on an application under paragraph (1) as soon as reasonably practicable and in any event within -
(5) The Registrar shall notify the applicant in writing of his decision, and, where that decision is unfavourable to the applicant, of his reasons for reaching that decision and, of the applicant's right of appeal under article 37.
(6) Failure to notify the applicant of the Registrar's decision within the time specified in paragraph (4) shall be treated as a decision from which the applicant may appeal under article 37.
Renewal of registration and readmission
10.
- (1) Where a person is registered and wishes to renew his registration at the end of a prescribed period, he shall make an application for renewal to the Registrar in accordance with rules made by the Council.
(2) The Registrar shall grant the application for renewal if the applicant -
(3) Where an applicant does not satisfy the Registrar that he has met the requirements mentioned in paragraph (2)(b) or (c), the Registrar may renew the applicant's registration on condition that he satisfy those requirements within a specified time and if the person fails to comply with the condition, subject to articles 12(3) and 37(3), his registration shall lapse and, in accordance with prescribed procedure, his name shall be removed from the register.
(4) Where a person's registration has lapsed, he may apply to the Registrar to be readmitted and the Registrar shall grant the application if -
(5) Article 9(4) to (6) shall apply to applications made under this article.
Deemed registration of visiting EEA nurses and midwives
11.
- (1) A visiting EEA nurse may practise as a nurse responsible for general care during the period specified in his relevant documents in pursuance of article 39, and while he is so practising he shall be deemed to be registered as a nurse responsible for general care.
(2) A visiting EEA midwife shall be deemed to be registered as a midwife during the period specified in his relevant documents[5].
Lapse of registration
12.
- (1) The Council may make rules providing for the procedure by which and the circumstances in which a registrant's name may be removed from the register on his own application or after the expiry of a specified period.
(2) Where a person's name is removed in accordance with this article or article 10(3), his registration shall be referred to as lapsed.
(3) Any rules made under paragraph (1) shall provide that a person's registration shall not lapse under this article or under article 10(3) -
Approved qualifications
13.
- (1) For the purposes of this Order a person is to be regarded as having an approved qualification if -
(2) The Council shall determine procedures to -
EEA qualifications
14.
- (1) For the purposes of article 13(1)(b) a qualification is one obtained outside the United Kingdom, to which an EC Directive applies and which the Privy Council has by order designated as being an approved qualification for the purposes of registration in the relevant part of the register.
(2) An order under paragraph (1) may provide -
(3) A person falling within the definition of "exempt person" shall be treated for the purposes of this article and article 13(1)(b) as if he were an EEA national.
(2) So far as is necessary to implement the requirements provided for in the Second Nursing and Second Midwifery Directives, the standards and requirements established under paragraph (1) shall be set out in rules made by the Council.
(3) The standards mentioned in paragraph (1)(a) shall include such matters as the outcomes to be achieved by that education and training.
(4) Before establishing the requirements referred to in paragraph (1) the Council shall consult such of those persons mentioned in article 3(14) as it considers appropriate.
(5) The Council shall -
(6) In performing the function mentioned in paragraph (5)(b) the Council may in particular, approve, or arrange with others to approve -
(7) In connection with paragraph (6), the Council may approve or arrange with others to approve a course of education or training run outside the United Kingdom by an institution to which paragraph (6)(c) applies.
(8) The Council shall from time to time publish a statement of the criteria which will be taken into account in deciding whether to give approval under paragraph (6).
(9) The Council shall maintain and publish a list of the courses of education or training, qualifications and institutions -
(10) In this article a reference to education or training includes any course of education or training or test referred to in paragraph (6).
Visitors
16.
- (1) The Council may appoint persons ("visitors") to visit any place at which or institution by which or under whose direction -
(2) For the purposes of this article and article 18, the words "any test of competence" includes an assessment to establish the level of a person's knowledge of written or spoken English.
(3) In this article, "relevant course of education or training" means any course of education or training which forms, or is intended to form, part of an approved course of education or training or any course which a registrant may be required to undergo after registration in accordance with rules made by the Council.
(4) No visitor may exercise his functions under this Order in relation to -
(5) A person shall not be prevented from being a visitor merely because he is -
but no person may be a visitor if he is employed by the Council.
(6) Visitors shall be selected with due regard to the profession with which the education and training they are to report on is concerned and at least one of the visitors shall be registered in that part of the register which relates to that profession.
(7) Where a visitor visits any place or institution in the exercise of his functions under this article, he shall report to the Council -
(8) Requirements of the kind mentioned in paragraph (7)(b) may be imposed by the Council -
(9) Where a visitor reports to the Council in accordance with paragraph (7), the Council shall on receipt of the report -
(10) The period specified by the Council in a notice given under sub-paragraph (b) of paragraph (9) shall be not less than one month beginning with the date on which a copy of the report is sent to the institution concerned under sub-paragraph (a) of paragraph (9).
(11) The Council shall not take any steps in the light of any report made under paragraph (7) before the end of the specified period mentioned in paragraph (10).
(12) The Council shall publish such reports together with, on the request of the institution concerned, the response of that institution to the report.
(13) The Council may make such provision in respect of visitors as it may determine -
Information to be given by institutions
17.
- (1) This article applies to any institution in the United Kingdom by which, or under whose direction, whether inside or outside the United Kingdom -
(2) In paragraph (1) "relevant course of education or training" has the same meaning as in article 16(3).
(3) Whenever required to do so by the Council, any such institution shall give to the Council such information and assistance as the Council may reasonably require in connection with the exercise of its functions under this Order.
(4) Where an institution refuses any reasonable request for information made by the Council under this article, the Council may in accordance with article 18 refuse to approve, or withdraw approval from, as the case may be, any education, training, qualification or institution to which the information relates.
(5) In this article a reference to education or training includes any course of education or training or test referred to in article 15(6).
Refusal or withdrawal of approval of courses, qualifications and institutions
18.
- (1) Where as a result of any visitor's report or other information acquired by the Council and taking account of the observations received from the institution under article 16(9), the Council is of the opinion that the standards established under article 15(1) are not, or will not be, met by particular education or training or that an institution is not observing the requirements referred to in article 15(1) it may refuse to approve, or withdraw approval from, as the case may be, any education, training, qualification or institution to which that opinion relates.
(2) In this article a reference to education or training includes any course of education or training or test referred to in article 15(6).
(3) In making any decision under paragraph (1) to refuse or to withdraw approval the Council shall act in accordance with this article.
(4) The Council shall -
(5) The Council shall take no further steps before the period specified in sub-paragraph (b) of paragraph (4) has expired.
(6) If, taking account of the matters referred to in paragraph (1) and any observations submitted by the institution under paragraph (4), the Council decides that it is appropriate to refuse or withdraw approval under paragraph (1) it shall notify the institution accordingly.
(7) A decision under paragraph (6) shall have effect from the date of the decision or from such later date as may be specified in the decision.
