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The Nursing and Midwifery Order 2001
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Default powers of the Privy Council
49.—(1) If it appears to the Privy Council that the Council has failed to perform any functions which, in the opinion of the Privy Council, should have been performed, the Privy Council may notify the Council of its opinion and require the Council to make representations to it.
(2) The Privy Council may, having considered the representations of the Council, give such directions (if any) to the Council as it considers appropriate.
(3) If the Council fails to comply with any directions given under this article, the Privy Council may give effect to the direction.
(4) Subject to paragraph (5), for the purpose of giving effect to a direction under paragraph (3), the Privy Council may—
(a)exercise any power of the Council or do any act or other thing authorised to be done by the Council; and
(b)do, of its own motion, any act or other thing which it is otherwise authorised to do under this Order at the instigation of the Council.
(5) The Privy Council shall not exercise the power in paragraph (4) to make, amend, remove or restore an entry in the register in respect of an individual, nor to refuse to do so.
(6) The powers under paragraphs (1) and (2) may be exercised by a person authorised or designated by the Privy Council for that purpose.
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