Nurses, Midwives and Health Visitors Act 1992 (repealed 19.6.1997)

Registration U.K.

7 Suspension. U.K.

(1) Section 12 of the 1979 Act (proceedings about the register) shall be amended as mentioned in subsections (2) to (4) below.

(2) In subsection (1) (duty of Central Council to determine by rules when and how certain steps in relation to a person’s registration may be taken) for the word “and” immediately following paragraph (b) there shall be substituted—

“(ba) a person’s registration in the register or a part of it may be directed to be suspended, that is to say, not to have effect during such period as may be specified in the direction;

(bb) the suspension of a person’s registration in the register or a part of it may be terminated; and”.

(3) In subsection (2) (proceedings to be heard and determined by committees of the Council) after “register” there shall be inserted “ , for the suspension, or termination of the suspension, of a person’s registration in the register ”.

(4) At the end there shall be inserted—

“(6) Where a person’s registration in the register or a part of it is suspended under subsection (1)(ba), he shall be treated as not being registered in the register or part notwithstanding that his name still appears in it.”

(5) In section 13(1) of that Act (decisions which a person may appeal against) after “register” there shall be inserted “ , or to direct that his registration in the register be suspended, ”.

8 Proceedings about the register: procedure. U.K.

(1) Section 12 of the 1979 Act shall be amended as follows.

(2) In subsection (2) (committees of the Council to be constituted to hear and determine proceedings about the register) for “hear and determine” there shall be substituted “ deal with ”.

(3) In subsection (3) (constitution of committees dealing with proceedings about the register)—

(a) for “The committees shall be constituted from members of the Council; and” there shall be substituted “ The committees need not be constituted exclusively from members of the Council, but the rules shall provide, in relation to committees constituted by them, that there shall only be a quorum if a majority of those present are members of the Council. ”; and

(b) the remainder of the subsection shall become subsection (3A).

9 Cautions. U.K.

After section 12 of the 1979 Act there shall be inserted—

“12A Cautions.

(1) Without prejudice to the generality of section 12, rules under that section may make provision with respect to the giving, in the course of disciplinary proceedings, of cautions as to future conduct.

(2) Rules under section 12 may also make provision with respect to the keeping by the Council of a record of any caution as to future conduct given in the course of disciplinary proceedings.

(3) For the purposes of this section, “disciplinary proceedings” means proceedings for removal from the register or a part of it for misconduct.”