(8) Where approval is withdrawn under this article, the Council shall use its best endeavours to secure that any person who is undertaking the education or training concerned or is studying for the qualification concerned or is studying at the institution concerned at the time when recognition is withdrawn is given the opportunity to follow approved education or training or to study for an approved qualification or at an approved institution.
(9) The withdrawal under this article of approval from any education or training, qualification or institution shall not affect the entitlement of any person to be registered on the basis of an award to him, before the date on which the decision withdrawing approval had effect, of -
from which approval has been withdrawn.
Post-registration training
19.
- (1) The Council may make rules requiring registrants to undertake such continuing professional development as it shall specify in standards.
(2) The rules may, in particular, make provision with respect to registrants who fail to comply with any requirements of the rules, including making provision for their registration to cease to have effect.
(3) The Council may by rules require persons who have not practised or who have not practised for or during a prescribed period, to undertake such education or training or to gain such experience as it shall specify in standards.
(4) If the Council makes rules under paragraph (1) or (3), it shall establish the standards to be met in relation to -
and article 15(3) to (9) and articles 16 to 18 of this Order shall apply in respect of those standards as if they were standards established under article 15(1)(a).
(5) In the articles mentioned in paragraph (4), references to "education and training" shall, for the purposes of that paragraph, be treated as being to education, training or experience.
(6) In respect of additional qualifications which may be recorded on the register the Council may establish standards of education and training and article 15(3) to (9) and articles 16 to 18 shall apply in respect of those standards as if they were standards established under article 15(1)(a).
Wales
20.
The National Assembly for Wales may create or designate a body with which the Council may enter into any such arrangements as are referred to in article 15(6) of this Order in order to perform its function under article 15(5)(b) in respect of the standards established under article 15(1) or 19(4) or (6).
(2) The Council may also from time to time give guidance to registrants, employers and such other persons as it thinks appropriate in respect of standards for the education and training, supervision and performance of persons who provide services in connection with those provided by registrants.
(3) Before establishing any standards or arrangements mentioned in paragraph (1), the Council shall consult the Conduct and Competence Committee in addition to the persons mentioned in article 3(14).
Allegations
22.
- (1) This article applies where any allegation is made against a registrant to the effect that -
(b) an entry in the register relating to him has been fraudulently procured or incorrectly made.
(2) For the purposes of this article references to a conviction include a conviction by a Court Martial.
(3) This article is not prevented from applying because the allegation is based on a matter alleged to have occurred outside the United Kingdom or at a time when the person against whom the allegation is made was not registered.
(4) Rules may provide that where a Practice Committee finds that a person has failed to comply with the standards mentioned in article 21(1), such failure shall not be taken of itself to establish that his fitness to practise is impaired, but may be taken into account in any proceedings under this Order.
(5) When an allegation is made to the Council or any of its committees, as soon as reasonably practicable after receipt of the allegation in the form required by the Council, the Council shall refer it -
(6) If an allegation is not made under paragraph (1) but it appears to the Council that there should be an investigation into the fitness to practise of a registrant or into his entry in the register it may refer the matter in accordance with paragraph (5) and this Order shall apply as if it were an allegation made under paragraph (1).
(7) Hearings and preliminary meetings of Practice Committees at which the person concerned is entitled to be present or to be represented are to be held in -
(8) While the registration of a registrant is suspended by virtue of a suspension order or an interim suspension order he shall be treated as not being registered notwithstanding that his name still appears in the register but this does not prevent action being taken in respect of such a person as appropriate under articles 22 to 32 of this Order.
(9) The Council shall publish as soon as reasonably practicable particulars of any orders and decisions made by a Practice Committee under article 26(7) or (11), 29(5), 30(1), (2), (4), (6), (7) or (8) or 33 and of its reasons for them and of any decision given on appeal.
(10) The Council may disclose to any person any information relating to a person's fitness to practise which it considers it to be in the public interest to disclose.
(11) In this Part "the person concerned" means the person against whom an allegation has been made.
Screeners
23.
- (1) The Council may by rules provide for the appointment of persons, to be known as Screeners, to whom allegations may be referred in accordance with this Order or rules made under it.
(2) A person shall not be prevented from being a Screener merely because he is -
(3) No person may be a Screener if he is -
(4) No person may act as a Screener in respect of a particular case if he has been involved in that case in any other capacity.
Screeners: supplementary provisions
24.
- (1) Any rules made under article 23 shall contain the provisions mentioned in paragraphs (2) and (3).
(2) The rules made under article 23(1) shall provide that -
(3) Any such rules shall give Screeners the functions -
and if head (i) or (ii), as the case may be, is not satisfied, of referring the matter in accordance with sub-paragraph (b);
(d) where requested to do so by any Practice Committee, of mediating in any case with the aim of dealing with the allegation without it being necessary for the case to reach the stage at which the Health Committee or Conduct and Competence Committee, as the case may be, would arrange a hearing in accordance with article 32(2)(f);
(e) in the event that mediation fails, of referring the matter back to the Practice Committee which referred it to the Screeners.
(4) The Council may make such provision in respect of Screeners as it may determine -
(5) If the Screeners decide that power is not given by this Order to deal with the allegation the Registrar shall inform the person making the allegation giving reasons.
Council's power to require disclosure of information
25.
- (1) For the purpose of assisting them in carrying out functions in respect of fitness to practise, a person authorised by a Practice Committee may require any person (other than the person concerned) who in his opinion is able to supply information or produce any document which appears relevant to the discharge of any such function, to supply such information or produce such a document.
(2) As soon as is reasonably practicable after a decision has been made under article 22(5) or (6) to refer an allegation or other matter to a Practice Committee, the Council shall require, from the person concerned, details of -
(b) any body by which he is authorised to practise, in the United Kingdom or elsewhere, a health or social care profession which is regulated under any enactment.
(3) Nothing in this article shall require or permit any disclosure of information which is prohibited by or under any other enactment.
(4) But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the person referred to in paragraph (1) may, in exercising his functions under that paragraph, require that the information be put into a form which is not capable of identifying that individual.
(5) Paragraph (1) shall not apply in relation to the supplying of information or the production of any document which a person could not be compelled to supply or produce in civil proceedings in any court to which an appeal would lie from a decision of the Practice Committee in respect of the allegation with which it is dealing.
(6) For the purposes of paragraph (5), "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
The Investigating Committee
26.
- (1) The Investigating Committee shall investigate any allegation which is referred to it in accordance with article 22 or 24.
(2) Where an allegation is referred to the Investigating Committee, it shall -
(3) The Council shall by rules make provision as to the procedure to be followed by the Investigating Committee in any investigation carried out by it under this article.
(4) In the case of an allegation of the kind mentioned in article 22(1)(b) the rules shall, in particular, make similar provision to that made by virtue of article 32(2)(b), (f), (g), (h), (i), (j), (m), (n), (o) and (p) and may provide for the Registrar to be made a party to the proceedings.
(5) When the Investigating Committee reaches a decision under paragraph (2) as to whether -
it shall notify in writing both the person concerned and the person making the allegation, if any, of its decision, giving its reasons.
