The Nursing and Midwifery Order 2001

Appeals U.K.

38.—(1) An appeal from—

(a) any order or decision of the Health Committee or the Conduct and Competence Committee other than an interim order made under article 31, shall lie to the appropriate court; and

(b) [F1 a decision of the Council mentioned in paragraph (1A)] or of the Investigating Committee under article 26(7) or (12) shall lie to a county court or, in Scotland, to a sheriff.

[F2 (1A) The decisions referred to in paragraph (1)(b) are—

(a) any decision of the Council under article 37;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) In any appeal under this article the Council shall be the respondent.

(3) The Court or sheriff may—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against [F4 or, in the case of an appeal under article 37(1)(f), direct that the alert be withdrawn or amended];

(c) substitute for the decision appealed against any other decision the Practice Committee concerned or the Council, as the case may be, could have made; F5 ...

[F6 (ca) with respect to an appeal under paragraph (1)(h), enter any decision which could have been taken by the Council; or]

(d) remit the case to the Practice Committee concerned or Council, as the case may be, to be disposed of in accordance with the directions of the court or sheriff,

and may make such order as to costs (or, in Scotland, expenses) as it, or he, as the case may be, thinks fit.

(4) In this article “the appropriate court” means—

(a) in the case of a person whose registered address is (or, if he were registered, would be) in Scotland, the Court of Session;

(b) in the case of a person whose registered address is (or, if he were registered, would be) in Northern Ireland, the High Court of Justice in Northern Ireland; and

(c) F7 ... in any other case, the High Court of Justice in England and Wales.

Textual Amendments

F1 Words in art. 38(1)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 167(a)

F2 Art. 38(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 167(b)

F3 Art. 38(1A)(b) omitted (18.11.2016) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 64(2) (with reg. 155)

F4 Words in art. 38(3)(b) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 64(3) (with reg. 155)

F5 Word in art. 38(3)(c) omitted (18.11.2016) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 64(4) (with reg. 155)

F6 Art. 38(3)(ca) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 64(5) (with reg. 155)

F7 Words in art. 38(4)(c) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 167(c)

Modifications etc. (not altering text)

C1 Art. 38 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 Art. 38 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. 38 in force at 1.8.2004 as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)