The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004

Termination of suspension: applications made before 1st August 2004

11.—(1) This article applies to a case relating to health where a person, whose registration in the old register has been suspended in the circumstances described in rule 3(1)(a) of the Conduct Rules in pursuance of a direction under rule 46 of those Rules, has applied before 1st August 2004 for that suspension to be terminated but as at 1st August 2004 a decision has not yet been made on the application.

(2) Subject to paragraph (3), the Council shall continue to deal with the application referred to in paragraph (1), and a decision shall be made on it—

(a) in accordance with the Conduct Rules as if they were still in force; or

(b) in such manner as the Council considers just.

(3) A committee dealing with an application for termination of suspension may not make termination of the suspension subject to limitations pursuant to rule 49(10) of the Conduct Rules but may—

(a) make the granting of an application subject to the applicant satisfying such requirements as to additional education or training and experience as the Council has specified under article 19(3) of the Order and which apply to her; and

(b) on granting an application, make a conditions of practice order and—

(i) the provisions of article 29 of the Order shall have effect in relation to a conditions of practice order made under this sub-paragraph as they have effect in relation to a conditions of practice order made under that article, and

(ii) article 30 of the Order shall have effect as if the order made under this sub-paragraph were an order made under article 29 of the Order.