(6) Where the Investigating Committee concludes that there is a case to answer under paragraph (2)(d)(i), it shall -
(7) In the case of an allegation of a kind mentioned in article 22(1)(b), if the Investigating Committee is satisfied that an entry in the register has been fraudulently procured or incorrectly made, it may make an order that the Registrar remove or amend the entry and shall notify the person concerned of his right of appeal under article 38.
(8) If the Investigating Committee concludes that there is no case to answer or that the relevant entry was not fraudulently procured or incorrectly made -
(9) For the purposes of paragraph (8), the publication of the decision mentioned in paragraph (5) together with the reasons for it may constitute such a declaration.
(10) No order made under paragraph (7) shall have effect -
(11) The Investigating Committee may make an interim order in accordance with article 31 at the same time as making an order under paragraph (7) or at any time before referring a case to the Health Committee or Conduct and Competence Committee under paragraph (6).
(12) The Investigating Committee may review an order made under paragraph (7) if new evidence relevant to the order becomes available after the order has been made and may revoke that order if it considers that it should not have been made.
(13) Where the Investigating Committee makes an order under paragraph (7) or decides not to review such an order under paragraph (12) the person concerned may appeal to the appropriate Court and the provisions of article 38 shall apply to the appeal.
(14) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the order or decision appealed against is served on the person concerned.
(15) On an appeal under this article, the Council shall be the respondent.
(16) An entry which has been restored to the register on an application for readmission or restoration being granted may be treated for the purposes of this article as having been fraudulently procured or incorrectly made if any previous entry from which the restored entry is derived was fraudulently procured or incorrectly made.
The Conduct and Competence Committee
27.
The Conduct and Competence Committee shall -
(b) consider -
The Health Committee
28.
The Health Committee shall consider -
Orders of the Health Committee and the Conduct and Competence Committee
29.
- (1) If, having considered an allegation, the Health Committee or the Conduct and Competence Committee, as the case may be, concludes that it is not well founded -
(2) For the purposes of paragraph (1) the publication of the decision mentioned in article 32(2)(k) and the reasons for it may constitute such a declaration.
(3) If, having considered an allegation, the Health Committee or the Conduct and Competence Committee, as the case may be, concludes that it is well founded, it shall proceed in accordance with the remaining provisions of this article.
(4) The Committee may -
(5) Where a case does not fall within paragraph (4), the Committee shall -
(6) A striking-off order may not be made in respect of an allegation of the kind mentioned in article 22(1)(a)(ii) or (iv) unless the person concerned has been continuously suspended, or subject to a conditions of practice order, for a period of no less than two years immediately preceding the date of the decision of the Committee to make such an order.
(7) The Committee may specify in an order made under paragraph (5) a period within which an application to vary, replace or revoke the order may not be made, which -
(8) The Committee shall, when it makes, varies, replaces or revokes an order under this article or article 30 or when an order it has made ceases to have effect, give the Registrar such directions as are appropriate as to annotation of the register to record the decision made or, as the case may be, the expiry of the order;
(9) The person concerned may appeal to the appropriate court against an order made under paragraph (5) and article 38 shall apply to the appeal.
(10) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the order or decision appealed against is served on the person concerned.
(11) No order mentioned in paragraph (9) shall have effect -
Review of orders by the Health Committee and the Conduct and Competence Committee
30.
- (1) Before the expiry of an order made under article 29(5)(b) or (c) by the Conduct and Competence Committee or the Health Committee, the Committee which made the order or, if the matter has been referred to the other Committee, that Committee, shall review the order and may, subject to paragraph (5) -
(2) Subject to paragraph (1), on the application of the person concerned or otherwise, at any time an order made by the Conduct and Competence Committee or the Health Committee under article 29(5)(b) to (d) is in force, the Committee which made the order or, if the matter has been referred to the other Committee, that Committee, may review the order and may take any of the steps referred to in paragraph (4).
(3) Paragraphs (1) and (2) apply to an order made on a review under paragraph (1) or (2) as they do to an order made under article 29(5)(b) to (d).
(4) The steps mentioned in paragraph (2) are for the Committee to -
(5) The Committee may not extend a conditions of practice order by more than three years at a time or a suspension order by more than one year at a time.
(6) The Committee may make the revocation of a suspension order subject to the applicant's satisfying such requirements as to additional education or training and experience as the Council has specified under article 19(3) and which apply to him.
(7) Where new evidence relevant to a striking-off order becomes available after the making of the order, the Committee which made the order or, where appropriate, the Committee mentioned in article 33(3)(b) may review it and article 33(4) to (8) shall apply as if it were an application for restoration made under that article.
(8) A striking-off order, conditions of practice order, suspension order or caution order which is in force by virtue of a decision made on appeal to the appropriate court may be reviewed in accordance with paragraph (2) or (7), as the case may be, by the Committee which made the order appealed from and any of the steps mentioned in paragraph (4) may be taken.
(9) Before exercising its powers under paragraph (1), (2), (4), (6), (7) or (8) a Practice Committee shall give the person concerned the opportunity to appear before it and to argue his case in accordance with rules made by the Council which shall include the matters referred to in article 32(2)(b), (g), (i), (j), (k), (m), (n) and (o).
(10) The person concerned may appeal to the appropriate court against an order or decision made under paragraph (1), (2), (4), (6), (7) or (8).
(11) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the order or decision appealed against is served on the person concerned.
(12) On an appeal under this article the Council shall be the respondent.
Interim Orders by a Practice Committee
31.
- (1) This article applies where -
(b) the Investigating Committee makes an order under article 26(7), or
(c) the Conduct and Competence Committee or the Health Committee makes an order under article 29(5)(a) to (c).
(2) Subject to paragraph (4), if the Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the registration of that person to be suspended or to be made subject to conditions, it may -
during such period not exceeding eighteen months as may be specified in the order.
(3) In a case coming within paragraph (1)(b) or (c), such an order may be made at the same time as an order made under article 26(7) or 29(5)(a) to (c).
(4) The Investigating Committee shall not make an order in any case after it has referred the allegation in question to another Practice Committee.
(5) Subject to paragraphs (6), (7), (9) and (12) the order mentioned in paragraph (2) shall cease to have effect -
(6) The Committee which made the order or, if the matter has been referred to another Practice Committee, that Committee, shall, in a case coming within paragraph (1)(a), review an order made under paragraph (2) -
(7) Where an interim suspension order or an interim conditions of practice order has been made under this article (including this paragraph) the Practice Committee which made the order or, where the case has been referred to another Practice Committee, that Committee, may, subject to paragraph (15) -
(8) The Council may apply to the court for an order made by a Practice Committee under paragraph (2) or (7) to be extended, and may apply again for further extensions.
(9) On such an application the court may extend (or further extend) for up to 12 months the period for which the order has effect.
(10) In this article, references to an interim suspension order or interim conditions of practice order include such an order as so extended.
(11) For the purposes of paragraph (6) the first review after the court's extension of an order made by a Practice Committee or after a replacement order made by a Practice Committee under paragraph (7)(d) or (e) shall take place -
(12) Where an order has effect under paragraph (2), (7) or (9), the court may, on an application being made by the person concerned -
and the decision of the court under any application under this paragraph shall be final.
