The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004

Lapse of registration U.K.

14.—(1) Without prejudice to any other power of the Registrar to remove a registrant’s name from the register because her registration has lapsed, and [F1 subject to paragraphs (2A) and (4)], the Registrar may remove a registrant’s name from the register upon written application made by or on behalf of that registrant.

[F2 (2) An application referred to in paragraph (1) shall be accompanied by a declaration by the registrant confirming, as the case may be, that the registrant is—

(a) not aware of any matter which could give, or has given, rise to an allegation under article 22 of the Order;

(b) aware of any such matter: in such a case the registrant is to give full details of that matter.

(2A) Where, on the date the Registrar receives an application under this rule, an allegation against the registrant has been referred to a Practice Committee under article 22(5) of the Order and consideration of the allegation at a substantive meeting or hearing before a Practice Committee has commenced, the Registrar is to seek the advice of that Committee and is to take that advice into account in determining the application.

(2B) Where matters have given rise to an allegation against the registrant under article 22 of the Order, and the Council’s proceedings in relation to that allegation have not concluded—

(a) the Registrar shall before determining the application provide the maker of the allegation (if any) with a reasonable opportunity to comment on the application;

(b) the Registrar, in considering whether to remove the registrant’s name from the register or, where paragraph (2A) applies, the Committee in considering its advice to the Registrar, shall amongst such other matters which the Registrar or, as the case may be, the Committee considers appropriate, have regard to—

(i) any comments received pursuant to sub-paragraph (a): such comments may also be considered by the Registrar or Committee in discharging any of their other functions;

(ii) the interests of the registrant; and

(iii) the public interest.]

(3) When a registrant’s registration lapses under article 10(3) of the Order, the Registrar shall remove the registrant’s name from the register notifying her accordingly and advising her of her right of appeal under article 37 of the Order except in cases where article 37(2) applies.

(4) A registrant’s registration shall not lapse under this rule [F3 or [F4 rule 12A, 13 or 15A(4)]]

(a) where the person concerned is the subject of an allegation under article 22(1) of the Order, or is treated under article 22(6) of the Order as if she were the subject of an allegation, or is the subject of any investigations or proceedings under Part V or VI of the Order, on the grounds only that she has not paid the prescribed fee in accordance with the Fees Rules or has failed to apply for renewal in the prescribed form or within the prescribed time; or

(b) if the person concerned is the subject of a suspension order, a conditions of practice order, an interim suspension order or an interim conditions of practice order.

[F5 (5) Where there is a good reason for a registration not to lapse, the Registrar may decide, prior to the date on which the registration is due to lapse, to allow a further period [F6 not exceeding three months beginning with the date that a retention fee was due under rule 12A or that renewal was due under rule 13] for the registrant to—

(a) pay the retention fee prescribed in rule 3(i) of the Fees Rules; or

(b) satisfy the requirements of renewal specified in rule 13.

(6) Subject to paragraph (4) and article 10(3) of the Order, where the Registrar has allowed a further period under paragraph (5), the registrant’s registration shall lapse at the end of that period unless it has been retained in accordance with rule 12A or renewed in accordance with rule 13.]

Textual Amendments

F1 Words in Sch. rule 14(1) substituted (14.1.2013) by The Nursing and Midwifery Council (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2012 (S.I. 2012/2754), Sch. rules 1, 3(a)

F2 Sch. rule 14(2)-(2B) substituted for Sch. rule 14(2) (14.1.2013) by The Nursing and Midwifery Council (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2012 (S.I. 2012/2754), Sch. rules 1, 3(b)

F3 Words in Sch. rule 14(4) substituted (1.1.2006) by The Nursing and Midwifery Council (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2005 (S.I. 2005/3354), Sch. rules 1, 3(6)(a)

F4 Words in Sch. rule 14(4) substituted (9.3.2015) by The Nursing and Midwifery Council (Fitness to Practise) (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2015 (S.I. 2015/52), Sch. rules 1, 18

F5 Sch. rule 14(5)(6) added (1.1.2006) by The Nursing and Midwifery Council (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2005 (S.I. 2005/3354), Sch. rules 1, 3(6)(b)

F6 Words in Sch. rule 14(5) omitted (31.3.2020) by virtue of The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 (S.I. 2020/364), Sch. rules 1, 4(3) (with Sch. rule 2)