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The Nursing and Midwifery Order 2001

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Changes over time for: Section 25

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Version Superseded: 11/12/2014

Status:

Point in time view as at 14/05/2009. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the The Nursing and Midwifery Order 2001, Section 25. Help about Changes to Legislation

Council’s power to require disclosure of informationU.K.

25.—(1) For the purpose of assisting [F1the Council or any of its Practice Committees in] carrying out functions in respect of fitness to practise, a person authorised by [F1the Council] may require any person (other than the person concerned) who in his opinion is able to supply information or produce any document which appears relevant to the discharge of any such function, to supply such information or produce such a document.

(2) As soon as is reasonably practicable after a decision has been made under article 22(5) or (6) to refer an allegation or other matter to a Practice Committee, the Council shall require, from the person concerned, details of—

(a)any person—

(i)by whom he is employed to provide services in, or in relation to, nursing or midwifery; or

(ii)with whom he has an arrangement to provide such services; and

(b)any body by which he is authorised to practise, in the United Kingdom or elsewhere, a health or social care profession which is regulated under any enactment.

(3) Nothing in this article shall require or permit any disclosure of information which is prohibited by or under any other enactment.

(4) But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the person referred to in paragraph (1) may, in exercising his functions under that paragraph, require that the information be put into a form which is not capable of identifying that individual.

(5) Paragraph (1) shall not apply in relation to the supplying of information or the production of any document which a person could not be compelled to supply or produce in civil proceedings in any court to which an appeal would lie from a decision of [F2a Practice Committee with regard to the person concerned].

(6) For the purposes of paragraph (5), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

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