(13) In this article "the court" has the same meaning as "the appropriate court" in article 38.
(14) The Committee shall notify the person concerned giving its reasons where it makes an order under paragraph (2) or any decision under paragraph (7) and shall notify him of his right to apply to the court.
(15) No order under paragraph (2) or (7)(c) to (e), or, in a case where paragraph (5)(b) applies, under paragraph (7)(b), shall be made by any Practice Committee in respect of any person unless he has been afforded an opportunity of appearing before the Committee and being heard on the question whether such an order should be made in his case.
(16) At any such hearing, the person concerned shall be entitled to be represented whether by a legally qualified person or otherwise.
(17) The Committee shall when it makes, varies, replaces or revokes an order under this article or when an order it has made ceases to have effect, give the Registrar such directions as are appropriate as to annotation of the register to record the decision made or, as the case may be, the expiry of the order.
Investigation of allegations: procedural rules
32.
- (1) The Council shall make rules as to the procedure to be followed by the Health Committee and the Conduct and Competence Committee in considering any allegation and before making an order under article 29(5).
(2) The rules shall, in particular, make provision -
(g) entitling the person concerned to be represented whether by a legally qualified person or otherwise at any such hearing;
(h) where an allegation is referred by the Council, Screeners or the Investigating Committee to the Health Committee or the Conduct and Competence Committee, for the Council to give notice of that referral to specified persons who shall include 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, where they are known, to any person referred to in article 25 paragraph (2)(a) or (b);
(i) giving any person, other than the person concerned, who, in the opinion of the relevant Committee, taking account of any criteria included in the rules, has an interest in proceedings before it, the opportunity to submit written representations;
(j) requiring a hearing before a Committee to be held in public except in so far as may be provided by the rules;
(k) requiring the Committee to notify the person concerned of its decision, its reasons for reaching that decision and of his right of appeal;
(l) requiring the person by whom the allegation was made to be notified by the Committee of its decision and of its reasons for reaching that decision;
(m) empowering the Committee to require persons (other than the person concerned) to attend and give evidence or to produce documents;
(n) about the admissibility of evidence;
(o) enabling the Committee to administer oaths;
(p) where the person concerned has been convicted of a criminal offence, for the conviction to be proved by the production of a certified copy of the certificate of conviction, or, in Scotland, an extract conviction, relating to the offence and for the findings of fact upon which the conviction is based to be admissible as proof of those facts.
(3) Each stage in proceedings under Part V and article 37 shall be dealt with expeditiously and the Committee concerned may give directions as to the conduct of the case and for the consequences of failure to comply with such directions (which may include the making of an order or refusal of an application if the failure to comply was without reasonable excuse).
(4) The Council may provide in the rules for the Chairman of the Committee to hold the meeting referred to in paragraph (2)(b) or to give the directions mentioned in paragraph (3) and, subject to the agreement of the parties to his acting on behalf of the Committee, to take such action as the Committee would be competent to take at such a meeting.
(5) In this article "parties" means the Council and the person concerned.
Restoration to the register of persons who have been struck off
33.
- (1) Where a person who has been struck off the register by virtue of an order made by a Practice Committee or the court wishes to be restored to the register, he shall make an application for restoration to the Registrar.
(2) Subject to article 30(7), no such application may be made -
(3) Any application for restoration shall be referred by the Registrar for determination to -
(4) Before making any decision on the application the Committee shall give the applicant an opportunity to appear before it and to argue his case in accordance with rules made by the Council which shall include the matters referred to in article 32(2)(b), (g), (i), (j), (k), (m), (n) and (o).
(5) The Committee shall not grant an application for restoration unless it is satisfied, on such evidence as it may require, that the applicant not only satisfies the requirements of article 9(2)(a) and (b) but, having regard in particular to the circumstances which led to the making of the order under article 29, 30 or 38, is also a fit and proper person to practise the relevant profession.
(6) The Committee may make the granting of an application subject to the applicant satisfying such requirements as to additional education or training and experience as the Council has established under article 19(3) and which apply to him.
(7) On granting an application for restoration, the Committee -
(8) The provisions of article 29 shall have effect in relation to a conditions of practice order made under paragraph (7) as they have effect in relation to a conditions of practice order made under that article and article 30 shall apply as if the order made under paragraph (7) were an order made under article 29.
(9) If, while a striking-off order is in force, a second or subsequent application for restoration to the register, made by the person who has been struck off, is unsuccessful, the Committee which determined that application may direct that that person's right to make any further such applications shall be suspended indefinitely.
(10) A person in respect of whom a direction is made under paragraph (9) may, after the expiration of three years from the date on which the direction was made, apply to the Registrar for that direction to be reviewed and, thereafter, may make further applications for review but no such application may be made before the expiration of three years from the date of the most recent review decision.
(11) The Registrar shall refer an application made under paragraph (10) to the Committee which made the direction under paragraph (9).
(12) A person whose application under paragraph (10) or whose application for restoration is refused or made subject to his satisfying requirements under paragraph (6) may appeal to the appropriate Court and article 38 shall apply to that appeal.
(13) The appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the decision rejecting the application, or granting it but imposing conditions under paragraph (6), is served on the applicant.
Legal assessors
34.
- (1) The Council shall appoint legal assessors.
(2) Legal assessors shall have the general function of giving advice to -
on questions of law arising in connection with any matter which any of those persons is considering under article 9 or 10, Part V or VI.
(3) They may at the request of the person mentioned in paragraph (2) assist in the drafting of any decision required by this Order to be issued under any of the provisions mentioned in that paragraph.
(4) They shall have such other functions as may be conferred on them by rules made by the Council.
(5) To be qualified for appointment as a legal assessor, a person must -
(6) No person shall be a legal assessor if he is -
(7) The Council may make such provision in respect of legal assessors as it may determine -
Medical assessors
35.
- (1) The Council may appoint registered medical practitioners to be medical assessors.
(2) They shall have the general function of giving advice to -
on matters within their professional competence in connection with any matter which any of those persons is considering.
(3) They shall also have such other functions as may be conferred on them by rules made by the Council.
(4) No person shall be a medical assessor if he is -
(5) The Council may make such provision in respect of medical assessors as it may determine -
Registrant assessors
36.
- (1) The Council may appoint registered professionals as registrant assessors.
(2) They shall have the general function of giving advice to -
on matters of professional practice arising in connection with any matter which any of those persons is considering.
(3) The assessors shall also have such other functions as may be conferred on them by rules made by the Council.
(4) No person shall be a registrant assessor if he is -
(5) The Council may make such provision in respect of registrant assessors as it may determine -
the person aggrieved may appeal to the Council within the prescribed period.
(2) No appeal lies to the Council where the person aggrieved has been refused registration solely because he has failed to pay the prescribed fee for registration or has failed to apply in the prescribed form and manner in accordance with article 9 or 10.
