The Nursing and Midwifery Order 2001

Interim Orders by a Practice Committee U.K.

31.—(1) This article applies where—

(a) an allegation against a registered professional has been referred to [F1 a Practice Committee] but—

(i) that Committee has not reached a decision on the matter; or

(ii) in a case to which article 26(6) applies, where the Investigating Committee refers the matter to [F2 the Fitness to Practise Committee];

(b) the Investigating Committee makes an order under article 26(7), or

(c) the [F3 Fitness to Practise Committee] makes an order under article 29(5)(a) to (c).

(2) F4 ... If the [F5 Practice] 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—

(a) make an order directing the Registrar to suspend the person’s registration (an “interim suspension order”), or

(b) make an order imposing conditions with which the person must comply (an “interim conditions of practice order”),

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).

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to paragraphs (6), (7), (9) and (12) the order mentioned in paragraph (2) shall cease to have effect—

[F7 (a) in a case falling within paragraph (1)(a)—

(i) when the Investigating Committee reaches a decision under article 26(2)(d)(i) that there is no case to answer,

(ii) when the Investigating Committee agrees undertakings with the person concerned under article 26(5A),

(iii) where in respect of an allegation mentioned in article 22(1)(b), the Investigating Committee reaches a decision in respect of the allegation,

(iv) when the Fitness to Practise Committee reaches a decision in respect of the allegation in question;]

(b) in a case falling within paragraph (1)(b) or (c)—

(i) if there is no appeal against the order mentioned in that paragraph, when the period for appealing expires, or

(ii) if there is an appeal against that order, when the appeal is withdrawn or otherwise finally disposed of.

[F8 (6) In a case falling within paragraph (1)(a), an order made under paragraph (2) must be reviewed by either the Committee which made the order or [F9 where the matter has been referred to the Fitness to Practise Committee by the Investigating Committee pursuant to article 26(6)(b)(ii), by the Fitness to Practise Committee]—

(a) within the period of six months beginning on the date on which the order was made, and that Committee must thereafter, for so long as the order continues in force, further review it before the end of the period of [F10 six months] beginning on the date of the decision of the immediately preceding review;

(b) where new evidence relevant to the order has become available after the making of the order.]

(7) Where an interim suspension order or an interim conditions of practice order has been made under this article (including this paragraph) [F11 then either] the Practice Committee which made the order [F12 or, if the matter has been referred to the Fitness to Practise Committee by the Investigating Committee pursuant to article 26(6)(b)(ii), the Fitness to Practise Committee], F13 ... may, subject to paragraph (15)—

(a) revoke the order or revoke any condition imposed by the order;

(b) confirm the order;

(c) vary any condition imposed by the order;

(d) if satisfied that to do so 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, replace an interim conditions of practice order with an interim suspension order having effect for the remainder of the term of the former;

(e) if satisfied that the public interest, including the protection of members of the public, or the interests of the person concerned would be adequately served by an interim conditions of practice order, replace an interim suspension order with an interim conditions of practice order having effect for the remainder of the term of the former.

(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.

[F14 (9) On such an application the court may—

(a) extend (or further extend) for up to 12 months the period for which the order has effect;

(b) replace an interim conditions of practice order with an interim suspension order having effect for the remainder of the term of the order as extended;

(c) replace an interim suspension order with an interim conditions of practice order having effect for the remainder of the term of the order as extended.]

(10) In this article, references to an interim suspension order or interim conditions of practice order include such an order as so extended.

[F15 (11) For the purposes of paragraph (6), the first review—

(a) after the extension of an order by the court pursuant to paragraph (9)(a) or after the replacement of an order by the court pursuant to paragraph (9)(b) or (c), must take place within the period of 6 months beginning with the date on which the court extended that order or replaced the order, as the case may be;

(b) after the replacement of an interim conditions of practice order or an interim suspension order by a Practice Committee pursuant to paragraph (7)(d) or, as the case may be, paragraph (7)(e), must take place within the period of 6 months beginning with the date on which the replacement order was made.]

[F16 (12) Where an order has effect under paragraph (2), (7) or (9), the court may, on an application being made by the person concerned—

(a) in the case of an interim suspension order—

(i) terminate the suspension,

(ii) replace the interim suspension order with an interim conditions of practice order;

(b) in the case of an interim conditions of practice order—

(i) revoke or vary any condition imposed by the order,

(ii) replace the interim conditions of practice order with an interim suspension order;

(c) in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it),

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 [F17 Practice] 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 [F18 a 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 [F19 Practice] 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.

Textual Amendments

F1 Words in art. 31(1)(a) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(a)(i) (with art. 3)

F2 Words in art. 31(1)(a)(ii) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(a)(ii) (with art. 3)

F3 Words in art. 31(1)(c) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(a)(iii) (with art. 3)

F4 Words in art. 31(2) omitted (11.12.2014) by virtue of The Nursing and Midwifery (Amendment) Order 2014 (S.I. 2014/3272), arts. 1, 8(a)

F5 Word in art. 31(2) inserted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(b) (with art. 3)

F6 Art. 31(4) omitted (11.12.2014) by virtue of The Nursing and Midwifery (Amendment) Order 2014 (S.I. 2014/3272), arts. 1, 8(b)

F7 Art. 31(5)(a) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(c) (with art. 3)

F8 Art. 31(6) substituted (11.12.2014) by The Nursing and Midwifery (Amendment) Order 2014 (S.I. 2014/3272), arts. 1, 8(d)

F9 Words in art. 31(6) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(d)(i) (with art. 3)

F10 Words in art. 31(6)(a) substituted (31.3.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(c)(d), Sch. 1 para. 13(d)(ii) (with art. 3)

F11 Words in art. 31(7) inserted (11.12.2014) by The Nursing and Midwifery (Amendment) Order 2014 (S.I. 2014/3272), arts. 1, 8(e)(i)

F12 Words in art. 31(7) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(e) (with art. 3)

F13 Words in art. 31(7) omitted (11.12.2014) by virtue of The Nursing and Midwifery (Amendment) Order 2014 (S.I. 2014/3272), arts. 1, 8(e)(iii)

F14 Art. 31(9) substituted (31.3.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(c)(d), Sch. 1 para. 13(f) (with art. 3)

F15 Art. 31(11) substituted (31.3.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(c)(d), Sch. 1 para. 13(g) (with art. 3)

F16 Art. 31(12) substituted (31.3.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(c)(d), Sch. 1 para. 13(h) (with art. 3)

F17 Word in art. 31(14) inserted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(i) (with art. 3)

F18 Words in art. 31(15) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(j) (with art. 3)

F19 Word in art. 31(17) inserted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 13(i) (with art. 3)

Modifications etc. (not altering text)

C1 Pt. V applied (with modifications) (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 7(4)(b)

C2 Pt. V applied (with modifications) (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 6(b)

Commencement Information

I1 Art. 31 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)