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The Nursing and Midwifery Council (Fitness to Practise) Rules Order of Council 2004

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Order of proceedings at initial hearing

24.—(1) Unless the Committee determines otherwise, the order of proceedings at the initial hearing of an allegation shall be as follows—

(a)the Chair shall require the registrant to confirm her name and personal identification number;

(b)the Chair shall cause the charge to be read out;

(c)the Chair shall—

(i)inquire whether the registrant wishes to make any objections to the charge on a point of law, and

(ii)inquire whether the registrant wishes to make any admissions;

(d)where facts have been admitted by the registrant, the Chair shall announce that such facts have been found proved;

(e)where in respect of an allegation of a kind referred to in article 22(1)(a) of the Order the registrant admits that her fitness to practise is impaired—

(i)the Chair shall announce that the registrant’s fitness to practise is impaired,

(ii)the procedure in sub-paragraphs (f) to (l) shall not apply, and

(iii)the procedure in sub-paragraphs (m) to (o) shall apply;

(f)where facts remain in dispute, the presenter shall adduce evidence in support of the Council’s case;

(g)except on the hearing of an allegation by the Health Committee or the hearing of an allegation of lack of competence, upon the close of the Council’s case and—

(i)upon the application of the registrant, or

(ii)of its own volition,

the Committee may determine that the allegation is not well founded;

(h)except where the Committee has determined that the allegation is not well founded under sub-paragraph (g), the registrant may adduce evidence in support of her case;

(i)the Committee shall deliberate in private in order to make its findings on the facts and shall then announce the findings it has made;

(j)save in exceptional circumstances, the Committee shall not be required to give reasons for its findings of fact;

(k)where the allegation is of a kind referred to in article 22(1)(a) of the Order, the Committee shall invite representations from the parties as to whether, on the basis of any facts found proved, the registrant’s fitness to practise is impaired;

(l)in such a case, the Committee shall deliberate in private, and then in the presence of the parties (if present), shall—

(i)announce its decision as to whether the registrant’s fitness to practise is impaired, and

(ii)give reasons for its decision;

(m)in all cases the Committee—

(i)may invite any person who, in its opinion, has an interest in the proceedings to submit written representations within such time as the Committee may direct, and

(ii)shall invite representations from the registrant as to any mitigating circumstances which may affect the Committee’s decision on the sanction, if any, to be imposed,

and shall take any representations received into account before making its decision on sanction;

(n)the Committee shall deliberate in private and shall then in the presence of the parties (where present)—

(i)announce its decision on sanction, and

(ii)give reasons for its decision; and

(o)where, after announcing its decision on sanction, the Committee considers that it may be appropriate to make an interim order pending the outcome of any appeal, it shall—

(i)invite representations from the parties (where present) on whether or not an interim order should be made,

(ii)shall take any representations received into account before deciding whether or not to make an interim order,

(iii)shall deliberate in private, and

(iv)shall announce its decision in the presence of the parties (where present), and shall give reasons for its decision.

(2) Notwithstanding the order set out in paragraph (1), the Committee may allow the parties to make additional submissions.

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