(3) No decision removing a registrant from the register against which an appeal to the Council may be made under paragraph (1) shall have effect before -
(4) Any appeal shall be subject to such rules as the Council shall make for the purpose of regulating appeals under this article.
(5) The rules shall in particular provide -
(d) for the person presiding to be a Council member;
(e) that no one who has been involved in any other capacity in the case to be considered is to be a member of the panel;
(f) for the decision to be made by a majority vote of the persons present;
(g) in the event of a tie, for the Chairman to have an additional casting vote which he shall exercise in the favour of the person concerned;
(h) for the Registrar to be made a party to the proceedings;
(i) for similar provision to be made to that in article 32(2)(b), (f), (g), (i), (j), (k), (m), (n) and (o).
(6) Article 32(3) shall apply to appeals under this article as if a reference to the Committee concerned were to the Council.
(7) Article 25, with the exception of paragraph (2), shall apply to appeals under this article as if a reference to a Practice Committee were to the Council.
(8) A hearing provided for by the rules made under paragraph (4) is to be held -
(9) Having considered the appeal under this article, the Council may -
(10) The person concerned may appeal to a county court or, in Scotland, a sheriff against an unfavourable decision made under paragraph (9)(a), (c) or (d) and article 38 shall apply to that appeal.
(11) Subject to paragraph 12, the Council shall publish as soon as reasonably practicable a decision of the Council made under this article together with the reasons for it.
(12) If the decision is favourable to the person concerned, the Council is not required to publish it unless the person concerned so requests but it may do so with the consent of the person concerned.
Appeals
38.
- (1) An appeal from -
(2) In any appeal under this article the Council shall be the respondent.
(3) The Court or sheriff may -
and may make such order as to costs (or, in Scotland, expenses) as it, or he, as the case may be, thinks fit.
(4) In this article "the appropriate court" means -
(2) Any person who -
shall be treated for the purposes of paragraph (1) as if he were such a national.
(3) Without prejudice to article 43, a visiting EEA nurse or midwife shall -
before he provides any services as a nurse or midwife in the United Kingdom except that, in a case of sudden or urgent necessity, a nurse may provide the documents as soon as possible after he has provided his services as a nurse.
(4) For the purposes of this Order "the appropriate diploma" means a diploma, certificate or other evidence of formal qualifications which EEA States are required to recognise in the case of a nurse, by the Nursing Directive or, in the case of a midwife, by the Midwifery Directive.
(5) For the purposes of this article and article 11 "relevant documents", in relation to any person means -
(b) a certificate or certificates issued, not more than 12 months before the date on which the Council is provided with the relevant documents, by the competent authority of the EEA State in which he is practising as mentioned in sub-paragraph (1)(b) certifying -
(6) The Council may refer for determination to whichever Practice Committee it thinks fit taking account of article 22, the question whether the provisions of this Order relating to visiting EEA nurses or midwives (other than this paragraph and paragraph (8)) should cease to apply to a particular visiting nurse or midwife because his fitness to practise is impaired by reason of misconduct or some other matter referred to in article 22(1)(a) or because authorisation to practise has been fraudulently procured or granted in error.
(7) The provisions of Part V and rules made under it shall apply, with any necessary modifications, in relation to any proceedings under paragraph (6) as they apply in relation to proceedings in respect of an allegation referred to a Screener or Practice Committee under article 22.
(8) Where it is determined that the provisions mentioned in paragraph (6) should cease to apply to any person he shall -
(9) A person in respect of whom a determination is made under paragraph (6) may appeal to the appropriate court and article 38 shall apply to that appeal.
Competent authority for EEA purposes
40.
The provisions in Schedule 3 shall have effect.
(2) If rules are made requiring midwives to give the notice referred to in paragraph (1)(b), the LSA shall inform the Council of any notice given to it under those rules.
Local supervision of midwives
43.
- (1) Each LSA shall -
(2) The Council may prescribe the qualifications of persons who may be appointed by the LSA to exercise supervision over midwives in its area, and no one shall be so appointed who is not so qualified.
(3) The Council shall by rules from time to time establish standards for the exercise by LSAs of their functions and may give guidance to LSAs on these matters.
(2) A person commits an offence if -
(3) A person who fraudulently procures, or tries to procure, the making, amendment, removal or restoration of an entry in the register, is guilty of an offence.
(4) A person who, without reasonable excuse, fails to comply with any requirement imposed by -
under article 25(1) or (2) or rules made by virtue of article 32(2)(m) or under any corresponding rule made by virtue of article 26, 33 or 37 is guilty of an offence.
(5) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Attendance by unqualified persons at childbirth
45.
- (1) A person other than a registered midwife or a registered medical practitioner shall not attend a woman in childbirth.
(2) Paragraph (1) does not apply -
(3) A person who contravenes paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Paragraph (1)(a) and (b) shall not apply to advice given by a legal assessor in respect of the drafting of a decision mentioned in article 34(3).
Rules and orders
47.
- (1) No rules made under this Order shall come into force until approved by order of the Privy Council.
(2) Any rules made by the Council and any order of the Privy Council made under this Order may make different provision with respect to different cases or classes of case.
(3) Before making any rules under this Order, the Council shall consult representatives of any group of persons who appear likely to be affected by the proposed rules and these may include such persons as appear to it to be representative of -
Exercise of powers by the Privy Council
48.
- (1) Where the approval of the Privy Council is required by this Order in respect of the making of any rules by the Council, it shall be given by an order made by the Privy Council.
(2) Any power of the Privy Council under this Order to make an order shall be exercisable by statutory instrument.
(3) Any order under this Order shall be subject to annulment in pursuance of a resolution of either House of Parliament but this does not apply to an order made under article 54(2) or Schedule 2, paragraph 19, 20, 21 or 25.
(4) For the purpose of exercising any powers conferred by this Order the quorum of the Privy Council shall be two.
(5) Any act of the Privy Council under this Order shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.
(6) Any document purporting to be -
Default powers of the Privy Council
49.
- (1) If it appears to the Privy Council that the Council has failed to perform any functions which, in the opinion of the Privy Council, should have been performed, the Privy Council may notify the Council of its opinion and require the Council to make representations to it.
(2) The Privy Council may, having considered the representations of the Council, give such directions (if any) to the Council as it considers appropriate.
(3) If the Council fails to comply with any directions given under this article, the Privy Council may give effect to the direction.
(4) Subject to paragraph (5), for the purpose of giving effect to a direction under paragraph (3), the Privy Council may -
(5) The Privy Council shall not exercise the power in paragraph (4) to make, amend, remove or restore an entry in the register in respect of an individual, nor to refuse to do so.
(6) The powers under paragraphs (1) and (2) may be exercised by a person authorised or designated by the Privy Council for that purpose.
Annual reports
50.
- (1) The Council shall publish at least once in each calendar year a statistical report which indicates the efficiency and effectiveness of the arrangements it has put in place to protect the public from persons whose fitness to practise is impaired, together with the Council's observations on the report.
(2) The Council shall -
(3) The Privy Council shall lay before each House of Parliament a copy of the report submitted by the Council under paragraph (2).
