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

Conduct of the hearing U.K.

30.—(1) The hearing shall be held in public unless the Appeal Panel is satisfied that, in the interests of justice or for the protection of the private life of the appellant, any person giving evidence or of any patient or client, the public should be excluded from all or part of the hearing.

(2) At the beginning of the hearing the Chair shall explain to the parties the order of proceedings which the Appeal Panel proposes to adopt.

(3) The Appeal Panel shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings and the parties shall be heard in such order as the Appeal Panel shall determine having regard to the following—

(a) the appellant may present her case in support of her appeal;

(b) the appellant or any person called on her behalf may be cross-examined by the Registrar and, in the case of a person called on her behalf, re-examined by the appellant;

(c) the Registrar may present her case in support of the decision appealed against or her failure to issue a decision;

(d) the Registrar or any person called on her behalf may be cross-examined by the appellant and, in the case of a person called on the Registrar’s behalf, re-examined by the Registrar;

(e) the Registrar may address the Appeal Panel on her case in respect of the decision appealed against or her failure to issue a decision; and

(f) the appellant may address the Appeal Panel on her case in respect of her appeal.

(4) The parties shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the Appeal Panel both on the evidence and generally on the subject matter of the appeal.

(5) Subject to paragraph (6) where the appellant or the Registrar are represented, references in paragraphs (3) and (4) to the appellant or the Registrar

(a) presenting the case;

(b) calling, or questioning witnesses;

(c) cross-examining or re-examining witnesses;

(d) or addressing the Panel,

shall be read as references to the representative of the appellant or the Registrar as the case may be.

(6) Except as provided in paragraph (5) references in paragraph (3) to the Registrar shall be references to the Registrar or any other person nominated by her to appear on her behalf.