Nurses, Midwives and Health Visitors Act 1979

12 Removed from, and restoration to, register. U.K.

(1) The Central Council shall by rules determine circumstances in which, and the means by which—

(a) a person may, for misconduct or otherwise, be removed from the register or a part of it, whether or not for a specified period;

(b) a person who has been removed from the register or a part of it may be restored to it; and

(c) an entry in the register may be removed, altered or restored.

(2) Committees of the Council shall be constituted by the rules to hear and determine proceedings for a person’s removal from, or restoration to, the register or for the removal, alteration or restoration of any entry.

[F1 (2A) The Council may bring proceedings before a committee constituted in pursuance of subsection (2) in respect of a visiting EEC nurse or midwife for the purpose of determining whether by reason of his misconduct or otherwise the provisions of this Act (except this section) relating to visiting EEC nurses or midwives should cease to apply to him; and the provisions of this section and of rules made under this section shall apply, with any necessary modifications, in relation to any such proceedings as they apply in relation to proceedings relating to a person’s removal from the register.

(2B) In any case where it is determined that those provisions should cease to apply to any person he shall thereupon cease to be a visiting EEC nurse or, as the case may be, a visiting EEC midwife for the purposes of this Act and accordingly shall also cease to be deemed to be registered; and he shall not be entitled to be treated as such a nurse or midwife before the expiry of such period (if any) as may be specified in the determination, or if no such period is specified, without the written consent of the Council.]

(3) The committees shall be constituted from members of the Council; and the rules shall so provide that the members of a committee constituted to adjudicate upon the conduct of any person are selected with due regard to the professional field in which that person works.

(4) The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in such proceedings, whether before the Council itself or before any committee so constituted, and for the proceedings to be in public except in such cases (if any) as the rules may specify.

(5) Schedule 3 to this Act has effect with respect to the conduct of preceedings to which this section applies.

Textual Amendments

F1 S. 12(2A)(2B) inserted by S.I. 1983/884, art. 5(1)