Finances of the Council
51.
- (1) The Council may charge such fees in connection with the exercise of its functions as it may, with the approval of the Privy Council, determine.
(2) Subject to this article, the expenses of the Council are to be met out of fees received by the Council and other sums paid to it in connection with the exercise of its functions.
(3) The Secretary of State or an appropriate authority may make grants or loans to the Council towards expenses incurred, or to be incurred by it -
(4) In this paragraph, "appropriate authority" means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.
Accounts of the Council
52.
- (1) The Council shall -
(2) The annual accounts shall be audited by persons the Council appoints.
(3) No person may be appointed as an auditor under paragraph (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 or article 28 of the Companies (Northern Ireland) Order 1990.
(4) As soon as is reasonably practicable after the end of the financial year to which the annual accounts relate, the Council shall -
(5) The Comptroller and Auditor General shall examine, certify and report on the annual accounts.
(6) For the purposes of his examination, the Comptroller and Auditor General may inspect the accounts of the Council and any records relating to them.
(7) The Privy Council shall lay before each House of Parliament a copy of the annual accounts certified by the Comptroller and Auditor General, any report of the auditors and the report of the Comptroller and Auditor General prepared under paragraph (5).
(8) In this article, "financial year" means -
Inquiry by the Privy Council
53.
- (1) The Privy Council may cause an inquiry to be held into any matter connected with the exercise by the Council of its functions.
(2) Before an inquiry is begun, the Privy Council may direct that it shall be held in public.
(3) Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
(4) For the purpose of any such inquiry (but subject to paragraph (5)) the person appointed to hold the inquiry -
(5) Nothing in this article requires a person, in obedience to a summons under the article, to attend to give evidence or to produce any documents unless the necessary expenses of his attendance are paid or tendered to him.
(6) Any person who refuses or deliberately fails to attend in obedience to a summons under this article, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this article, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) Where the Privy Council causes an inquiry to be held under this article -
(8) Where the Privy Council causes an inquiry to be held under this article it may make orders -
and every such order may be made a rule of the appropriate court on the application of any party named in the order.
(9) "Appropriate court" has the same meaning as in article 38(5).
Supplementary and transitional provisions and extent
54.
- (1) The transitional provisions contained in Schedule 2 to this Order shall apply.
(2) The Privy Council may by order make such further transitional provisions as it considers appropriate.
(3) The consequential amendments contained in Schedule 5 to this Order shall apply.
(4) This Order extends to the whole of the United Kingdom.
A. K. Galloway
Clerk of the Privy Council
(2) The Council shall appoint an alternate member for each registrant member.
(3) An alternate member shall have the same functions as a registrant member but he may attend a Council meeting in his capacity as an alternate member and vote, only if his corresponding registrant member is unable to do so.
(4) The Council shall appoint an elected candidate to be a registrant member or alternate member in accordance with criteria set out in the election scheme made under paragraph 2.
2.
- (1) The Council shall provide in rules for an election scheme to elect the registrant members and alternate members and may provide in the rules for by-elections.
(2) The election scheme shall provide that -
(b) at least one registrant member and one alternate member shall be appointed from each part of the register and the number of members from each part shall be equal;
(c) at least one member shall be elected from each of the national constituencies for each part of the register;
(d) a person may only vote -
(e) a person may vote even if he lives or works outside the United Kingdom;
(f) where someone ceases to be a registrant member or alternate member a replacement shall, subject to paragraph 7(3), be appointed by the Council.
(3) The Council shall provide such information and advice for voters and candidates about the purpose and conduct of the elections as it considers appropriate.
3.
Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or the register kept under the 1997 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.
4.
Of the members appointed by the Privy Council, there shall be at least one appointed from each country of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.
5.
On a proposal from the Council or otherwise, the Privy Council may by order vary the size or composition of the Council, provided that -
6.
Where a member appointed by the Privy Council ceases to be a member, the Council shall inform the Privy Council and, subject to paragraph 7(3), the Privy Council shall replace him.
7.
- (1) Where a member does not complete his term of office, his successor shall be appointed for the remainder of the unexpired term -
(2) In this paragraph "the unexpired term" means the period beginning with the date on which the member ceased to be a member and ending with the date on which his full term of office would have expired.
(3) If the unexpired term is less than twelve months, the vacancy need not be filled.
(4) In the case of a registrant member or alternate member, the person appointed for the unexpired term shall be registered in the same part of the register and live or work wholly or mainly in the same country of the United Kingdom as the member he is to replace.
Tenure of members
8.
- (1) Each member's term of office will be for a period of 4 years.
(2) A person shall be removed from office as a Council member if -
in that national constituency or country;
(c) he ceases to be registered in the part of the register in respect of which he was appointed;
(d) he ceases to be wholly or mainly engaged in the practice, teaching or management of the profession for which he is registered and in respect of which he was appointed or in the research mentioned in paragraph 2(2)(a)(iv);
(e) an order has been made against him by a Practice Committee;
(f) he is removed by a majority of at least two-thirds of the other members of the Council because of a serious and persistent deficiency in his attendance at meetings or in his conduct or performance at meetings;
(g) such other circumstances as may be provided for by the Council in standing orders occur.
9.
A member may resign at any time by notice in writing addressed to the Registrar.
10.
No member may be appointed for more than three consecutive terms.
The President
11.
- (1) The members of the Council shall elect a President from among themselves for a term of four years.
(2) The President shall hold office until whichever of the following first occurs -
(3) A person shall not be prevented from being elected President merely because he has previously been President.
(4) The President may resign the office of President at any time by notice in writing addressed to the Registrar.
Procedure etc. of Council and committees
12.
- (1) Subject to any provision made by or under this Order and, subject to paragraph 16, the Council shall make standing orders in respect of the Council, its committees and sub-committees, but not in respect of any of the Practice Committees, to provide for -
13.
- (1) In appointing non-Council members to any committee set up under article 3(12) the Council shall have regard, where appropriate and subject to the other provisions of this Order, to the guidance issued by the Commissioner for Public Appointments.
(2) The Council shall ensure that such members of the committee who are not Council members shall have such qualifications, interests or experience as, in the opinion of the Council, are relevant to the field with which the committee is mainly concerned.
(3) The Council shall -
14.
- (1) Decisions of the Council and committees shall be made by a majority vote of the members present and voting.
(2) In the event of a tie the Chairman shall have an additional casting vote.
(3) Where a matter to be dealt with by the Council or committee affects only one of the professions regulated under this Order -
(4) This paragraph does not apply to the statutory committees or to decisions of the Council under article 37.
Powers of the Council
15.
- (1) Subject to any provision made by or under this Order, the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.
(2) The Council shall, in particular, have power -
(f) to establish such sub-committees of any of its committees as it may determine;
(g) subject to any provision made by or under this Order, to regulate the procedure of any of its committees or their sub-committees;
(h) to abolish any of its committees, other than a statutory committee, or any sub-committee of any of its committees.
(3) The Council may not employ any member of the Council or its committees or sub-committees.
(4) If it appears to the Council that any statutory committee is failing to perform its functions adequately, the Council may give a direction as to the proper performance of those functions.
(5) Where the Council, having given a direction under sub-paragraph (4), is satisfied that the committee has failed to comply with the direction, it may exercise any power of that committee or do any act or other thing authorised to be done by that committee.
(6) The powers of the Council may be exercised even though there is a vacancy among its members.
(7) No proceedings of the Council shall be invalidated by any defect in the election or appointment of a member.
(8) No person who is a member of the Council or any of its committees or sub-committees by virtue of his membership of any profession, may take part in any proceedings of the Council in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.
(2) The standing orders shall, in particular, provide for -
(3) No person who is a member of the Council or Midwifery Committee by virtue of his membership of any profession may take part in any proceedings of the Committee in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.
(4) The powers of the Midwifery Committee may be exercised even though there is a vacancy among its members.
(5) No proceedings of the Midwifery Committee shall be invalidated by any defect in the appointment of a member.
Practice Committees
17.
Subject to any provision made by or under this Order, the Council shall in respect of each Practice Committee provide by rules for -
18.
- (1) The members of each Practice Committee shall include registered professionals and other members, of whom at least one shall be a registered medical practitioner.
(2) The number of registered professionals on a Practice Committee may, but need not, exceed the number of other members on the Committee and shall not in any case exceed that number by more than one.
(3) The Chairman of the Committee shall be a Council member.
(4) No one shall be a member of more than one Practice Committee and shall not be both a Screener and a member of a Practice Committee.
(5) The Council shall, subject to other provisions in this Order, have regard when selecting non-Council members for a Practice Committee, to the guidance issued by the Commissioner for Public Appointments.
(6) The panel of a Practice Committee considering an allegation or taking any other action under Part V shall comprise at least three members who shall be selected with due regard to the former, current or proposed professional field of the person concerned as the case may be and to the nature of the matters in issue, provided that -
(7) Decisions of a Practice Committee shall be made by a majority vote of the members present and voting.
(8) In the event of a tie, the Chairman shall have an additional casting vote and in respect of a decision under Part V shall exercise his casting vote in favour of the person concerned.
(9) Except when it is performing functions under Part V a Practice Committee may exercise its powers even though there is a vacancy among its members.
(10) Apart from proceedings under Part V, no proceedings of a Practice Committee shall be invalidated by any defect in the appointment of a member.
(11) No person who is a member of the Council or a Committee by virtue of his membership of any profession may take part in any proceedings of a Practice Committee in any period during which he is the subject of any investigations, proceedings or a determination against him concerning his fitness to practise his profession.
The Members
3.
- (1) During the transitional periods, the Council shall consist of -
(2) The Privy Council shall appoint an alternate member for each practitioner member.
(3) An alternate member shall have the same functions as a practitioner member but he may attend a Council meeting in his capacity as an alternate member and vote only if his corresponding practitioner member is unable to do so.
(4) Following consultation of persons who appear to it to be representative of the professions to which this Order relates, the Privy Council shall appoint practitioner and alternate members from among persons who are registered under the 1997 Act, or, if section 7 has been repealed, who were so registered immediately before that provision was repealed.
(5) It shall select four practitioner members from each of the following categories -
(6) No person may be appointed as a practitioner member while he is the subject of fitness to practise investigations or proceedings whether under this Order or under the 1997 Act.
(7) Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or the register kept under the 1997 Act and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.
(8) The members shall live or work wholly or mainly in the United Kingdom.
(9) There shall be at least one practitioner member and one alternate member from each part of the register, and the number of practitioner and alternate members from each part shall be equal.
(10) The practitioner and alternate members appointed in respect of each part of the register shall include at least one member from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.
(11) The members who are not registered professionals shall include at least one member from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.
Tenure of members
4.
Unless he resigns or is removed in such circumstances as are set out in paragraph 8(2) of Schedule 1, each member shall hold office until the end of the second transitional period.
5.
Where a member ceases to be a member, the Privy Council may replace him and the successor's term of office shall begin with the day after that on which the member ceases to be a member and end at the end of the second transitional period.
6.
The Privy Council shall determine the duration, which may not exceed four years, of the first term of office for members whose appointments take effect on the ending of the second transitional period and shall ensure that -
Election Scheme
7.
The Council shall provide in rules for an election scheme in accordance with the provisions of paragraph 2 of Part I of Schedule 1 to this Order no later than six months before the end of the second transitional period.
Appointment of first President
8.
The first President of the Council shall be appointed by the Privy Council from among the members of the Council.
The register
9.
During the first transitional period, the Council shall make -
10.
Until such date as the first order under article 6(1) is and the rules mentioned in paragraph 9 are in force ("the appointed day") the Council shall -
and if those provisions have been repealed, shall act under sub-paragraphs (a) and (b) as if they remained in force and as if references in that Act and subordinate legislation made under it to the United Kingdom Central Council for Nursing, Midwifery and Health Visiting ("UKCC") or to a National Board for Nursing, Midwifery and Health Visiting (a "National Board") were to the Council.
11.
Where on the appointed day there are outstanding applications for -
the Council shall dispose of the application in accordance with the provisions of the 1997 Act, as if those provisions were still in force, or in such other manner as it considers just.
12.
The entries in the register kept under the 1997 Act may be transferred to the register in accordance with articles 5 and 6 but, where the home address of a person registered under the 1997 Act appears in the register kept under that Act and the entry for that person is transferred to the register, his home address shall not be published in the register without the consent of that person.
The Registrar
13.
The first Registrar may be appointed by the Secretary of State, and shall otherwise be appointed by the Council, on such terms and conditions as the body appointing him sees fit.
14.
If the first Registrar ceases to hold office before a Registrar is appointed under article 4, the Secretary of State or the Council, as the case may be, may appoint a replacement.
Functions of the Council during the transitional period
15.
- (1) During the transitional periods, and subject to any contrary provision in this Order, the Council shall, until the relevant provisions of this Order and subordinate legislation made under it come into force, exercise the functions of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting ("UKCC") and of the National Boards for Nursing, Midwifery and Health Visiting ("the National Boards") under sections 2, 3, 4, 5, 6, 14, 15, 20 and 21 of the 1997 Act and subordinate legislation made under that Act with such modifications as necessary and as if references to the UKCC and National Boards were to the Council.
(2) If the relevant provision has been repealed, it shall be treated for the purposes of sub-paragraph (1) as if it remained in force.
Fitness to practise proceedings
16.
- (1) Until relevant rules under Part V come into force -
that body or committee shall refer the proceedings to the Council and the Council shall dispose of the matter in accordance with the 1997 Act or, if the relevant provisions have been repealed, as if those provisions remained in force;
(b) where an allegation is received by the Council it shall dispose of the matter as if the 1997 Act remained in force; and in both cases
(c) references in the 1997 Act to the UKCC are to be treated as references to the Council.
17.
An appeal -
shall be dealt with as if section 12 remained in force.
Transitional provisions for local supervising authorities
18.
- (1) Until rules made under article 42 come into force Local Supervising Authorities ("LSAs") shall exercise their functions under section 15 of the 1997 Act and subordinate legislation made under it and, if that section or that subordinate legislation have been repealed, shall exercise those functions as if those provisions were still in force and as if references in that Act to the UKCC or to a National Board were to the Council.
(2) If at the date such rules come into force,
the matter shall be disposed of in accordance with the rules mentioned in head (i) or, if the relevant provisions have been repealed, as if those provisions remained in force or in such other manner as appears to the LSA to be just.
Transfer of staff and property
19.
The Privy Council may by order make provision -
20.
- (1) The Privy Council may by order provide for the transfer from the old to the new employer of any -
(2) In this paragraph -
(3) In this paragraph and in paragraph 21 -
21.
- (1) The Privy Council may by order provide for the transfer from the old to the new employer of any -
(2) In this paragraph and in paragraph 25 -
or any person or body established or authorised by any of them; and
(b) "the old employer" means a National Board.
22.
An order made under paragraph 20(1)(a) or 21(1)(a) may be made by the Privy Council only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.
23.
An order made under paragraph 20(1)(a) or 21(1)(a) may apply to all, or any description of, employees or to any individual employee.
24.
- (1) The contract of employment of an employee transferred under an order made under paragraph 20(1)(a) or 21(1)(a) -
(2) Without prejudice to the generality of sub-paragraph (1), where an employee is transferred under an order mentioned in that sub-paragraph -
(3) Sub-paragraphs (2)(a) and (b) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.
(4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the old employer is terminated immediately before the date of the transfer, but he is not to be treated for any purpose as having been dismissed by that employer.
(5) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
(6) In this paragraph -
25.
- (1) An order made under paragraph 20(1)(b) or 21(1)(b) may provide for the new employer to -
(2) Section 18(3), (4), (5) and (7) of the 1997 Act shall apply as if they remained in force except that they shall apply as if the accounts or report, as the case may be, mentioned in paragraph (1) had been prepared by the old employer.
(2) Accordingly, the Council shall as respects the United Kingdom perform (in addition to any functions provided for elsewhere) the following functions conferred by the Directives (the relevant article of those Directives being referred to in brackets where it is not otherwise mentioned) -
(3) In addition, in relation to United Kingdom qualifications the Council shall as respects the United Kingdom have the functions of a competent authority referred to in the following articles of Directive 77/452/EEC and Directive 80/154/EEC -
(4) The Council is hereby designated as respects the United Kingdom for the purposes set out in this regulation in accordance with article 17 of Directive 77/452/EEC and article 18 of Directive 80/154/EEC (which requires member States to designate the authorities competent to issue or receive the diplomas, documents and other information referred to in that Directive).
(5) Subject to paragraph (6) below, the Secretary of State may give directions to the Council in connection with -
and it shall be the duty of the Council to comply with any such directions.
(6) Directions given under paragraph (5) above may be as to matters of administration only.
(b) in subsection (4)(a), for the words "a registered nurse, midwife or health visitor,", there shall be substituted "a registered nurse or midwife,".
The Fair Trading Act 1973 (c.41)
3.
In Schedule 4 to the Fair Trading Act 1973 (services excluded from section 14) -
The House of Commons Disqualification Act 1975 (c.24)
4.
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), the entry relating to the Chairman of any of the National Boards for Nursing, Midwifery and Health Visiting mentioned in section 5 of the Nurses, Midwives and Health Visitors Act 1997 or any member of those Boards appointed at a salary, shall be omitted.
The Northern Ireland Assembly Disqualification Act 1975 (c.25)
5.
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), the entry relating to the Chairman of the National Board for Nursing, Midwifery and Health Visiting for Northern Ireland or member of that Board appointed at a salary, shall be omitted.
National Health Service Act 1977 (c.49)
6.
In section 41 of the National Health Service Act 1977 (arrangements for pharmaceutical services), in paragraph (cc), for the words "registered nurse, midwife or health visitor" there shall be substituted "registered nurse or midwife".
The Interpretation Act 1978
7.
In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), for the definition of "Registered" in relation to nurses, midwives and health visitors there shall be substituted -
The Registered Homes Act 1984 (c.23)
8.
In section 42 of the Registered Homes Act 1984 (tribunal for appeals relating to nursing homes (including maternity homes) and mental nursing homes) in subsection (4)(a), for "the Nurses, Midwives and Health Visitors Act 1997" there shall be substituted "the Nursing and Midwifery Order 2001.".
The Video Recordings Act 1984 (c.39)
9.
In section 3 of the Video Recordings Act 1984 (exempted supplies), in subsection (11), for "the Nurses, Midwives and Health Visitors Act 1997", there shall be substituted "the Nursing and Midwifery Order 2001".
Children Act 1989 (c.41)
10.
In the Children Act 1989 -
The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (NI 20))
11.
In Article 32 of the Registered Homes (Northern Ireland) Order 1992, paragraph (2)(b), for "section 7 of the Nurses, Midwives and Health Visitors Act 1997" there shall be substituted "article 5 of the Nursing and Midwifery Order 2001".
The Value Added Tax Act 1994 (c.23)
12.
In Part II of Schedule 9 to the Value Added Tax Act 1994 (exempt supplies of goods and services), for item 1(d) in Group 7 (health and welfare), there shall be substituted "the register of qualified nurses and midwives maintained under article 5 of the Nursing and Midwifery Order 2001".
Employment Rights Act 1996 (c.18)
13.
In section 55 of the Employment Rights Act 1996 (right to time off for ante-natal care), in each of subsections (1)(b) and (2)(a) for "registered health visitor", there shall be substituted "registered nurse".
Data Protection Act 1998 (c.29)
14.
In section 69 of the Data Protection Act (meaning of "health professional"), in section (1), for subsection (e), there shall be substituted -
Government of Wales Act 1998 (c.38)
15.
In Part III of Schedule 4 to the Government of Wales Act 1998 (public bodies subject to reform by the Assembly which may only gain functions), paragraph 17 shall be omitted.
The Health Act 1999 (c.8)
16.
In the Health Act 1999 -
Freedom of Information Act 2000 (c.36)
17.
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part VI (other public bodies and offices: general) -
[2] Section 62(4) applies section 126 of the National Health Service Act 1977, relevant amendments to which are made by the Health Act 1999.back
[3] S.I. 1991/824 relevant amendments to which are made by S.I. 2000/1960.back
[4] S.I. 1996/2374 as amended by S.I. 1999/67.back
[6] OJ No L257, 19.10.68, p.1 (amended by Council Regulation (EEC) No 312/76 OJ No L39, 14.2.76, p.2).back
[8] OJ No C241, 29.8.84, p.21. Norway did not ratify the Treaty.back
[9] OJ No L1, 1.1.95, p.1. See the Annex (XI) (D)(III)(I).back
[10] OJ No L257, 19.10.68, p.1 (amended by Council Regulation (EEC) No 312/76 OJ No L39, 14.2.76, p.2).back